Monday, November 21, 2022

Steps to Take When an Employee Sues Your Business

Any business can run the risk of getting sued by an employee. A lawsuit can do serious damage to your company, so it is critical to consult a corporate business attorney as soon as you receive notice that you are being sued. These steps can help you protect your reputation and finances and put you on the right track for dealing with a lawsuit.

Be Proactive

Although you treat your employees well and offer great pay, benefits, and a positive work environment, there is always a chance a worker may feel they have been wronged in some way. If a current or former employee makes a complaint or you are aware that they may be disgruntled, talk to your lawyer to get your lawyer’s thoughts on the matter. If you have an HR specialist, keep them in the loop and make a plan for how to move forward.

Contact an Attorney If You Receive Notice of a Complaint or Lawsuit

Before a lawsuit is filed against your business, you will likely receive a demand letter from the employee, their attorney, or another organization such as the EEOC. This letter may ask your company to take corrective steps and threaten to sue if these recommended measures go ignored. It is normal to be frustrated and angry if you or your company is accused of wrongdoing, but do not contact the employee or respond to the letter in any way to avoid risking further legal peril.

Instead, stay calm and seek the counsel of a business lawyer who is well-versed in handling employee claims. Whether your company is faced with an employment lawsuit, personal injury claim, or another matter, an experienced attorney can assess the situation, advise you of possible outcomes, and determine a course of action to protect your personal and professional interests and your company.

Protect Your Finances

Depending on the type of lawsuit, you may already have insurance that can help safeguard your finances. For example, if an employee is suing you due to an injury your employee sustained at work, your worker’s compensation or your general liability insurance company may cover it if a claim is submitted. Employment Practices Liability Insurance (EPLI) insurance is specifically designed to provide coverage against claims related to workplace-related issues such as discrimination, harassment, wrongful termination, and retaliation.

Regardless of what the lawsuit is about, do not automatically assume that your insurance will cover a claim, as the circumstances surrounding the lawsuit may make it a non-coverable event. If you receive a legal demand letter or notice of a lawsuit, contact your insurance company as soon as possible.

Safeguard Yourself Against Future Lawsuits

Unfortunately, the lawsuit you are dealing with may not be the last. Creating a risk mitigation plan, having a business contract attorney draft or review any employee agreements, and providing a comprehensive employee handbook outlining policies, rules, and guidelines can prevent problems before they start. Whether you run an office or a factory, keeping up with employment and labor laws and OSHA safety standards can help you avoid litigation as well.

Our experienced business lawyers in West Chester handle all aspects of business law, including succession planning, employment issues, business entity formation, litigation, and more.


This blog was originally posted at https://carosella.com/steps-to-take-when-an-employee-sues-your-business/

Monday, November 14, 2022

What is a Letter of Instruction and Why Do You Need it?

A letter of instruction can help your loved ones tie up loose ends and give them peace of mind after your passing. Although it is an informal document, lawyers who specialize in wills often encourage clients to create one as part of their estate plan. A letter of instruction enables you to clarify your wishes and address matters that may not be in your will and gives you the freedom to offer personal messages to your family and friends.

What is in a Letter of Instruction?

Also known as a letter of intent, a letter of instruction may include everything from social media passwords to specifics about your wishes for funeral arrangements. It can also provide an easy-to-follow guide for the executor or personal representative in charge of settling your estate. Your estate planning attorneys can help you write up a letter of intent and ensure it covers everything you wish to address.

A comprehensive letter of instruction may include:

  • A list of all your assets
  • Information about where any tangible assets are located
  • A list of bank, brokerage, investment, and retirement accounts
  • Names and contact information for any financial professionals who handle your assets
  • Usernames and passwords for accounts, social media, email, and websites or apps
  • Specifics about how to disperse personal items like jewelry, family heirlooms, photos, etc.
  • The location of financial and legal documents such as wills, trusts, insurance policies, bank statements, tax returns, birth certificates, and titles or deeds for real estate, and vehicles
  • A list of beneficiaries and their contact information
  • Locations of safe deposit boxes and keys
  • Information about any debts, such as credit cards, loans, and mortgages, and contact information for debtors
  • Details and contact information for all insurance policies, especially life insurance
  • Instructions for the care of any pets
  • Instructions for final arrangements
  • Your preferred charities for donations if applicable
  • Any personal messages you’d like to convey to loved ones

A Letter of Instruction Eases Your Loved Ones’ Burden

Having all of this information in one place can make it much more convenient and less stressful for your executor and loved ones. Discussing these matters can be challenging, and a letter of instruction enables them to know exactly what you would have wanted.

A letter of instruction can cut down on conflict, provide comfort, and give family and friends more time and energy to support each other after a loss. Make sure to review and update your letter of intent with your estate planning lawyers every so often to ensure the information in it is up to date.

Our experienced team of attorneys and legal professionals offer comprehensive estate planning services that protect your interests and the legacy you wish to leave behind.


This blog was originally posted at https://carosella.com/what-is-a-letter-of-instruction-and-why-do-you-need-it/

Monday, November 7, 2022

Hiring a Real Estate Lawyer: Things to Look For

Finding a good real estate lawyer is critical to ensuring your interests are protected in a property transaction or when legal issues arise. Although it can be tempting to simply choose someone with the best reviews on the internet, there are multiple factors to consider before hiring an attorney.  These tips can help you understand what to look for in a real estate lawyer and find the one who is right for you.

Experience

Real estate is a specialized, complex area of the law. You want to make sure you choose an attorney who has experience handling myriad aspects of real estate and who is familiar with local, state, and federal law. Regulations vary by jurisdiction, so it is important to find a real property lawyer familiar with local laws, processes, regulations, and courts. Another thing to consider is the type of real estate transaction or legal matter you are tackling. For example, if you are purchasing a commercial property, finding an attorney who has handled transactions similar to yours is critical.

A few questions to ask include:

  • Have you successfully handled cases similar to mine?
  • Is real estate law your primary focus?
  • Are you a member of any local or national real estate law organizations?

Reputation

In addition to checking out reviews on the internet, ask an attorney whether they have won any awards or accolades in their area of law. It is also good to ask family or friends if they have worked with a lawyer they would recommend. Do not hesitate to request references from a lawyer’s former clients as well. Some questions to ask clients include:

  • Did the attorney answer your questions?
  • How responsive were they?
  • Were you pleased with how they handled your case?
  • Did they resolve any problems you may have encountered?
  • Would you hire them again?

Talking to an attorney’s clients can help you narrow down your list and get a feel for who may be the best fit for your circumstances and personality.

Services

Transactions and legal issues involving real estate come with a lot of paperwork and procedures. While a contract attorney may be fine for drafting a simple purchase agreement, make sure a lawyer offers the specific services you need. An experienced real estate lawyer may be able to help you with:

  • Negotiating deals on your behalf
  • Drafting and reviewing contracts
  • Title searches and insurance
  • Lien searches
  • Transfer of deeds and titles
  • Mortgages and financing
  • Escrow
  • Closings
  • Zoning issues
  • Building regulations
  • Easements
  • Environmental considerations

Personality and Communication Style

Keeping lines of communication open with your real estate attorney is vital, and not everyone’s personalities or styles are compatible. Pay attention to how a lawyer speaks to you, answers questions, and whether they can think on their feet. Do you feel comfortable asking them questions? Do they explain legal concepts in terms that are easy to understand? Will they be available when you need assistance or check in on how things are going? Attorney-client relationships are built on trust, so it is important to choose someone you are confident will look out for your best interests.

Our West Chester real estate lawyers handle all aspects of residential and commercial real estate law. We are dedicated to finding innovative solutions and working toward the best possible outcomes for clients.


This blog was originally posted at https://carosella.com/hiring-a-real-estate-lawyer-things-to-look-for/