Operating a small business has its rewards but also carries its fair share of liability, including the potential for slip-and-fall lawsuits, claims for defective products, and the negligent acts of employees. All it takes is a single, costly lawsuit to shut a small business down, which is why business owners and their managers need to understand their own liabilities and prepare for them. This section covers a wide variety of topics pertaining to business liability, with articles on how to minimize your legal risks, forms and contracts related to liability, slip-and-fall lawsuits, employer liability for the actions of employees, and more. Is Your Business Liability for an Employee’s Acts?Employers can be held responsible for the conduct of their employees even if the employer had no intention to cause harm and played no direct role in the harm experienced. This is because of two basic concepts relating to employer liability. First, employers direct the behavior of their employees and receive the benefit of their efforts when things work out. This notion suggests that negative consequences also “belong” to the employer. Second, employers are most likely able to compensate someone who is injured or harmed. Regardless of the fairness, the legal system wants to identify an arguably responsible party that can make the victim whole and the employer presents the best opportunity to achieve this goal. Job-related accidents result in liability for employers under the doctrine of “respondeat superior” for the negligence of their workers in the course of their employment. If the employee causes an accident unrelated to the work this does not generally result in liability for the employer, however. If one worker injures another they are compensated under the worker’s compensation rather than a liability lawsuit. Negligent hiring or retention, unlike job related misconduct, arises from acts performed by an employee outside of their employment. The most common example of this is when an employer hires someone with a criminal record such that their customers are placed at risk. Conducting a background check on employees, especially those in contact with the public, provides some insulation from liability. Harassment among employees is a growing source of liability for employers. An employer may be held liable for harassment unless they can prove that they exercised reasonable care to prevent and promptly correct any harassment and the employee suffering the harassment unreasonably failed to complain to management or otherwise avoid harm. Business Owners and Slip-and-Fall AccidentsWhen someone slips, trips, and falls on someone else’s property and is injured the property owner is often liable on account of “premises liability.” This is particularly so when there is a dangerous condition such as torn carpeting, changes in flooring, poor lighting, a narrow stairwell, or a wet floor. Rain, ice, snow, potholes, and other obstacles may also create a hazard. There is no precise method for connecting a property-owner with the responsibility for a slip and fall accident, but situations where the owner/possessor created the condition, knew of the condition and negligently failed to correct it, or the condition existed for such a length of time that the owner/possessor should have known of and corrected the condition prior to the accident would result in liability. Free Consultation with a Business LawyerWhen you need legal help for your business, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Question of Liability in a No Fault Auto Car Insurance State Moving and Relocation After Divorce Source: https://www.ascentlawfirm.com/business-liability-law/
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Mediation is often an ideal choice when working through a divorce, as it allows you to meet with your former partner and discuss key issues related to property division, child support, custody and alimony (if applicable). To that end, the choice of mediator could be the single most important decision you make during your divorce process. As you go through the mediation, you will discuss a number of personal and sensitive topics that could become heated. Knowing this, you should have a mediator who has these specific qualities to guide you through the process. Nothing is more important in a mediator than trust. You must both trust that the mediator is working to help both of you to come out of this process as whole as possible. The mediator should be a good communicator, be completely honest and make you feel as comfortable as possible at all times. The mediator you choose should not only focus on mediation and dispute resolution, but should also have thorough training in those areas. A mediator’s job is far too important for someone who has simply taken a couple training courses. Look for a degree, certification and/or evidence of substantial experience. While you probably will not want to make your decision based on the lowest rate you find, you should look for someone who reasonably prices his or her services. Keep in mind that the entire divorce process is expensive. You will be responsible attorney’s fees, will be coming away from the divorce with significantly less household income and could end up being responsible for child support or alimony. If the mediator bills on an hourly basis, you need assurances he or she will use time wisely and efficiently. Has the mediator published any books or articles on mediation? Does she have a blog? Is he involved in professional networks? Do your background research before making your selection. Is Mediation is Best for Your Divorce?Mediation is an increasingly used method of divorce that allows couples to work together to arrive at a mutual agreement on how to settle issues related to their divorce. In mediation, you typically work with one legal professional, who guides your decisions and turns agreements into a binding settlement. When mediation may be helpfulMediation can be a positive, constructive experience for couples that are looking to maintain — or even strengthen — communication for the sake of their post-divorce relationship. Spouses who have children may wish to work together in such a way to better their communication for the sake co-parenting their child. Also, mediation offers more control for the couple to be involved in all decisions leading to their settlement. Spouses may even bring mental health professionals, accountants and other advisers into their mediation sessions to help guide conversations and determine the best possible outcome. Mediation is a quick and relatively inexpensive way to handle a divorce. For a couple that believes they can reach the best result for their family by working together, mediation may be an ideal way to swiftly arrive at resolution. Mediation may also be detrimental. Conversely, mediation may not be appropriate for some couples that seek divorce. For instance, if one spouse plays a completely dominant role in the relationship and will take over the conversation, mediation may not be suitable. Also, if there is a fundamental issue or lack of caring that neither spouse can get past, mediation may not be worthwhile. Mediation is not advised for couples that have a permanent lack trust in each other. This type of divorce is also not appropriate in cases where domestic violence or child abuse has taken place. Divorce Lawyer Free ConsultationIf you have a question about divorce or if you need to start or defend against a divorce case in Utah, call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How to Close Your Sole Proprietorship Business What are Rape and Sexual Assault? Source: https://www.ascentlawfirm.com/divorce-mediation-law/ Is a corporation or a limited liability company (LLC) best for your business. Which one is going to be better for your business? Which one will be easier to create and maintain? Although this article cannot give you a firm answer one way or the other, it will attempt to show you the advantages and disadvantages of both corporations and LLCs. Is an LLC Best?Many small businesses may find that the flexibility and simplicity of a LLC makes it the better choice when it comes to forming as a corporation versus an LLC. If you plan on your business owning property, you will seriously want to consider forming your business as an LLC to avoid the problem of double taxes. This issue may crop up if the business is formed as a corporation. This double tax problem arises if the business owns property that appreciates in value and the business is formed as a corporation. When this happens, both the corporation and the shareholders are taxed by the increase in property value when the property is sold or when the corporation is liquidated. Owners of an LLC, however, avoid this double taxation problem because the business’ taxes are “passed-through” to the owners of the LLC, meaning the LLC is not a tax entity in itself and does not pay taxes on its income. Is a Corporation Best?There will often be factors that make a corporation (C Corporation) the better choice when it comes to the corporation versus LLC decision. These factors could include: Large Number of Investors or you Plan on Raising Money from the Public. Although LLCs work great when there are only a few owners of a business that expect to have a hand in the dealings of the business, the LLC structure starts lacking when the number of investors and owners increases. At some point, the investors will want to have some sort of tangible ownership right in the business, which is where stock certificates come in. You can only issue stocks if you have organized your business as a corporation, however. Providing Benefits to OwnersCorporations are often able to provide benefits to those that are both employees and investors in the business. For example, if a person is both a shareholder of a business, and is also employed as the business’ chief financial officer, the corporation would be able to pay that person a salary and also provide benefits like health insurance. Because of the setup of a corporation, the business will probably be able to deduct the costs of the health insurance from its profits, and the benefit provided to the employee is not considered income. This is a great benefit of forming your business as a corporation. To contrast, an LLC can only deduct a portion of the cost of the health insurance (and other benefits) premiums paid for the employees. How to Retain Good EmployeesUnlike a LLC, a corporation has a great incentive system built directly into the structure of the business that can help small business retain great employees. Corporations can offer their best employees stock options that, in addition to providing an incentive for employees to remain with a business, also provide an incentive for an employee to continue working diligently for the business. Offering these stock options is an easier way to get employees a membership interest in the business, unlike LLCs where it can often be difficult and complex to get employees into the membership circle. What about an S Corp?Under an S corporation, you only pay self employment taxes on money you receive as compensation for your services, not on the profits that pass through the corporation to you. To make this clear, suppose you get $80,000 from your S corporation for the year, $60,000 of which was compensation for your services to the corporation. You will only pay taxes (15.3 percent) on the $60,000, not on the additional $20,000. If your business were formed as a LLC, however, you may have to pay self employment taxes on the entire amount of business profits that pass through to you automatically. Business Lawyer Free ConsultationWhen you need help with a corporation, LLC, S-Corporation or other business entity, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What a Car Accident Lawyer Says Salt Lake City Contract Attorney Source: https://www.ascentlawfirm.com/corporation-or-an-llc-for-business/ When parents get divorced (or have children outside of marriage), one of the most important determinations is who gets custody. But getting custody of your child requires an understanding of the various factors considered by family courts. What follows are some of the most frequently asked questions we get regarding child custody, joint custody, child visitation, and family law. When considering who should get custody of a child, what factors does a court look at?In almost all situations, a court will keep one primary question in mind when deciding a custody case, namely, what is in the best interests of the child? To answer this question, courts generally look at a number of different factors, such as: • A parent’s financial and physical ability to provide a child with essentials like food, medical care, shelter and clothing • A parent’s medical history, both physical and mental • The child’s age, sex and medical history, both physical and mental • A parent’s vocation and habits, including things like excessive drinking or smoking • The child’s choice if the child is of a certain age, normally 12 years old • The emotional bond between child and parent • The wishes of both parents • The willingness of each parent to support the child’s relationship with the other parent • The level of adjustment needed from the child if forced to move to a new school, city, or state, and • The quality of life the child enjoys in the child’s current status quo, and • Whether any parent has brought false or malicious charges of child abuse on the other parent. If, upon looking at all of these factors, a court cannot decide what is in the best interests of the child, courts normally tend to look closely at which parent would most likely provide the child with a stable household. This can vary depending on the child’s age. If the child is young, custody may go to the primary caregiver. However, if the child is older, custody may be awarded to the parent that is better situated to provide the child with access to education, friends, and social development. Does it hurt my chances of getting custody of my children if I move out of the home and leave the children with their other parent?In short, yes, it probably will hurt your chances of getting custody of your children. Parents that leave the home, even for good reasons, may have a lesser chance of getting custody of the children when it comes time to go to court. By leaving, the judge will see an implied message from the parent’s actions. Also, assuming that the parent left the family home, a judge will probably be more inclined to grant custody to the parent that is currently residing in the home so as to disrupt the children’s status quo as little as possible. However, just because the rule has been phased out, that does not mean that parents cannot ask a judge to award custody to the mother. Sometimes parents will agree that the mother has more time and inclination to raise the children, and will stipulate to such an order. However, some fathers may only stipulate to this arrangement because they believe that the court already favors the mother, which is not true. These days, both men and women commonly enter into the workforce full-time, meaning that the custody decision could be as simple as which parent could spend the most time with the child, all other factors being equal. For example, if a father works from home while the mother works a 60+ hour a week job as a corporate attorney, a judge may decide that the best interests of the child are to be with the parent that can spend the most time with the child, which would be the father in this example. Fathers are just as willing and able to be parents as mothers, and they can present that argument in court. Why is custody always awarded to just one parent?In short, no. It is very common for a court to award partial custody to both parents, otherwise known as joint custody. This type of custody arrangement normally falls into one of three forms. First, joint physical custody is where a court orders a child to spend a substantial amount of time with both parents during the course of the year. Second, joint legal custody is where, although one parent may have full physical custody, both parents must agree on any decisions that impact the child, such as their education, medical care and spiritual matters. Lastly, both joint physical and legal custody is a combination of the first two. Who will be the person deciding how much child visitation is fair and reasonable?In general, the parent with primary custodial rights over a child will get to decide what kind of visitation for the other parent is fair and reasonable. In many situations, this works out well for both parents and they can often come to an amicable arrangement regarding visitation hours and days. Is mediation better than a court setting for determining child arrangements and getting custody?Mediation is a great way to come to terms for a custody agreement instead of child custody lawsuits. The process of mediation works when the two parties, most of the time both parents in child custody situations, agree to sit down with a neutral third-party mediator. The mediator’s job is to invoke discussion between the two parties and help them come to some middle ground on which to settle. Child Custody Lawyer Free ConsultationIf you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What are Asset Protection Trusts? Closing a sole proprietorship is different –and typically much easier — than closing a corporation or partnership. For themost part, sole proprietors do not have to consult with anyone else beforedeciding to call it quits. However, sole proprietors still haveresponsibilities and obligations to tend and also may have outstanding loans topay off. Below, you’ll find a detailed hypothetical Closing a Sole ProprietorshipSue decides to sell her delicious chocolate chip cookies. After some investigating, she realizes that she could market, sell, and distribute her cookies over the Internet. After five years in business, Sue decided to close down her business. Because all states have different requirements for closing businesses, Jane checked with the Small Business Administration office in her area to determine whether she needed to notify the secretary of state,local tax authorities, or licensing entities of her decision to close her business. She found out that she is required to send a letter to the Utah Department of Commerce discontinuing the Cookie trade name. She also had to notify the Utah State Tax Commission and perhaps a the licensing entity. That completed, it was time to dismantle her business:
Involuntary Dissolution of a Corporation
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ABOUTHi i am Sandra Klutts. If you need a Cottonwood Heights divorce lawyer, child custody, adoption or family law attorney who does child custody, father’s rights, divorces and family law that cares about you, your family, your case, and is aggressive, call 801-676-5506 now for a free consultation. They are among the best law firms in the area. I would definitely recommend them to anyone. Divorce in Utah can be tough, so you need a smart Cottonwood Heights divorce lawyer. Archives
April 2019
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