The business judgment rule
I’m a director of a corporation and I’m concerned about making a bad business decision on behalf of the company. Can I be held personally liable for a poor business deal? Directors of corporations owe a duty to exercise good business judgment, using the care an ordinary person would use under the same circumstances. If […]
Read MoreStorage in the cloud
I love the idea of keeping all of my documents in “the cloud.” What are the potential dangers of cloud storage for my business? When most people think of clouds, they think cumulus, stratus or maybe cirrus. Modern business owners know that cloud services are Internet tools that allow users to create, edit and store […]
Read MoreWho owns my website?
I’m having a new website developed for my business. What do I need to know before I sign a contract? These days, every business needs a website. But if you have someone develop your business’s website, do you own it — or do they? Traditional property concepts might lead business owners to think they own […]
Read MoreSlip, trip, broke a hip?
If a customer is hurt at my business, can they sue me? What if the accident has nothing to do with me, my business, or my employees? People get injured at businesses frequently, for many different reasons. Sometimes the business is responsible for the injury, and sometimes it’s the customer’s fault. Business owners aren’t always […]
Read MoreReimbursable Expenses
As an employer, do I have to reimburse my employees for all of their expenses? Can I have my employees sign something that says I don’t have to reimburse them? California law requires employers to reimburse their employees for necessary expenses incurred in the course and scope of their employment. These expenses may include equipment, […]
Read MoreDetecting workers’ compensation fraud
I’m concerned about my employees potentially abusing our workers’ compensation insurance. What should I look out for? Workers’ compensation is an employee insurance benefit that covers workplace injuries. Employers are required to carry workers’ compensation coverage for their employees. Unfortunately, of the $10 billion in workers’ compensation claims filed in California annually, up to 30 […]
Read MoreLove at work
I have two employees who have clearly started a romantic relationship. I’m concerned about what will happen if the relationship sours, and I don’t support my employees flirting. What is the difference between innocent flirting and harassment? This can be a difficult area for employers, as sexual harassment liability can mean the end of a […]
Read MoreYou break it, you bought it?
I have an employee who is constantly breaking things and routinely arrives late. Can I deduct the cost of the products from his wages? Can I deduct anything for being tardy? You can’t typically deduct wages when employees break merchandise, but it depends on how the products are being broken. If an employee accidentally breaks […]
Read MoreRecording Conversations
My business has been increasingly relying on phone-based customer service. Can I record my employees’ conversations to ensure they’re doing a good job? Businesses record communications for many different reasons, including keeping tabs on employees and for quality control. Occasionally, a party to a conversation records it to prove that someone else is lying. There […]
Read MoreMany happy returns?
I didn’t get what I wanted for the holidays. Are stores required to accept my return? What if the store doesn’t have a return or exchange policy? Most retailers offer refunds, store credit or exchanges when a consumer wants to return an item. However, California law does not require retailers to offer refunds or exchanges, […]
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