Helping You Move In The Right Direction

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Being in an authoritative role is not for everyone. Often, individuals in positions of authority, like employers, have to make difficult decisions when it comes to managing certain operations, addressing issues that arise and handling employee discipline. In some cases, these matters can have an element of confrontation or tension, and the possibility exists that some upset could arise. In particular, when terminating an employee from a position, it is important to take the correct steps.

Any worker can feel disheartened by losing his or her job, but as an employer, if you do not follow certain procedures, an employee could claim that you wrongfully dismissed him or her, or that some other detail of the firing process caused undue difficulties. You certainly do not want an already difficult situation to become even more trying for yourself, the employee or the company.

Is immediate termination the right answer?

In some cases, it may be necessary to immediately terminate an employee and have him or her escorted from the premises. Serious offenses like acting in a violent manner, stealing company property, bringing a weapon to work or other serious violations could present cause for immediate removal of an employee. Of course, when weapons or violence is involved, it is important to take caution.

In the event that an employee does not pose a threat or has not violated company policies in any serious way, immediate termination may not be the only course of action. You could have the ability to meet with the employee and let him or her know about any performance issues or other feedback that could help the worker understand that improvement is necessary. Keep records of this meeting to show that concerns about future employment existed before termination.

What if no improvement occurs?

Some workers do not take feedback seriously and do not want to improve, or they may simply not have the ability to handle a particular job as much as they try. You certainly do not want to keep on an employee who hinders other workers or the business overall, so ending employment may be the best course of action.

The options for terminating an employee can differ. For instance, should you offer severance pay? How much notice should you give the employee before the dismissal? Do you need to take the same actions with each employee in this situation? It is vital that you have the right answers to these concerns and come up with a dismissal process that suits your company’s needs, complies with California state laws and does not cause any unnecessary issues. Fortunately, an experienced employment law attorney can explain available options.

Some legal realms turn out to be surprising for people who underestimate their broad utility.

Estate planning is one prime example.

An in-depth online overview of the subject matter underscores that. It stresses that, “When people think of estate planning, they tend to focus on the distribution of an individual’s assets and other property when he or she passes away.”

Fair enough. Planning certainly does emphasize asset distribution to heirs and beneficiaries. That is a critically important component in legions of planning strategies.

It is also commonly just a single cog in a plan, though. Tailored estate plans also address and effectively manage myriad other concerns as well. Here are some representative examples:

  • Power of attorney designations relevant to financial and health care matters should a planner become incapacitated
  • Trust creation addressing the special needs of a loved one
  • Gifting and charitable strategies that can play a role in lawful tax avoidance
  • Guardianship appointment (with key relevance for parents of young children)
  • Probate avoidance, which can save time, money and sometimes family acrimony, as well as promote privacy
  • Business succession, with determinations often being vitally important for family-run concerns

Many people put off planning owing to a belief that it is relevant only to seniors having considerable assets. The above bullet points belie that assumption.

And some would-be planners procrastinate because they think an executed plan is a done deal not subject to further adjustment.

Happily, that is also untrue. The aforementioned overview duly stresses that estate plans are freely amendable in most cases, “so you needn’t fear being locked into a ‘rough draft’ plan that’s created early on in life.”

An experienced estate planning attorney can provide further information.

Lots.

That might easily serve as a shorthand answer to today’s above-posed blog headline query. Indeed, when it comes to making a selection concerning the type of structure a new commercial enterprise should assume, a business principal has a wide menu of choices.

And it pays – both figuratively and literally – to get it right.

We reference business entity selection on our website at the established Bay Area [nap_names id=”FIRM-NAME-2″]. We stress therein that entrepreneurs’ attention necessarily focuses on both “small details and big-picture planning.”

The combined micro and macro approach to business matters is likely nowhere more on display than with entity choice. How an enterprise will be set up and organized is a fundamental and first-step concern for any owner. Is power sharing contemplated? Will family members be involved? Are tax considerations a top-tier concern? What about liability?

Business structure: multiple formation options to consider

An in-depth online overview of business structures and entity choice underscores the large number and varied types of organizational possibilities that exist. Notwithstanding the sheer variety, that primer points out that business creators often narrow their choices significantly, emphasizing these select models:

  • Sole proprietorship
  • Closely held business
  • Partnership
  • Limited liability company
  • Corporation

Each of those possibilities offer pros and cons that link with a principal’s specific needs. If minimizing personal liability is a major concern, for example, LLC and corporate forms offer distinct advantages over other entity structures. Conversely, individuals highly concerned with preserving autonomy and decision-making powers might want to focus more closely upon a sole proprietorship or other closely run business.

Matters like taxation, raising capital and distributing profits and losses are also centrally important to many business creators.

The bottom line concerning entity formation stresses timeliness and proper due diligence. A proven business law attorney can provide sound and tailored advice that promotes an entrepreneur’s likelihood of success from the outset.