How To Change An Existing Employment Contract

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If you want to change an employee’s terms and conditions of employment, you will need to get their agreement first. Otherwise, the employee may be entitled to sue for breach of contract, or resign and claim constructive dismissal. You must tell the employee in writing about any changes no later than one month after you have made the change. Do changes have to be in writing? Agreed changes don’t necessarily have to be in writing. However if they alter the terms in your ‘written statement of employment particulars’,

your employer must give you another written statement showing what has changed within a month of the change. Employee Enforcement of the Right Employees have certain rights. These rights are enforceable by law: The right of fair treatment regardless of age, race, religion, gender, disabilities, or sexual preferences The right to equal treatment, also with regard to wages The right no be dismissed without proper cause and the correct procedures The right not to get fired for giving birth to a child Employees also have the right to a proper written notice time for termination of their work agreement in relation to the period employed Employees have the right for compensation when they are retrenched Safe workplace Terminating the Employment ContractBoth employer and employee can terminate the employment contract according to the terms contained within it. Either side can make a complaint against the other.

Breach-of-Contract Claims Both employers and employees can be in breach of a contract of employment. A breach of contract happens when either employee or your employer breaks one of the terms. If an employee continues to work under these changes without objecting, they may be regarded as having accepted the changes. Not all the terms of a contract are written down. A breach may be of a verbally agreed term, a written term, or an ‘implied’ term of a contract. Employer would normally use a county court for a breach of contract claim. The only way an employer would be able to make an application to an Employment Tribunal is in response to a breach of contract claim that an employee has made. The most common breaches of contract by an employee are when they quit without giving (or working) proper notice, or when they go to work for a competitor when their contract doesn’t allow it. Our Employment Law DocumentsAvailable documents include employment contract templates, as well as a director contract template and a range of employment policies. Our documents are designed for use in England and Wales. Our Contract of Employment Template is easy to customize to your business’ requirements.

They provide comprehensive legal protection, whilst avoiding excessive legal jargon. They have been designed with ease-of-use in mind. To this end, they include guidance notes. They are excellent value and available for immediate download. All the templates have been drafted by a team of Solicitors and Barristers who are expert in the field of employment.

If you want to change an employee’s terms and conditions of employment, you will need to get their agreement first. Otherwise, the employee may be entitled to sue for breach of contract, or resign and claim constructive dismissal. You must tell the employee in writing about any changes no later than one month after you have made the change. Do changes have to be in writing? Agreed changes don’t necessarily have to be in writing. However if they alter the terms in your ‘written statement of employment particulars’,

your employer must give you another written statement showing what has changed within a month of the change. Employee Enforcement of the Right Employees have certain rights. These rights are enforceable by law: The right of fair treatment regardless of age, race, religion, gender, disabilities, or sexual preferences The right to equal treatment, also with regard to wages The right no be dismissed without proper cause and the correct procedures The right not to get fired for giving birth to a child Employees also have the right to a proper written notice time for termination of their work agreement in relation to the period employed Employees have the right for compensation when they are retrenched Safe workplace Terminating the Employment ContractBoth employer and employee can terminate the employment contract according to the terms contained within it. Either side can make a complaint against the other.

Breach-of-Contract Claims Both employers and employees can be in breach of a contract of employment. A breach of contract happens when either employee or your employer breaks one of the terms. If an employee continues to work under these changes without objecting, they may be regarded as having accepted the changes. Not all the terms of a contract are written down. A breach may be of a verbally agreed term, a written term, or an ‘implied’ term of a contract. Employer would normally use a county court for a breach of contract claim. The only way an employer would be able to make an application to an Employment Tribunal is in response to a breach of contract claim that an employee has made. The most common breaches of contract by an employee are when they quit without giving (or working) proper notice, or when they go to work for a competitor when their contract doesn’t allow it. Our Employment Law DocumentsAvailable documents include employment contract templates, as well as a director contract template and a range of employment policies. Our documents are designed for use in England and Wales. Our Contract of Employment Template is easy to customize to your business’ requirements.

They provide comprehensive legal protection, whilst avoiding excessive legal jargon. They have been designed with ease-of-use in mind. To this end, they include guidance notes. They are excellent value and available for immediate download. All the templates have been drafted by a team of Solicitors and Barristers who are expert in the field of employment.

what’s In A Name – Just Your Business Survival!

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What’s so important about how I sign my name?”

I get asked that question all of the time from my business consulting clients.

I tell them that a better question to ask me is this:

“Who cares about how I sign my name?”

The answer is a simple one.

NOBODY.

FINE PRINT: Except… your customers and clients, your creditors, your bank, your mortgage company, your landlord, the I.R.S… oh yes… and anyone else that wants to SUE YOU (and don’t forget ALL their lawyers!).

As in many areas of the law, the exception to the rule swallows up the rule!

What do I mean by this?

Well, let’s start with some basics. For instance, if you’ve already formed a corporation or limited liability company (LLC), you may think that you’re already protected from personal liability in the event of a lawsuit against your business.

In general, the rule is that a corporation or LLC, if formed correctly, and if all of the formalities required under the law of the State where the entity was formed are followed, does protect you from personal liability for business debts and lawsuits.

FINE PRINT: Except… when you choose to do business as an individual, and not as the corporation or LLC that you initially formed.

You see, whenever you sign documents like contracts, purchase orders, contractual agreements, leases, loans, mortgages, promissory notes, and most other legal documents involving your business, you need to make sure that you sign your name only in your business capacity.

You MUST avoid signing your name in your individual capacity.

And how do you do that? It’s pretty simple. You see, the format that you use to sign your name is the controlling factor.

In many cases, you as the business owner, sign your name without knowing how to properly sign your name to business documents. In fact, most business owners of corporations and LLC’s still sign legally binding agreements in their individual capacity…and not as the business.

SIGN AS AN AGENT OF YOUR BUSINESS

If you have formed a corporation or an LLC, you must remember to sign all contracts, agreements, invoices, etc… as an agent of the business.

For example… Many business owners haphazardly, or perhaps inadvertently, sign legal documents like the format shown in

EXAMPLE 1 below:

EXAMPLE 1

(signature)
————————
John Doe

“But what is the consequence of signing my name like in EXAMPLE 1 above to invoices, agreements, or documents?”

EXAMPLE 1 and the above signature format legally establishes that YOU have signed the contract, invoice, loan, or agreement as an individual.

And not as an agent on behalf of your business.

If you sign your name to agreements in the form depicted in EXAMPLE 1 above, YOU could very well be liable personally to meet all of the terms of the agreement.

And you likely don’t want to do this!

Why Simply out, because you’re therefore subjecting all of your business assets and personal assets as well to the risk of a lawsuit.

If you sign agreements as depicted in EXAMPLE 1 above, YOU will very likely be named personally, as well as your business, in any lawsuit filed against the business.

Remember then:

Signing your name like in EXAMPLE 1 above DOES NOT establish that you have signed the agreement as an agent on behalf of your business.

“Okay. So how should I sign my name to my invoices, contracts, leases, loans, or any other business agreements?

What simple step can I take to protect my business, and my personal assets as well?

SIGN DOCUMENTS ONLY AS AN AGENT OF YOUR BUSINESS

Make sure that you only sign legal documents, letters, memos, invoices, loans, leases, etc… as an agent of your business.

How must I sign my name to any legal document or agreement to show that I am signing only as an agent of my business?

Follow EXAMPLE 2 below:

EXAMPLE 2

ABC CORPORATION, INC.

(signature)
———————————–
BY: John Doe
President (Company Title)

If you sign your name on the dotted line following the exact format depicted in Example 2 above, you legally establish that you are only signing as an agent on behalf of the business…and not in your individual capacity.

But you MUST follow the Example 2 precisely.

CAVEAT: Another very important point on this topic.

AVOID SIGNING documents that state “PERSONAL GUARANTY” on them.

A Personal Guaranty is usually a separate legal document attached to the main agreement. You generally see a Personal Guaranty in a loan, mortgage, or lease. However, sometimes a Personal Guaranty can be established just by the way you sign the legal document, invoice, lease, or agreement.

How?

Simple. If the agreement merely has a signature line that has your individual name on it without any reference to your business name, you are signing the document as a Personal Guaranty. You are therefore personally liable for that agreement if you sign the agreement with such a signature line.

But, what do I do if I am being required to sign a Personal Guaranty, like for a business loan or commercial lease for example?

If a Personal Guaranty is required, you or your lawyer should negotiate a limited period of time (the shortest possible) that the Personal Guaranty will bind you as an individual.

Remember, if you formed a corporation or LLC in the first place, you did it to avoid personal liability and to protect your personal assets. Anyone who does business with your company should, and usually does, know this. So, be careful. Other possibilities can be negotiated too. Just do your best not to sign in your personal capacity by signing a Personal Guaranty.

It’s important to remember to only sign legal documents, invoices, and even letters as an agent of your business. (Follow the format found in EXAMPLE 2 above).

How else can I make sure that I am signing my name properly to all of my business documents?

Call your attorney to review all of your agreements, invoices, leases, and legal documents BEFORE you sign them. Your attorney will offer sound advice that protects YOU, your loved ones, and your business.

Now, let’s review.

What’s in a name?

Well… besides your business…

…it could be all of YOUR personal and family assets!

The best advicve especially in the midst of tough economic times or a Recession, is to have any document you sign first reviewed by your lawyer or business consultant.

Copyright (c) 2008. Miguel Mendez, Jr. All rights reserved.

GM Sued Under Lemon Law

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While Toyota is definitely taking the brunt of recalls lately, other vehicle manufacturers have troubles of their own: GM is currently being sued over a 2009 Chevrolet. The owner of the Chevrolet claims he experienced repeated problems that caused him to fear for his safety.

This is not the first time GM has been sued for safety issues – in 2009 a wrongful death suit was filed against them for defective seat belts. 2009 also saw a recall of almost 1.5 million mid- and full-size Buick, Chevrolet, Oldsmobile and Pontiac vehicles because of an engine oil leak problem that could pose a fire risk.

This kind of defect in a vehicle is precisely what the lemon law is about. It protects consumers from the harm or loss caused by purchasing a defective vehicle. Who has what rights and what duties in lemon law matters? It seems clear. The consumer has the duty to present the vehicle to the manufacturer or its representative, the dealership, in order that they are able to diagnose the defect and repair it. Along with the duty, the consumer has a right to expect the dealership to repair the vehicle honestly and expeditiously.

What are the rights of the manufacturer? Simply put, they have the right to expect that the consumer will present their defective vehicle at an authorized dealer for repair in a timely manner, and that the consumer properly maintain the vehicle. The manufacturer should have no other expectation. They should not expect a consumer to perfectly describe the defect they are experiencing or any other limiting requirement.

Of the thousands of lemon law clients we have spoken with, it is extremely rare that a manufacturer makes a legitimate offer to buy back or replace a defective vehicle. In each of these cases no hint of awareness of their affirmative duty was present.

Not all manufacturers or dealerships are the same. Some, certainly not enough, really do have the consumers best interests at heart.

If however you find yourself with a defective vehicle and a manufacturer who is not ready to step up and replace or refund as they should, find yourself an experienced lemon law attorney. Do your homework. Look at their record. See what others who have used their services have to say.

Be certain they offer you a free case evaluation without delay. Never be afraid to ask hard questions. Its important and it can determine the outcome of your lemon law case.

About Norman Taylor & Associates

Norman Taylor & Associates has been assisting consumers since 1987. Our goal is to provide individuals who have the misfortune of purchasing a defective vehicle or goods, and who have recourse under the Lemon Law, with the highest quality legal representation. With a twenty-three year history of successful cases, Norman Taylor & Associates has established its reputation as a firm of consumer advocates that gets the job done. We represent California residents of Los Angeles, Orange, Riverside, San Bernardino, Ventura and Santa Barbara counties.

Do Operators Run The Stock Market

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There is a general belief among most investors that markets are controlled by operators and it is no place for small investors. It is believed that the operators enriched themselves at the cost of small investors. Two scams of 1992 and 2002 had certain operators at the center of the storm. There were other star players in the market also in the past that had a big role to play in the market movements. Let us examine the validity of the statement that Stock Markets are run by operators.

An operator is a person who is supposed to drive the market price of a particular share that is he decides what should be the pricing of the share and whether it should go up or down. It is also believed that operators in association with the management of the company first acquire certain stocks in the market and subsequently through rumors and such other communication mechanism create a mass interest in the share. Subsequently once the general public starts believing in the companys prosperity the operators sells the shares and makes handsome profits. Some operators also use circuit mechanism of stock exchanges to hike the price. The circuit mechanism allows the operator to put an order at a price which is 3 to 8% above the previous days closing. Once the share hits upper circuit there are very few sellers in the market since they believe that if the share has hit upper circuit it is likely to go up further. This is the modus operandi of an operator. For an operator to be successful some factors are very
important. Such as connivance with the management, low capital base of the company so that manipulation can be done with very little capital and a mass following.

Is manipulation possible in high volume shares? Let us now look at the trading statistics reported by stock exchanges (data of a particular date). Top 30 scripts i.e. 10 in each group, account for 41% of turnover in NSE and 37% of the turnover in BSE. Both the Exchanges put together this translates in to a value of about 4100 crores on a daily basis. As per the market share reported of brokers by NSE (NSE Bulletin) top 10 trading members account for just 24% of the market share i.e. on an average each broker would have about 2.4% of the market across all company shares traded by the company. Hence, the dominance that a single broker can have on the volumes in the market is minimal in highly traded scrips.

Then we move to low value high volume traded scrips. As per the data is provided by newspapers separately on Quotations page, the aggregate value of shares traded in this category on a particular date was studied. The turnover for BSE in such scrips was Rs.34,03,470 i.e. .01% of total turnover and for NSE is Rs.20,28,050 i.e. 0.003% and in terms of number of shares traded it is 1.5 % in case of BSE and in case of NSE 0.45%. This is one area where low funds can help to move the prices and give a false sense of liquidity. Hence investors are advised to refrain from investing in scrip just because it is low value; the merit of the share should be looked into before making the investments.

The Stock exchanges have a system of guiding the investors on stock selection by way of classifying the companies into various groups. A group stocks are highly liquid and good performing companies. B1 group are again good performing companies with lesser liquidity then A group stocks. B2 are stocks that have low capital bases and less liquid. Companies that do not adhere to Listing agreement are categorized as Z group. These companies do not attend to investor complaints and fail to file various investor related information with the stock exchange such as quarterly working, book closure dates etc. Shares which have concentrated activity and unusual price movements are categorized in T 2 T or trade for trade settlement, ie every sale and purchase must result in delivery and positions cannot be squared off during the day. This classification should be kept in mind while selecting a company for investment. Stock exchanges also verify the news items appearing in leading

newspapers and get companies to clarify on rumours. This information is also of vital importance since operators and company managements at times plant false stories in newspaper to mislead the public.

Special laws have been put in place to act as deterrent to such manipulation. The Insider Trading Regulations and Fraudulent and Unfair Trade Practices regulations are the tools available to SEBI to taken action against those manipulating the markets. The punishment is maximum penalty of Rs. 25 crores and imprisonment. Both these laws have been enacted in early 2000. Hence their effectiveness will be proved only with efflux of time. Till the enactment of these laws the prosecution of persons indulging in market manipulation had to be tried under the general legal system, the delays in the same are not unknown to us.

We always blame the regulators, brokers and exchanges if scams happen in markets. However the menace of operators will go only if we stop following their leads in the market. Tips given by operators are widely followed, and so long as you make money on these tips we do not blame anyone. However once the operator weakens then there is fall in prices and the blame game starts. Operators are creations of society and the greed inherent in all of us. Easy money by riding the operators tips is a strong attraction. Scams bring down the prices of not only the shares which were manipulated by the operators but also all other fundamentally good shares also held by us. Mass following that the operators thrives on would be absent if we refrain from buying those shares that are remotely associated with any operator. Reporting wrongful activities of company managements, dabba traders and other market participants will help the regulator in directing their efforts on the wrong doers. Remember, being a spectator to a wrongdoing and not reporting the same is as bad as committing the crime.

Good Personal Injury Information Is Right Here

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In civil law, personal injury is an important topic. The outcome of lawsuits depends on the attorney that is presenting them. A lawyer that’s bad won’t do that well, but getting one that does the job isn’t that easy. Some useful tips for picking a good one are below.

Personal Injury Lawyer

When choosing a personal injury lawyer, pay special attention to the size of their firm. Generally, larger firms mean that more than one lawyer may work on your case. These are usually Associate Attorneys who are trying to gain some legal experience, while having a senior attorney oversee and make the final decisions. Smaller firms can usually provide better management by having fewer people working on a case. Feel free to ask if other attorneys will be working on your case in any firm you’re interested in.

Although personal injury lawyers advertise in the yellow pages, the better way to find a good lawyer is through word of mouth. If you don’t know anyone who has used a personal injury lawyer, check with the local bar association. They may be able to point you in the right direction.

Would you get married after your first date? If not, why would you choose the first personal injury lawyer you find in the Yellow Pages? Instead, check out all options in your town and choose the person with the best reputation for winning cases when it comes to personal injury law.

Make sure the lawyer you choose has good experience with personal injury cases. Do not judge the lawyer by how many times he settled, but by what he was able to do for his clients. A personal injury lawyer may have many “successful” cases where he settled for less then he should have.

You may have to hire a personal injury lawyer if you are involved in an accident. If you do, make sure you consult with professional organizations in the area to ensure that the lawyer is qualified to represent you. These organizations will also know if there have been any ethical or legal troubles associated with the firm you are considering.

You can concentrate on your recovery when you trust your attorney to properly represent your interests and protect your rights. Use the tips and tricks mentioned to help you find the perfect lawyer for your situation. When you have finally decided on an attorney, it is time to get the compensation that is owed to you.