Blish & Cavanagh, LLPBlish & Cavanagh, LLP2024-03-25T14:35:56Zhttps://www.blishcavlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1302700/2022/04/cropped-BlishCavanagh-site-icon-32x32.pngOn Behalf of Blish & Cavanagh, LLPhttps://www.blishcavlaw.com/?p=2560152024-03-25T14:35:56Z2024-03-25T14:35:56ZThe law regulates severance but does not require it
Rhode Island does have statutes regarding how to handle severance packages, including benefits rules and tax withholding requirements for severance pay provided to a worker after their termination. However, the law does not impose an obligation to provide severance pay to all workers at the time of their termination. Companies may choose to offer severance packages in certain cases, such as when the worker previously negotiated a severance pay clause as part of their contract.
An employee's eligibility for severance pay depends on company policies, the terms of their employment contract and the circumstances leading to their termination. If someone's contract already includes a requirement for severance pay, employers may have to abide by that arrangement. Of course, many contracts that require severance packages also include clauses that can eliminate that obligation in some scenarios, such as termination for cause.
Some organizations may find that severance packages provide important leverage when a worker exits the company. The employer can request certain concessions, such as a worker signing a non-disclosure agreement, in exchange for their severance pay. Companies often have to address severance requests on a case-by-case basis.
Understanding Rhode Island's rules about key employment law issues may help employers make more informed decisions. Managers and executives may need to review contracts carefully when preparing to terminate a worker to prevent legal issues and potential litigation.]]>On Behalf of Blish & Cavanagh, LLPhttps://www.blishcavlaw.com/?p=2560132024-02-22T19:14:51Z2024-02-22T19:14:51ZWhen should we hire outside counsel? Two common triggers
The decision to hire outside counsel should be strategic, with consideration given to the specific circumstances of the employment dispute. Examples can include:
Resource constraints: If the in-house team lacks the necessary bandwidth or experience to effectively manage the dispute. It is also important to take into account the potential impact of the dispute on the company's operations and reputation as well as the financial implications, including the cost of outside counsel versus the potential liabilities at stake.
Outside counsel often has experience in employment law, providing insights that can be crucial for complex cases. External lawyers can also offer a fresh, unbiased perspective on the dispute, helping to identify potential weaknesses in the company's position.
Leveraging outside counsel in employment law disputes can be a strategic move for in-house legal teams. It can provide specialized skills, reduce internal pressures, and improve the chances of a favorable outcome.
In-house counsel plays a pivotal role in managing employment law issues, but there are times when the complexity or scale of a dispute necessitates the use of outside counsel experienced with a niche area of the law. By identifying the triggers and understanding the benefits, in-house legal teams can make informed decisions about when to enlist additional support, ultimately protecting their organizations and better ensuring adherence to employment laws.]]>On Behalf of Blish & Cavanagh, LLPhttps://www.blishcavlaw.com/?p=2560122024-02-05T22:17:12Z2024-02-05T22:17:12ZWho can file a will contest in Rhode Island?
The right to contest a will isn’t open to everyone but to those with a vested interest in the outcome of the estate, known as interested parties. These typically include beneficiaries named in the will, heirs who would stand to inherit if the will is deemed invalid and sometimes creditors of the estate.
Valid reasons for a will contest
The grounds for contesting a will in Rhode Island are specific and legally defined. They include:
Undue influence: When it's believed the decedent was coerced into making decisions that didn’t reflect their true desires
Lack of testamentary capacity: Suggesting the decedent didn’t fully understand the nature of the document they were signing or the extent of their assets
Improper execution: Indicating the will doesn’t meet Rhode Island's legal formalities
Fraud: When the decedent was misled about the nature or contents of the document
Each reason provides a basis to question the will's legitimacy, aiming to protect the deceased's true intentions.
The importance of evidence
The challenger must provide compelling evidence supporting their claim to contest a will successfully. This might include testimony from witnesses present at the signing of the will, medical records proving the decedent's incapacity or documents demonstrating fraud or undue influence.
The quality and persuasiveness of the evidence in a particular case are critical to the outcome of the contest because the burden of proof lies with the person challenging the will. As such, working with someone who can explain the legal options and possibilities is beneficial in these cases, regardless of which side of the contest a person is on.]]>On Behalf of Blish & Cavanagh, LLPhttps://www.blishcavlaw.com/?p=2560112024-01-09T15:07:46Z2024-01-09T15:07:46ZAt-will employment laws are a perfect example of regulations that benefit both parties in an employment arrangement. The worker has the right to leave their job at any point without notice. They do not have to worry about facing a lawsuit or other legal repercussions for leaving a job even if the employer wants them to stay.
Employers also have the right to terminate workers at any point with or without notice. At-will employment laws permit companies to terminate employment arrangements for any legal reason or no reason whatsoever. However, it may still be possible for workers to pursue wrongful termination lawsuits even in at-will employment states like Rhode Island.
What constitutes wrongful termination?
In an at-will employment state, only certain scenarios might constitute wrongful termination. Generally, the company would need to violate state or federal laws for the worker to take legal action against the business. Most wrongful termination lawsuits allege discrimination or possibly retaliation.
It is illegal for companies to discriminate against workers from certain backgrounds or with certain personal characteristics when deciding who to retain and who to fire. If a company references someone's religion, race or age when firing them, that might give a worker grounds to take legal action against the company. So could a mass layoff or large-scale termination that disproportionately affects workers who share certain protected characteristics.
Other times, workers may claim that a company's choice to terminate them was retaliatory. The law protects workers who try to unionize with their coworkers, request accommodations for medical conditions or report workplace harassment. If an employer takes punitive actions against someone who engaged in protected workplace activities, those workers could claim that the company illegally retaliated against them and may have grounds for a wrongful termination lawsuit.
Documentation protects employers
The most effective means of preventing a wrongful termination lawsuit is to carefully document what led to the decision to fire a specific worker. A history of progressive discipline efforts might show that a worker has repeatedly broken the rules or failed to meet certain performance metrics.
Internal documents establishing how the company decided which workers to include in a layoff could also help defuse claims that the company considered inappropriate personal characteristics when making those decisions. Clear standards in worker contracts and communication with employees can reduce the likelihood of frustrated and shocked workers trying to sue after they lose their jobs unexpectedly.
Understanding the implications of Rhode Island's at-will employment law may help businesses reduce the likelihood of a worker-initiated lawsuit.]]>On Behalf of Blish & Cavanagh, LLPhttps://www.blishcavlaw.com/?p=2560102023-12-05T16:38:29Z2023-12-05T16:38:29Zemployment contract or reviewing your current approach to contract construction.
They must have a complete job description
One of the hallmarks of a solid employment contract is that it clearly outlines the job the person will do. This includes stating the job duties and responsibilities for which the person is being paid. You can include performance standards and hours as part of the employment contract. The duration of the contract, if there’s an end date, should also be stated.
They need to have feature a clear pay structure
The pay structure, including base pay, bonuses and anything else pay-related, must be detailed in the employment contract. It should state if the employee is paid hourly or salaried. Pay frequency and other critical pay-related terms should be relayed so both sides can refer to it if there are any questions.
They should include all benefits information
Any other benefits the employee is due, such as profit sharing, health care, life insurance, disability insurance, retirement plans, or fringe benefits, should be written out. It’s best to note whether the employee or employer is responsible for the cost. The cost may be shared in some cases, such as insurance, so the formula or method should be noted.
They can feature other terms
The employment contract may have other terms, such as a nondisclosure or noncompete agreement. Any employment terms unrelated to pay or benefits should be included.
They may or may not contain severance information
The employment contract should include severance information if a severance package may come into the picture later. It’s best to spell this out in the employment contract so both sides know what’s due if necessary.
Creating an employment contract requires a working knowledge of applicable laws. Having someone on your side who can assist you with crafting a base contract and ensuring the terms are appropriate for each contract is beneficial because it can help to protect your business in a myriad of ways.]]>On Behalf of Blish & Cavanagh, LLPhttps://www.blishcavlaw.com/?p=2559982023-11-03T00:33:16Z2023-11-03T00:33:16ZThrough social media posts and videos
Videos of customers and clients complaining about unpleasant experiences frequently go viral. People share them widely, leading to a massive influx of people calling the company to complain about what they saw online. The original poster may encourage others to spread the story as far as possible. People making such videos often tend to use hyperbole and exaggeration, but it is very difficult to convince people that an angry video from a customer or client is false if it has a grain of truth at its center. Particularly when people exaggerate or fabricate negative experiences, the videos, photos and stories they share on social media can potentially constitute defamation and may do real damage to an organization.
Through online reviews
Some social media platforms give customers an opportunity to review a business they have patronized. There are even certain websites whose sole purpose is collecting customer reviews. Some people use these platforms to defame businesses, and such cases can result in litigation. One person's story can drag down a company's average on a review site or social media platform. Sometimes, angry consumers will go so far as to encourage everyone they know to leave negative reviews or to create multiple false accounts to make a business's online reputation tank.
It can be very difficult to combat digital defamation, and as a result, many organizations have had to re-brand or close down because of the actions of one dissatisfied person. Understanding how digital defamation may quickly spiral out of control can help business owners and managers better handle cases in which people use the internet as a way to share their complaints about any particular company. Seeking legal guidance, when necessary, can be vey helpful too.]]>On Behalf of Blish & Cavanagh, LLPhttps://www.blishcavlaw.com/?p=2559942023-09-30T02:34:11Z2023-09-30T02:34:11Zrevocable and an irrevocable trust. Both are characterized by unique features, benefits and drawbacks.
The basics of a revocable trust
A revocable trust, also known as a living trust, is a legal entity that holds assets for the benefit of designated individuals, commonly referred to as beneficiaries. The person who creates the trust, the grantor, maintains complete control over the assets and can change the trust's terms, including adding or removing assets, changing beneficiaries or dissolving the trust entirely. This level of control makes revocable trusts a popular choice for those who value flexibility in their estate planning.
What you need to know about irrevocable trusts
In contrast, an irrevocable trust can’t be altered or revoked without the beneficiaries' consent or a court order. Once assets are transferred into this type of trust, they aren’t considered the grantor's property. This loss of control comes with specific benefits, such as protection from creditors and potential tax advantages. Irrevocable trusts are often used to protect significant assets or when particular conditions need to be met for asset distribution.
Why trusts shouldn't be listed in your will
Although a will and a trust can work hand-in-hand in estate planning, they serve different purposes and should remain distinct entities. Listing your trust within your will can cause several issues.
Wills become public record once they go through probate, potentially exposing the details of your trust if the trust is put into the will. Additionally, the information within the will could conflict with the terms of the trust, leading to legal ambiguities and familial disputes. Keeping these documents separate better ensures clarity and privacy.
Ultimately, your estate plan must be customized to meet your needs and reflect your wishes. Seeking legal guidance to help you sort through the possible options for passing assets down may take some stress off you during this process.]]>On Behalf of Blish & Cavanagh, LLPhttps://www.blishcavlaw.com/?p=2559932023-08-26T00:46:02Z2023-08-26T00:46:02ZWhat does the contract say?
Partnership agreements often impose very specific expectations on both partners. From how much they will financially contribute to how much they will receive during a buyout, there can be many important details in that initial agreement that will influence the buyout process. Reviewing the contract before discussing the matter with a partner can help someone avoid mistakes and oversights that can damage their working relationship and undermine their likelihood of a successful buyout offer.
What is the business worth?
To buy someone out successfully, it is typically necessary to make a reasonable offer based on the current value of the organization and its future prospects. Simply looking at the amount currently invested in the company isn't usually adequate for the purpose of establishing its true fair market value. Performing a thorough and accurate business valuation will be an important part of the buyout process.
What support does the remaining partner need?
All too often, people make buyout offers without really reflecting on what their partner provides for the company. They may need help learning to handle certain tasks or may need an introduction to key clients or vendors that have only worked with the partner leaving the organization. Ensuring that one partner will connect the other with the right people and provide them with appropriate training can be an important consideration when negotiating a buyout offer.
Employing a thoughtful approach when proposing a partner buyout may help someone minimize conflict and optimize their chances of success moving forward as a sole proprietor or a sole member of an LLC.]]>On Behalf of Blish & Cavanagh, LLPhttps://www.blishcavlaw.com/?p=2559562023-08-02T05:11:54Z2023-08-02T05:11:54ZAddress conflict resolution
When negotiating an employment contract, many businesses integrate a conflict resolution clause that will help them head off frivolous litigation. Such clauses will require that workers or former employees pursue an amicable means of resolving the conflict before initiating litigation, such as arbitration or mediation.
Clear compensation and severance policies
Many employee lawsuits have to do with unmet wage and benefit expectations. Workers may believe they should have received a bonus or commission that they did not qualify for or receive from the company. They may believe they should receive overtime wages even though technically they are exempt. Sometimes, workers bring claims because they believe that they should have received severance pay when exiting a position at a company. Businesses with very clear written policies in their contracts about exactly what kind of compensation a worker can receive and what severance they may qualify for might be less likely to face wage and compensation-related lawsuits.
Performance and disciplinary standards
Whether a company has a progressive disciplinary system or a quarterly performance review using a specific set of metrics, it is important to have clear rules in an employee contract related to when an employee may face discipline and what consequences they may face. Adhering to those rules internally by documenting poor performance or behavioral issues will reduce the likelihood of workers bringing claims related to wrongful termination or discrimination if they end up losing their job or are unable to qualify for promotion because of their conduct at work.
Contracts negotiated at the beginning of an employment arrangement allow companies to protect against some of the risks that accompany a new hire. Putting together custom contracts after seeking personalized legal guidance is one way to reduce the likelihood of a disappointed employee filing a lawsuit against the business later.]]>On Behalf of Blish & Cavanagh, LLPhttps://www.blishcavlaw.com/?p=2559552023-06-25T00:22:04Z2023-06-25T00:22:04ZAn estate administrator handles the debts left behind
The person who is in charge of navigating debt resolution and asset distribution is the estate administrator. They may also be called the estate executor, in some cases. Regardless of their title, they are the person who has been put in charge of handling the estate in accordance with either an individual’s estate plan or state law. A will may list which assets are supposed to go to which person, for instance, and it is the executor’s job to inventory those assets and then help distribute them.
In terms of debt, the administrator does have to pay back what they can of that debt. But they don’t have to do this personally, using their own money. Instead, they’re able to use the money that is left in the estate. In theory, this means that the heirs do not inherit a loved one’s debt and will not be obligated to pay it off. Unless they are co-signers on a loan or something of this nature, a deceased’s debt does not become theirs. The only loss that they may see is that they will inherit less money than is listed in the will if more of that money is needed to pay off the first. Heirs may feel like they are getting less, but they don’t have to pay personally.
A complex process
That is just one area in which probate can become rather complicated. Those who are involved in this process need to be well aware of the legal options at their disposal. Seeking legal guidance is a good place to start.]]>