WHGC, P.L.C.FindLaw IM Template2022-11-21T05:18:07Zhttps://www.whglawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1400914/2020/09/download.icoOn Behalf of WHGC, P.L.C.https://www.whglawfirm.com/?p=490482022-08-03T18:01:52Z2022-08-03T18:01:52ZDouble-check your contract
Sometimes, people assume a breach of contract has occurred because they have specific expectations that the other party failed to meet. However, if a business does not outline those expectations in the contract that they signed, the other party may not know about the expectations. Reviewing the contract to affirm if the other party has failed to perform their side of the agreement is an important first step in most breach-of-contract scenarios.
Communicate with the other party
Often, what one party perceives as a massive breach of contract is truly just an oversight or mistake on the part of the other party. Perhaps the company recently let someone go and has struggled since to delegate their clients to other staff members. Maybe there was a misunderstanding regarding the turnaround time or delivery date.
Firm but not accusatory language is often useful when first advising the other party of a breach of contract. If you give them an opportunity to correct the issue, often they will.
Don't be afraid to ask for assistance
Going to court is often the last resort in a breach of contract issue, but that doesn't mean you should avoid court at all costs. Even if you file a lawsuit against the other party in the hope of enforcing your contract or seeking damages, you may still resolve the matter outside of court.
A pending lawsuit can motivate the other party to cooperate or at least communicate more openly. If you do have to go to court, the document that you signed will guide the judge's decision. The more evidence you have, the more convincing your claim will become.
Taking the right steps when a breach of contract affects your company negatively will help you effectively resolve the issue.]]>On Behalf of WHGC, P.L.C.https://www.whglawfirm.com/?p=490352022-06-17T21:22:13Z2022-06-17T21:22:13ZIf you have a diverse workforce, it's very important to consider what this is going to mean for your company. You want to make sure that you have the correct policies in place and that you don't make any mistakes that may violate their rights as employees.
This is true for all employees, of course, but a diverse workforce can raise some more challenges because there may be legal stipulations that you've not been exposed to before. The more you can know in advance, the better you can handle this scenario.
Avoiding accidental discrimination
For instance, did you know that a dress code can sometimes be seen as a type of discrimination? You are certainly allowed to use a dress code if you want, but there are situations in which workers may complain if it applies only to one group and not another. For instance, limiting what certain people can wear may qualify as religious discrimination or even racial discrimination.If your workforce has a diverse age, you also want to keep that in mind. You need to make sure that you don't discriminate against workers who are over 40 years old. Even if it seems like a better idea to promote a younger worker or something of this nature, you want to make sure that you're not giving out that promotion strictly based on the person's age, or you could be discriminating against a more qualified candidate who is simply older and more experienced. If you do find yourself facing any sort of dispute due to a mistake or an error in handling this workforce, or even if you believe you did nothing wrong, then you need to make sure you understand your legal options so that you can protect your company's future.]]>On Behalf of WHGC, P.L.C.https://www.whglawfirm.com/?p=490302022-06-10T02:06:52Z2022-06-10T02:04:05ZIf you own a company in the hospitality industry, you have probably seen a lot of employees in your time. It’s the kind of work that many consider will suffice for a while, but not something they would want to do forever. Hence the turnover can be high.
It means that you may struggle to know your workers. Once you get to know someone, they are off. That leaves you more susceptible to complaints and legal problems from customers. It also increases the risk you face from employees. Here are a few steps to reduce the chance of employee issues:
Take time to train your staff well
When you urgently need someone to wait tables or turn out food to order, you might throw someone straight into the job without taking the time to provide all the training you should.Training people so they can get the job done is one thing. Yet, it is the additional training that is so crucial to reducing the chance of legal problems. For example:
Showing them all the necessary safety procedures and what to do if they have an accident. This reduces the chance you need to call on your workers’ compensation insurance or face civil litigation.
Explaining how seriously you take reports of harassment or discrimination. All workers need to know that you will not accept it and understand how to let you know if something happens to them.
Finding out about issues in your workplace early makes it more likely you can deal with them in a way that satisfies your employees. You are less likely to find them taking you to court when you do that. Getting legal help from the outset can ensure you do all you can to comply with employment laws and retain a happy workforce.]]>On Behalf of WHGC, P.L.C.https://www.whglawfirm.com/?p=490262022-06-08T19:39:16Z2022-06-08T19:39:16ZUnited States Patent and Trademark Office (USPTO) turns down many trademark approval requests leaving the businesses applying in a vulnerable position. Here are some things to consider if you do not want that to happen to you:
They sound the same as another trademark
Do not expect to get permission to trademark a line of dolls called Bar-B. Nor a line of soft drinks called Ko-ca Ko-La.
They look the same as another trademark
Trying to trademark a logo of a pear with a chunk bitten out of it? Think again. While a pear is not an apple, the USPTO is likely to consider it too similar to Apple’s logo.
The same could apply if your logo contains design elements of one that is already trademarked. If the USPTO believes that someone could glimpse your logo and take it to be another, they will probably turn you down. For example, if you had a company whose initials were S.A.P., do not try writing SAP in white Helvetica font on a dark blue background. If people could mistake your logo for GAP, the clothing company, you will not get your trademark.
They mean the same
If the translation of a word has already been trademarked in another language, that could see your request refused.
For example, a sports team called the Chicago Osos is unlikely to find trademark approval because “oso” is the Spanish word for bear.
Getting legal help to carry out all necessary checks and file your trademark application gives you the best chance of approval and reduces the likelihood of future intellectual property lawsuits.]]>On Behalf of WHGC, P.L.C.https://www.whglawfirm.com/?p=490242022-06-03T21:19:52Z2022-06-03T21:19:52ZMany employees harass others
It may be 2022, but workplace sexual harassment is still rife. A quick google search will likely bring up many companies in your industry who have been dragged over the coals for it.
As an employer, you have a duty to provide your workers with a safe working environment. That means one free from harassment or discrimination of any form and free from physical dangers.
You cannot be everywhere at once, so how can you ensure your employees are not letting you down? Here are a few ideas:
Make sure you understand the relevant state and federal laws
Living in California means you are subject to some of the most forward-thinking laws regarding equality in the workplace. The standards you must meet are high, but that’s a good thing.
Choose your managers carefully
Someone might be great at getting teams to reach goals, but at what cost? There is little point in a team smashing through the profit ceiling if you have to spend the gains defending your company from sexual harassment allegations due to the manager’s outdated attitudes to females.
Workers want to be sure their manager will not harass them and will step up and do something if they report harassment by someone else.
If it sounds overwhelming, remember you do not have to work it out alone. With the correct legal advice, you can take steps that will vastly reduce the chance your company faces a sexual harassment claim.]]>On Behalf of WHGC, P.L.C.https://www.whglawfirm.com/?p=488272022-04-25T17:42:06Z2022-04-25T17:42:06ZIn the 21st century, intellectual property has become more critical in the business environment than ever before. A trademark, for instance, guards your brand, preserves your business integrity and prevents consumer confusion.
U.S. trademark law is complicated, giving many Newport Beach business owners pause. Without an understanding of California intellectual property law, members of the business world often put off registering their trademarks. Such a delay in acquiring brand protection can harm your business.
Eliminating myths can improve your understanding
Like many other aspects of intellectual property, trademark law rests withina shroud of myth. Eliminating these myths is a great way to learn more about trademarks. Below are five myths to ditch immediately.
Registering a mark is all you need to do. The United States Patent and Trademark Office (USPTO) considers trademarks abandoned if three years pass without use of the mark.
Registering a mark gives you exclusive ownership. Others can use the same trademark if the goods they offer are unlikely to confuse consumers.
Registering a mark allows you to use the trademark symbol (®). The globally recognized symbol is only for use with federally registered trademarks.
Registering a mark does not offer any advantages. You can use your trademark without doing anything, but registration provides benefits like legal ownership and preventing others from registering a similar mark.
Registering a mark should only occur after business growth. Early registration is both beneficial and encouraged as doing so protects your marks from infringement.
The registration of trademarks for your Orange County company is just one element ofintellectual property law. Make sure you assess your legal options as you move forward with your company. ]]>On Behalf of WHGC, P.L.C.https://www.whglawfirm.com/?p=488222022-04-12T20:04:25Z2022-04-12T20:02:58ZHow can confusion arise?
The named defendants contended that the workers were not tasked with standing in one spot for the entirety of their shift. They would walk around, stock shelves, greet clients and other job responsibilities. Since the employee was regularly on the move, no seat was required at the teller station or cash register. The court disagreed, however, providing clarity in the sense that the employer must appraise each task as a separate entity. Moving to stock shelves, to expand the example, would not require a suitable place to sit but standing behind the cash register for a length of time would.
Risking noncompliance in this matter can open an employer up to numerous levels of legal challenges. Employers must carefully evaluate the workplace to identify workstations that should include a suitable place to sit down. From greeters and tellers to cashiers and data entry, employers must ensure they are on the right side of the California Supreme Court ruling. With complicated questions, it is wise to seek the guidance of an experienced legal professional who can provide insight designed to ensure employers are compliant with California’s strict legal guidelines.]]>On Behalf of WHGC, P.L.C.https://www.whglawfirm.com/?p=488202022-04-11T18:14:40Z2022-04-11T18:14:40ZOwning and running a business comes with its shares of excitement and challenges. As a business owner, you are privileged to provide a livelihood to employees who work for you.
However, in the process of running your business and creating a conducive workplace for your employees, it is not uncommon for mistakes to happen. And while some mistakes can be seemingly trivial and unintentional, they can have lasting consequences to your business. Here are common employer mistakes that can amount to discrimination
Having “favorite” employees
Chances are you have a diverse workforce. And, the chances are high that you have one or two employees whose work you love so much. While this is absolutely normal, it is extremely important that you treat all your employees equally when it comes to matters pertaining to their work. Showing open favoritism can prompt employees who are less favored to claim discrimination. As a result, they may file a complaint with the Equal Employment Opportunity Commission (EEOC).
Lacking place workplace safety policy
Every workplace has its share of risks. As such, it is important that you develop a comprehensive workplace safety policy and have your employees appropriately trained on safety awareness. Besides minimizing costly injuries, a safe and secure workplace will also go a long way in ensuring optimum output and an increased bottom line for your business.
Overlooking claims of discrimination
As an employer, it is likely you have had an employee or a group of employees unfairly treat their colleagues. This could be a supervisor who made sexual advances on their team member or an employee who was discriminated against based on their protected status. It is important that you conduct a thorough investigation and resolve any claims of discrimination as soon as they are reported. Failure to do so can cause your business serious problems down the road. A lot goes into running a successful business. Find out how you can avoid costly workforce mistakes while running your business. ]]>On Behalf of WHGC, P.L.C.https://www.whglawfirm.com/?p=488172022-04-10T04:22:55Z2022-04-10T04:22:55ZA layer of protection for business owners
There can be several threats to your company and its assets, such as collections efforts, lawsuits and other disputes between partners and family members. While you may initially only think about trusts from an estate planning perspective, a trust can also shield your business’s assets while you are alive.
You will need to assess the types of assets that need protection and what you want that protection to look like. Then, you should look at different types of trusts that could meet those needs, such as:
Testamentary trust. This type of trust becomes active after you (the grantor) die and can be used to pass assets on to one or more trustees.
Living trusts. A trust is created during your (the grantor’s) lifetime to transfer property to a trustee. You may make changes to the trust while you are alive, but after you pass away, the trust becomes irrevocable.
Irrevocable trusts. As the name suggests, an irrevocable trust is one that cannot be easily changed once it goes into effect. However, there are limited circumstances where an irrevocable trust can be revoked.
Support against liabilities
In some cases, you know the potential problems before they become an issue. Still, in other cases, a problem can arise only after you realize it is too late to add protection. Including a trust to protect the company’s assets can give you and the trustee peace of mind that the trustee will receive the appropriate assets.
As you determine your potential liabilities, you will want to look at what type of trust will best suit the needs of your business.]]>On Behalf of WHGC, P.L.C.https://www.whglawfirm.com/?p=488142022-03-25T21:04:39Z2022-03-25T21:04:39ZUndisclosed accounts can trigger penalties
The majority of countries participate in an international agreement to share tax and financial records with one another. If a citizen of Canada opens an account in the United States, the banking institution will provide the relevant tax information to the Canadian government each year. This system helps eliminate tax evasion.
For decades, people abused international commerce rules by creating foreign bank accounts and not reporting them. If the Internal Revenue Service (IRS) discovers undisclosed foreign bank accounts, they may initiate a tax audit or even tax evasion charges.
For the average taxpayer, an audit is a problem. For an immigrant worker, an audit could impact their career or ability to stay in the country. Tax charges could affect someone's visa or employment. They could also make them ineligible for a green card or naturalized citizenship, in some cases. Only by properly disclosing income and assets to pay taxes on them can workers avoid these risks.
Understanding how tax law differs for immigrant workers can help you avoid dangerous mistakes on your tax return.]]>