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Keeping non-compete agreements ethical and fair to both parties

Non-compete agreements are a common element to employment contracts that sometimes catch a prospective employee off guard. Is it ethical, and even legal, for a contract to state that the employee is not allowed to work in a specific field after he or she has left the company? The simple answer is that yes, non-compete agreements are a normal part of many Houston companies’ operations, and it is legal to uphold the terms of these agreements as long as they have been drafted correctly. At The Jackson Law Firm, we understand how a non-compete agreement can be beneficial to your company, as well as the proper way to word such an agreement so a former employee cannot hold it against you.

Even so, a potential employee might bristle at the idea of a non-compete agreement restricting his or her business prospects in the future. The employee might be taking the job in your company to increase experience in a field that he or she has a passion for and a desire to start up a similar business later on. Under many circumstances, this can take business away from your own company. Non-compete agreements are meant to prevent too much competition undermining your business, or to keep former employees from changing your customers’ loyalties.

Former CFO convicted of embezzling from employer

When it comes to high-ranking employees in a business, there must be some measure of trust. Many of these people have access to money and significant assets, and there is little to stop them from abusing this trust. Most Houston executives in positions of authority perform their jobs with high ethics; unfortunately, there are others who can’t resist the temptation of making some easy money in the form of embezzlement.

Embezzlement is a form of theft that is committed by a person who generally has an elevated form of responsibility within the company. This often occurs in corporate offices or within the financial division of a company. Accounting embezzlement is one example. Many employees will attempt to cover their tracks by only stealing small amounts over a period of months or years, but others are bolder and might take large sums of money at a time.

Appropriate times to withhold payment from a subcontractor

It's always in a company's best interests to adhere to the terms of a contract, especially when it comes to payment. Failure to pay someone for the work or service they do can result in business litigation. This can include Houston business owners who don't pay fair wages to their employees and subcontractors. It also pertains to the payment terms outlined in a contract between a business and a subcontractor company.

In most cases, the law requires businesses to pay subcontractors for their work. According to the Texas Constitution and Statutes, company owners have 35 days after a written request for payment to pay a subcontractor for work or services that were performed according to contract specifications.

Employer-employee legal troubles in the workplace

Dealing with labor or employment litigation issues can be a troubling endeavor. You may be concerned about worsening your situation at work accidentally. You may even have concerns that you could end up fired if you bring attention to a bad situation. However, there are protective measures that you can take to ensure that you don’t have to keep suffering in a poor work situation in silence.

Employees like you can face a number of issues in the work place. Even though there are many labor laws in place in a number of states that are meant to fight against discrimination, aimless termination or other similar issues, that does not mean every employer will heed these laws. The number of legal issues in business that you may face can include:

  •          Intellectual property infringement
  •          Title VII disputes
  •          Retaliatory discharge allegations
  •          Wrongful termination
  •          Discrimination in the workplace based on gender, race or age
  •          Sexual harassment
  •          Wage claims and unemployment
  •          Wage and hour disputes

What is a breach of contract?

The term “breach of contract” is not entirely uncommon and many people may have heard of it before. However, familiarity does not mean that everyone understands its definition. Despite how straightforward the term may seem, there are actually several requirements that are necessary in order for something to be deemed a viable breach of contract.

According to the Judicial Education Center, a breach of contract means that any part of a contract has been broken, or any terms of the contract have not been fulfilled. If there is no legal excuse for the aforementioned things to have happened, then any party that was part of the contract can claim a breach. At this point, the argument is usually taken to court in order to settle it properly. However, a breach can also be called even if the terms of the contract were met. If the terms were not up to industry standard or a warranty, then it is considered a breach.

Different areas of real estate litigation and their documents

If you find yourself needing to deal with matters of real estate litigation, it can be complicated and confusing. Real estate litigation usually comes with a lot of paperwork and terminology that is unique to the topic. This can make it difficult for you to understand what you need to do.

First of all, you may wish to determine what area of real estate litigation your particular case would be filed under. There are many different types and each type comes with its own set of documents and requirements. Some types of real estate litigation can include boundary or construction disputes, lease agreements, slander of title, quiet title actions, mechanics liens, nonpayment, commercial leases, or disputes from commercial landlords or tenants. Commercial and residential real estate also fall under the real estate litigation section.

What is probate litigation?

Probate litigation is a term that many will come to know if they have lots of properties, multiple bank accounts, a large number of gifts, or sizeable estates. Many people may also recognize it as a term that is tied to wills. Wills are written by the deceased to distribute their property and belongings. So what is probate litigation, exactly?

The definition is laid out by Newsmax, where it is stated that probate litigation essentially boils down to contesting a will. If a will determines who gets what, then probate litigation exists in order to ensure that the will is both fair and feasible. However, probate litigation follows a very strict timeline. Probate courts refuse to file claims over the deadline even if they are very legitimate. This means that anyone who believes they have a reason to file a probate claim should do so as quickly as possible.

Different types of probate litigation issues you may face

Probate litigation can be a tricky field for you to traverse by yourself. There are many unusual troubles that crop up surrounding probate litigation. We at The Jackson Law Firm aim to help you find your way by providing you with useful information.

You may be experiencing any number of different issues that can arise in the field of probate litigation. These issues can involve debt collection, ERISA benefit discrepancies, fiduciary misconduct, will contests and more. These are areas of the law in which you may find yourself struggling due to the unique aspects of it, or because probate litigation is not an often talked-about area of law.

Couple is over $25,000 in the hole after contractors bail

A breach of contract can happen in any business arrangement, which is a rather unfortunate reality that many people have to face. This includes agreements between a customer and a business, which is usually the case when people hire home renovators who are working on a contractual basis.

For example, one couple from Galveston is now involved in a contracting dispute in which they sued a general contractor over a case of home remodeling. They have claimed that both miscommunication and negligence are the fuel behind this suit, including negligent misrepresentation. The couple reportedly paid over $25,000 for a home remodeling job that was never finished. When they attempted to contact Demus L. Westmoreland of Galveston to work out the issue, he allegedly did not appear for any of the meetings.

Dealing with the potential of business dissolution

One of the hardest things that can happen to your business partnership is the potential of dissolution. However, there are some cases in which this is simply unavoidable due to various circumstances, and it therefore becomes imperative for you to know when to cut your losses and when to seek more professional means of dividing up your business.

Sometimes referred to as “business divorce”, dissolution is the ultimate outcome of irreconcilable differences between business partners. Whether it’s because you and your partner(s) have differing values, different models of business, different goals or different ideas of how your business should run, there may simply be some hurdles of opinion and thought that can’t be jumped. Over time, this could lead to you building up resentment toward your business partners which could end in you simply being unable to overcome any future challenges together.

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