Archive for August 2017
WAS IT AN ACCIDENT OR INTENTIONAL MISCONDUCT
November 23, 2012 – Insurance If the actions of the insured were accidental it is covered, but if the actions were intentional, it is not covered. A deliberately pushes or shoves B. A’s actions are intentional and not covered What if A intentionally pushes B but does not intend to injure him. Are A’s actions…
Read MoreCAN INSURANCE BROKERS AVOID LIABILITY FOR ADVICE THEY PROVIDE INSUREDS BY CLAIMING THE INSURED FAILED TO READ THE POLICY?
November 23, 2012 – Insurance NO. An insured’s failure to read his policy does not….. render the insured’s reliance on the agents advice unjustifiable as a matter of law. Clemment v. Smith 16 Cal. App.4th45 Hobbs. V. Ins Serv.of California, Inc. 177 Cal.App.4th 624
Read MoreEMPLOYERS DUTY TO INVESTIGATE HARASSMENT AND DISCRIMINATION CLAIMS
November 23, 2012 – Employment Law Once the employer knows or should know about inappropriate behavior, it has a duty to take immediate and appropriate corrective action. Employers who promptly and seriously investigate accusations of wrong doing in the workplace fare much better in court than those who don’t. The failure to investigate may amount…
Read MoreEMPLOYERS SHOULD BE VERY CAREFUL WHEN HIRING AN EMPLOYEE AWAY FROM ANOTHER COMPANY.
November 23, 2012 – Employment Law IF FOR ANY REASON THE EMPLOYEE DOES NOT WORK OUT AND NEEDS TO BE TERMINATED THE EMPLOYER IS OPEN TO A LAWSUIT WITH LARGE POTENTIAL DAMAGES. In the case of Helmer v. Bingham Isuza the employee sued the employer claiming the employer had falsely promised employee salary and benefits…
Read MoreCalifornia Labor Law for Employers – Our Specialty
November 23, 2012 – Employment Law Serving California employers with business employment and labor related legal matters. Specializing in employers’ labor law in California on behalf of Employers. Sheldon Rosenfeld – 800-281-0041, 818-981-4100 In the Employers Corner 16530 Ventura Blvd. Suite 208 Encino, CA 91436
Read MoreEMPLOYMENT LAW
December 1, 2012 – Employment Law Suit was filed against the Domino Pizza franchise y a teenage employee who claimed she was sexually assaulted an harassment by a manager assistant during employment. She named in the suit the franchisee owner and the assistant manager who assaulted her as well as the franchisor, Dominos. Dominos the…
Read MoreIS A PARTY TO A BUSINESS AGREEMENT LIABLE IF HE MAKES A FALSE PROMISE THAT IS NOT IN WRITING
November 23, 2012 – Business Law Promissory Fraud A promise made without any intention of performing it. If the false intention can be proved there is liability for the false promise even if not in writing. Example: As part of a business agreement one party promises the other to attend and manage company corporate meetings…
Read MoreWHEN DOES A PARTY TO A BUSINESS AGREEMENT HAVE A DUTY TO DISCLOSE FACTS TO THE OTHER PARTY
November 23, 2012 – Business Law Breach of Fiduciary Duty Any relationship existing between parties to an transaction wherein one of the parties is in duty bound to act with the utmost good faith for the benefit of the other party. One such relationship is that of agency “Every agent owes his principal the duty…
Read MoreNON COMPETITION AGREEMENT
November 23, 2012 – Business Law CAN A BUSINESS OWNER ENFORCE A REASONABLE NON COMPETITION AGREEMENT WITH A FORMER EMPLOYEE? An agreement by a former employee not to compete when he leaves the business’s employment is enforceable only in 3 situations. If the agreement is in connection with the sale of the business, or the…
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