When Insurance Companies Don’t Act in Their Clients’ Best Interests

Insurance companies and policyholders agree to a number of terms in an insurance contract. For example, a company might agree to insure a business’s manufacturing plant in the event of a disaster such as a flood, in exchange for the corporation paying monthly premiums to the insurance company.

What’s more, every insurance policy in California is deemed by law to contain an “implied covenant of good faith and fair dealing.” This means the insurance company is supposed to treat policyholders fairly. Unfortunately, this does not always happen.

Tips for Dissolving a Business Partnership

Just as forming a business partnership under California law requires completion of certain tasks, ending a partnership is also a process. General partnerships, where there is no specific end date, must be dissolved using three basic steps. These steps apply when partners voluntarily agree to dissolve the partnership. Where partners cannot agree, legal action is typically the best way to resolve disputes over the dissolution process.

Are Management and Employee Training Programs Important?

When was the last time your company offered management and/or employee training programs? It’s well known that these informative programs have both practical and legal significance for your business. When run correctly, these programs are vital, as they should be specific to addressing the needs of your business and its organizational mission.
The Practical Importance of Training Programs

Updates to “Joint Employer” Legislation?

Generally speaking, joint employment, or co-employment, is the sharing of control and supervision of an employee’s activity among two or more business entities. A benefit of the increasingly popular employment practice is the ease with which joint employers are often able to hire experts in niche industries, individuals with specialist skills, and/or even replace their regular workforce. Currently, however, no single legal definition of joint employment exists and Congress is out to change that.

Non-Competes in California – A Non-Starter?

Are non-compete agreements truly a thing of the past in California? It seems that the California Supreme Court would like employers to think so. After all, in 2008 the Court brought down the hammer on these covenants not to compete (a clause under which one party (usually an employee) agrees not to enter into or start a similar profession or trade in competition against another party (usually the employer)), holding that California Business Code §16600 prohibits all restraints on trade, including non-solicitation provisions (Edwards v. Arthur Anderson, 44 Cal. 4th 937(2008)).

EEOC Focuses on Age Discrimination

With the 50th anniversary of the enactment of the Age Discrimination in Employment Act (ADEA) on the horizon, the Equal Employment Opportunity Commission (EEOC) is focusing on the issue of age discrimination in the workplace. Age discrimination involves treating an applicant or employee less favorably because of his or her age and the ADEA “forbids age discrimination against people who are age 40 or older. It does not protect workers under the age of 40”. Side note: It is not unlawful for an employer or other covered entity to favor an older worker over a younger one, even if both workers are age 40 or older.