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 Welcome to LegalBriefs 
Legal tips on how to prevent problems & avoid lawsuits

Provided as an educational courtesy by Business Attorney Alan Thayer. Your questions and comments are welcomed. Call 541-345-2325 or email Alan at alan@thinkILG.com.

For tips contained in past issues of LegalBriefs, go to our LegalBriefs Archive. You can also conduct key word searches using the search bar at the top of the column on the right.

To subscribe to LegalBriefs by email, go to our LegalBriefs Subscription page.

 

Thursday
May312001

Beware of What You Post

As Bill Clinton and Bill Gates have learned, statements made in email and on the Internet do not go away. For litigators that seek money from your business, your written statements may be a treasure trove of evidence that can be used against you.

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Thursday
May172001

You Must Revise Retirement Plans Before IRS Deadline

If your organization has a 401(k) or other qualified retirement plan, you may face horrific penalties if you don't revise your plan documents before upcoming IRS deadlines.

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Wednesday
Mar212001

Good News for Employers!

Today, the United States Supreme Court entered a common sense ruling that is good news for employers that want to resolve employment disputes in a timely, cost-efficient manner by arbitration.

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Tuesday
Jan302001

Prevent Unwanted 900 Number Charges

Are you at risk for charges for calls to 900 and other pay telephone services by employees or visitors to your business?

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Friday
Dec152000

New Hazardous Substance Reporting Requirements

The 1999 Legislature passed House Bill 2431 amending the Oregon Community Right to Know Protection Act. Under the new law, on December 31, 2000, businesses that previously were not required to report will now be required to notify OSFM if at any time in any of your facilities you have a hazardous substance present in one of the quantities listed below.

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Wednesday
Nov292000

Mass Email Warning

Don't make the mistake of sending a mass email announcement that allows each recipient to see the names and addresses of each of the other recipients.

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Tuesday
Nov142000

New OSHA Ergonomic Rule

Yesterday morning, OSHA released the final version of a new ergonomics standard that will effect employers small and large.

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Wednesday
Nov082000

Don't Commit to More Than You Bargained for When Quoting Wages or Salaries

Some courts have held that quoting wages or salary by referring to a fixed term is an implied agreement to hire the employee for that term. For example, stating that a job pays $25,000 a year can be an implied promise to hire the employee for one year.

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Wednesday
Oct182000

Prevent 101 Problems with a Supervisor's Log

Have you ever known you were right but not been able to prove it? Have you ever had little problems with an employee, none of which by themselves amounted to much but taken together were signs of a larger problem? And then not been able to recall the history of those problems when you wanted to take action?

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Tuesday
Sep192000

Employment Law Alert!!!

The National Labor Relations Board (NLRB) ruled that non-union workers have a right to take a co-worker into a meeting when the worker faces disciplinary actions.

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Tuesday
Aug082000

Language to Use When Selling a Used Car

Just yesterday I was asked how to document the sale of a used car to a third person and what words to use to limit the seller's liability.

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Wednesday
Jul192000

Don't Fall Victim to New Employee Problem

Just when you thought you had seen it all, local employers are reporting a new problem, valued employees being lured away so that they can sell a different product or service to the customers they have been calling on for their old employer.

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Thursday
Jul062000

Will Insurance Make You a Target for Lawsuits?

In a recent LegalBrief, I discussed how important it is to make sure you have adequate insurance. Yesterday a client ask whether insurance will make them more of a target to plaintiff’s lawyers. This is a question that may interest other LegalBrief subscribers.

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Friday
Jun162000

Be Honest When Terminating Employees That Do Not Work Out

It is human nature. When delivering bad news, whether during an evaluation, when disciplining an employee that is having problems or when terminating an employee that does not work out, we want to cushion the blow.

If an employee must be terminated, we don’t want to make them feel bad, we just want to deliver the news with as little confrontation as is possible. This way, both the business and the employee can move forward.

It is not uncommon during terminations to give employees a reason that is not the true reason for the termination. It allows the employee to save face and avoid confrontation. It can, however, also subject you to liability for discrimination.

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Tuesday
May232000

Do Not Get Caught Without Adequate Insurance

Two of our clients are currently dealing with the consequences of fatal accidents. One client has adequate insurance for the claims. The other may not have enough to cover the amount demanded.

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Wednesday
May032000

Manage Behavior - Not Attitude

Employers frequently ask us for assistance in dealing with problem employees. Many times, however, the employer has difficulties describing the behavior that causes the problem. Instead, they will describe their perceptions of the employee’s attitude.

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Wednesday
Apr192000

Check Your Business Registry Information

Businesses must register certain information with the state Corporation Division. Business registry problems from failing to register or renew can range from merely embarrassing to loss of the right to use your business name.

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Tuesday
Apr042000

Solve Your Absenteeism Problems

On-time attendance is a problem for every business at one time or another. For some businesses it is an occasional problem, for others it is a constant struggle. LegalBriefs subscriber and long time friend, Mike Newman emailed the following suggestion:

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Tuesday
Mar212000

Web Developer Agreement Alert

Some web developers may offer a "bargain" price for developing a web page. But if you read their contract, you will see that they retain all rights in your web page. They own the design elements, they own the HTML code and they own the scripts. If you want changes to your web page, you must go back to them. Typically, you must also pay them each month to host your web page on their server. If you want someone else to work on your web page or if you want to move your web site to another server, you cannot use the web site you paid them to develop for you. You must start over from scratch.

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Wednesday
Mar152000

10 Problems You Can Prevent With An Effective Employee Handbook

Prevent unlawful termination claims from employees that do not work out.

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