Tag: Business litigation

partnership contracts

Partnership Contracts in Business—How to Avoid Disputes Later

Every business is different, but one central theme prevails in all: you cannot do it alone. And while many business owners may be able to create and start up a business by themselves, there is usually a strong team put quickly into place, responsible for a variety of different tasks—from customer service to accounting to human resources. For one reason or another though, you may be founding a new company with one or more partners on board. Many entrepreneurs find this a healthy way to enter the business world, brainstorming and innovating with other like-minded individuals, as well as being able to share responsibilities for startup capital, the workload, and even some of the stress and anxiety involved.

You May Spend A Lot of Time with Your Business Partner

In a partnership, you have one or more business peers to lean on, whether that is financial or not. The relationship can be like a marriage in many cases—and sometimes it may seem like work obligations force you to spend more time with your business partner than you do your spouse. With nearly 30 million small businesses registered in the US today, that makes for a lot of partners—and unfortunately, disputes too. No one likes to see a long-term relationship with someone they have worked with go downhill though, and especially not one that escalates into a nasty court battle.

A Thorough Partnership Contract Could Save You Later

Just as with so many trusting couples who dismiss the idea of prenuptial agreement, partners in the initial glow of the business startup may neglect to create the proper partnership contracts. Getting started on this paperwork while the going is still good is key however. While it may seem awkward at first, setting up all the rules of the partnership at the beginning means you can formulate a plan not only for how you will proceed at the start—but also the end.

The basics should be covered as to which titles each partner will hold, decision-making power, job duties, and how profits will be disbursed. Just as important though are exit strategies discussing what will happen should one or more partners decide to leave—or what will happen to their shares if they die. A dispute resolution clause may prove indispensable later too, giving you the flexibility ahead of time to choose whether any legal issues would be settled through classic litigation processes or alternative dispute resolution instead, such as arbitration or mediation.

Contact Us for Help

Do you need legal assistance with a business dispute? If so, contact the Bolender Law Firm.  Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

business owners

Business Owners: Are You Covered for Workplace Injuries?

No matter what type of business you own, there is always the possibility of an injury in the workplace. While some sites are more prone to one or more of your team having an accident over the years while they work for you—whether you oversee a large construction crew, operate a restaurant, or any other type of company—it is critical that you have sufficient worker’s compensation insurance; and in fact, it is the law in California according to California Labor Code Section 3700.

Many different types of accidents can occur, and employees may be out of work for a range of different time periods—receiving either temporary or even permanent disability. The most common injuries that result in payments from workers’ compensation tend to be strains; for example, employees may pick up boxes or other materials at work that are too heavy and then sprain their backs or other areas such as the arms or wrists. Unfortunately, many of these injuries occur even after so many businesses have instituted their own injury and illness prevention programs as recommended by the Occupational Safety & Health Administration (OSHA).

Offering the proper education, information, and training to your employees regarding how to avoid injuries on the job can be critical to cutting down on incidents, and also helps promote a stable and safe atmosphere:

“Injury and illness prevention programs are not new, nor are they untested. Most large companies whose safety and health achievements have been recognized through government or industry awards cite their use of injury and illness prevention programs as their key to success,” states the OSHA website. “Convinced of the value, effectiveness, and feasibility of these programs, many countries around the world now require employers to implement and maintain them. These countries include Canada, Australia, all 27 European Union member states, Norway, Hong Kong, Japan and Korea. This initiative also follows the lead of 15 U.S. states that have already implemented regulations requiring such programs.”

The OSHA website also points out that “California began to require an injury and illness prevention program in 1991. Five years after this requirement began, California had a net decrease in injuries and illnesses of 19 percent.”

Even with programs available and heightened awareness though, accidents sometimes cannot be avoided—and that is where insurance comes into play (in so many other areas of coverage too for individuals and businesses in the US). Not only does workers’ compensation protect your employees by providing them with medical coverage as well as compensating them for wages, but as they accept it they also give up the right to sue you regarding the injury, making it indispensable coverage all around.

Your insurance agent will be able to inform you of California’s laws and requirements regarding worker’s compensation and you should be able to purchase your coverage through them. It is also available through the State Fund.

If you are having difficulty with workers’ compensation, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!

 

business owners

Business Owners: Have You Updated Your Insurance Policies Lately?

Owning a business is full of rewards and challenges—all of which you may experience daily. While in the conceptual stages, thoughts of running your own business may have entailed a much different type of luxurious, fantasy scenario, once you get down to the brass tacks of owning a company, it is easy to become mired in a long list of constant tasks, from employee scheduling to inventory and ordering, dealing with vendors, other businesses—and of course, the ever-necessary customers. Along with all of that comes a huge emphasis on managing finances and taking care of issues like insurance.

For the average small business there can be a variety of different policies required, and it is critical to be sufficiently covered—as well as to understand what types of coverages you have so there isn’t a misunderstanding later or a denial that could have been prevented; however, if you think the insurance company is denying you in bad faith, consult with an experienced insurance law firm like the Bolender Law Firm as soon as possible.

In the meantime, all insurance policies should be reviewed and updated if necessary at least once a year. Here are some typical policies a small business may need to consider:

  • General liability – this type of business insurance is critical in protecting you, as well as your employees—providing bodily injury and property damage coverage in the case of any claims that may arise. This type of insurance should cover expenses incurred due to such a claim, from any required investigations on the part of the insurance company to medical expenses, legal fees or settlements, and more.
  • Professional liability – meant to protect you and your business in the case of a claim brought against you when a client alleges there was negligence, this insurance could be critical to saving your company should an issue arise in the future. Professional liability policies can vary greatly too, so make sure to review and update yours yearly to make sure you have the proper coverage.
  • Workers compensation – as a business owner, this is one type of insurance you will probably always have to deal with as it protects your employees if they are injured on the job, insuring them for medical payments and lost income when they cannot work—either temporarily or permanently, depending on the severity of the case. Understand your policy, and work with your insurance agent to make sure you are properly covered according to the state law.
  • Property insurance – even if you don’t own the building where your business is located, you may have plenty of contents that need insuring. Stay up to date on your policy every year by reviewing what you may have added (or gotten ridden of) at your office that needs to be insured.

If you suspect your insurance company may be denying your claim in bad faith, contact the attorneys at the Bolender Law Firm.  If a dispute over a claim cannot be easily resolved through a call or written communication, our attorneys will advocate on behalf of policyholders through litigation, arbitration, or non-binding mediation. Our attorneys are experienced in representing clients in state and federal courts, at both the trial and appellate level. Call us at 310-320-0725 now or submit an easy consultation request online. We are here to help!