Los Angeles Business Law Blog

Must an Agreement be in Writing to be Enforceable?

Contracts are necessary to the stability and success of just about any business, whether they are with certain employees, partners, vendors, customers or clients. In order to make sure they function as anticipated, it is important that they be valid, well-crafted and enforceable. Otherwise, it may not be binding or, even worse, operate to the detriment of your company contrary to how it was intended.

Obviously, it's best to retain an experienced lawyer to create a customized contract tailored specifically to your business and its needs. Should you decide to take on this responsibility yourself, you should be familiar with the types of contracts that are not enforceable. For instance, did you know that a contract may not need to be in writing to be enforceable?

Protecting Intellectual Property for Individuals

Previously in this blog, we have discussed how important it is for businesses to protect their intellectual property. However, protecting intellectual property is not something reserved for business entities; individuals can also benefit from such protections.

If you work in certain capacities - like design, writing or other creative roles - it can be important for you to understand what intellectual property you might have, as well as why you should protect it.

Should businesses tolerate moonlighting?

Moonlighting is a term used to describe the act of working a second job outside of normal working hours. Federal government agencies prohibit employees from this practice, while many public organizations must refer to federal laws and agency regulations.

On the other hand, are employees of private companies permitted to moonlight? Generally speaking, yes. But this causes challenges to the employers when employees moonlight and their quality of work decline.

"No-Poach" Agreements Spark Legal Contests

Employers across California go to great lengths in terms of both time and money to hire loyal, competent employees. However, it can be a challenge to retain employees, particularly when a competing entity offers attractive benefits to try to get a worker to come work for them.

In some states, employers prevent this by having employees sign non-compete agreements that prohibit them from working for certain companies until a certain amount of time has passed after their employment ends.

5 Basic Ways To Protect Trade Secrets

Trade secrets are typically among a company's most important assets. This information is a solution, formula or technique that gives the business a competitive edge and sets it apart from others. And its value comes from the fact that it is not available to people outside the business.

Is your employee stealing company cash?

You've noticed a change in sales lately but can't find a reasonable explanation to account for the losses. You don't want to believe that one of your employees has been stealing money out from under you, but your suspicions are growing. You believe that someone in accounting may be to blame. However, before you confront an employee, you'll want to know for certain that you're confronting the right person and can provide evidence to back up your claim.

What are the signs that an employee has been embezzling money? How can you confirm your suspicions and take legal action against them?

Employers Have Difficult Decisions to Make during Worker Shortage

California employers have a lot to think about when it comes to hiring workers: the type of employee, whether to pay them on and hourly basis or salary, the rate of pay, the types of standards they to enforce, and many more issues. Unfortunately, these decisions aren't always strictly in an employer's hands. Sometimes, they depend on much larger factors, like the available workforce and the economy.

For instance, trucking companies are struggling with a driver shortage that has taken a considerable toll on hiring prospects. As noted in a recent article on the trucker shortage, companies may be making hiring concessions they might prefer to avoid.

Even When Discrimination is Subtle, It's Still Unlawful

Discrimination in the workplace is a hot-button and sensitive topic for employers and employees.

Even the appearance or suggestion of discrimination can trigger legal action. Whether there is ultimately a settlement or a court dismisses the case, lawsuits can be demanding and expensive for employers. As such, it is crucial to avoid discrimination, even when it seems subtle.

3 Options for Resolving a Construction Defect Dispute

While the vast majority of owners' complaints involving construction work on their home or building can be classified as "cosmetic" in nature, other seemingly minor issues should be considered defective work which can be problematic. Not only can they be costly to repair, but they can lead to more serious issues such as window or pipe installations that could cause damaging water intrusion; electrical problems can cause excessive energy consumption and possible fire hazards; and in rare cases innocent looking cracking could be a sign of structural failure or foundational problems.

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