Buffington Law Firm's trust dispute attorneys have more than two decades of experience in handling trust inheritance disputes. This Blog article will briefly discuss a certain type of trust dispute that is unfortunately quite common -- situations in which someone exercises undue influence over a trustor (trustmaker) and causes that person to make changes to his or her trust that are not really representative of the trustor's true wishes.
The Art of Knowing When and How to Settle a Case
Buffington Law Firm's main practice areas consist of trust litigation, real estate litigation, and business/corporate litigation. There is one common denominator to these three practice areas -- that is the need for the client to know if, when, and how to settle a case.
Firing fairly to avoid legal action
Undoubtedly, one of the most stressful duties of a business owner or manager is firing employees. A termination may be the sorry result of an economic downturn or the culmination of an employee's lack of success. You may know well the embarrassment of losing a job and the difficult time your employee will have facing his or her family. Nevertheless, you must put your emotions aside and do your job.
In the back of your mind, however, may be the concern that this termination will come back to haunt you in the form of a wrongful termination lawsuit. Such lawsuits can drain your business of time and resources, and they may also damage your reputation as a fair and trustworthy employer. It is important that you act justly in all your dealings with employees, but especially during the difficult process of termination.
The penalties for elder abuse are severe in California!
As discussed in last week's Blog article, Financial Elder Abuse is a growing and serious problem in California. The Welfare and Institutions Code defines it as a situation in which someone:
Financial Elder Abuse Takes Many Forms
Financial elder abuse in California is a pervasive and growing problem. Buffington Law Firm's Trust and Elder Law litigation attorneys have frequently and repeatedly encountered egregious examples of financial elder abuse. We have a track record of solving such problems.
The tree-trimming incident brought tears to your neighbor
You have lived next door to Margie for five years now. You get along well, and you thought you knew her—but that was before the tree-trimming incident.
Several branches of the box elder Margie owns hang over your property. You told your neighbor that you intend to trim those branches. Margie objected and started to weep. What happens now?
5 workplace torts that may derail your small business
As a small business owner, you have a variety of tasks you must complete each day. When trying to maximize profits, please customers and retain employees, you may eventually rub someone the wrong way. If you do, you should know about some workplace torts that may expose your organization to liability.
French for “unjustly and without reason,” a tort is merely some sort of damage or injury. While not all injuries offer a means for redress, certain ones that occur in the workplace may give your employees a foundation to file a lawsuit. Here are five common ones:
Breach of contract before its completion date
Running a small business seems to become more challenging every day. Not only must you comply with an increasingly complex set of laws and regulations, but you also must likely work with contractors. If one of your contractors fails to deliver, you may be unable to meet customer expectations. You may also have financial losses or missed business opportunities.
Sometimes, it becomes clear that a contractor either cannot or will not complete the contract. You probably do not need to wait until the completion date arrives to protect your business interests. With anticipatory repudiation, you may be able to free your small business from the terms of the contract.
Plain language is key to an enforceable severance agreement
A severance agreement is normally part of an employment agreement. However, it can also be a stand-alone document an employer wants a departing employee to sign.
If certain elements are missing, the document will not stand up in court. The drafting of an enforceable severance agreement begins by using plain, understandable language.
Steps to take before litigation for contract/business disputes
When it comes to contract disputes and resolutions in California, many entrepreneurs are not aware that there are measures they can take to resolve them outside the courtroom. Though going to court is often best reserved as the last tactic, sometimes, taking things to litigation is necessary. Attempting to resolve business issues outside the courtroom can help preserve business relationships and help clear up potential misunderstandings. Not all business disputes/breaches of contract are the result of ill intent.
Business must go on, and breaches can cause delays that interfere with an organization’s operations and profits. The same applies to a lengthy contract dispute and breach litigation. Before filing a motion with the courts on potential issues you encounter with your vendors or workers, consider the following less severe resolution tactics.
