As a small businessman, there’s a good chance you already know how important liability is. You don’t want someone slipping on your sidewalk to have the power to take down all of the work you’ve done, and you certainly don’t deserve to be hounded when your company was not truly at fault in certain cases. So let’s build up your defenses against liability and ensure your small business’ continued survival.

Become a Limited Liability Company

One of the quickest and most effective ways to avoid liability is to get protection in the structure of your business. Many people organize their businesses into LLCs for both legal and tax purposes, and there’s a good chance you may want to think about becoming a Limited Liability Company as well.

Being an LLC will not give you immunity from every potential liability out there, but they will separate the business’ liability with your own, thus protecting your private assets against business lawsuits. These LLCs are such an effective way to protect yourself legally that they’re one of the most popular business structures out there.

Business Liability Insurance

While you might be protected with an LLC, there’s no guarantee that your business will. So you’ll have to take out some insurance to ensure the continued survival of your company – often known as business liability insurance. This type of insurance can be a difficult part of the cost of keeping your company afloat, and it might even feel like a luxurious expenditure. But you’ll be glad you have it if disaster should strike. It’s worth the cost and will be a great way to help you feel less stressed about the possibility of your company failing.

Bolster Your Standards

Any manufacturer that produces a lot of potential liability by producing a lot of products knows that having high standards is the key to survival. Valid liability lawsuits simply won’t creep in to your legal expenses if you don’t give anyone a reason to file them. Sure, it’s important that you’re also able to defend yourself from frivolous lawsuits, but that doesn’t mean you shouldn’t do everything in your power to make sure your business is run the right way.

Know Your Rights

Once you’ve met all the possible standards you can think of, it’s important that you are able to then defend yourself from frivolous lawsuits. That comes with knowing your rights. If it helps, be sure to consult with a business lawyer that will help you understand these rights. But the reality is that if you run your business right, you should be able to keep your liabilities separate from the financial heart of your company, thus defending it from failure because of a liability issue.

Workplace lawsuits seek to neutralize these bad situations. While most people would simply prefer that any uncomfortable workplace environment never existed, these lawsuits include the potential to make a bad situation better and to offer you compensation for any damages you’ve suffered.

But before you file any lawsuit, it pays to know whether or not you have a chance of success.

Workplace Lawsuits: the Risks

The risk of filing a lawsuit, of course, is that you put your job and reputation in jeopardy. You don’t want to file a bad lawsuit that gets quickly thrown out and then earn a reputation as someone who’s difficult to work with; it’s not just bad for your job but it’s bad for your career. That’s why it’s necessary to take a few step backs and evaluate your position.

Knowing the risks also means that you need to know two things: what the law states, and how strong your case is. If you know that the laws that govern the workplace have been broken, then that’s a good start. But you’ve also got to be able to prove that these laws have been broken and that you are therefore entitled to damages. It takes all of these elements together in order to make the strongest case possible.

Talking these issues over with a lawyer will be a great advantage – additionally, they’ll be able to temper your enthusiasm with a proper grounding of legal knowledge.

Different Types of Workplace Lawsuits

Many people don’t even know that they have the grounds for a workplace lawsuit because they’re simply unfamiliar with all the types of workplace lawsuits. So let’s try to remember a few of them:

• Bullying
• Sexual harassment
• Discrimination based on age, race, sexual orientation, or gender
• Fraud
• Wrongful termination

And of course, it’s important to remember that any violation of law that happens in the workplace still counts as a violation of the law.

Standing Up For Yourself

The role of lawsuits is not to collect money because other people have more than you; it’s to correct an injustice. While this might seem easy from a philosophical or moral standpoint, the truth is that actually filing a lawsuit can be a scary thing, especially when it comes to the workplace. That’s why it’s important that you stand up for yourself if your rights have been violated in some way – whether you’ve been sexually harassed, defrauded, or discriminated against.

Make sure that your lawsuit meets the criteria described in the first section of this article and you can rest easier knowing that your case is built on a solid foundation.

But don’t give in to despair before you figure out how to navigate this legal road to citizenship. As you’ll find out, there are indeed common obstacles to attaining it, but obstacles are just that – obstacles. They’re made to be overcome. If you want to immigrate to the United States and want to do it the right way, you’re going to have to knock those obstacles out of your way. Here are the ones you need to watch out for.

Time

Perhaps the most obvious obstacle is time.  It’s important to know that even if you do everything correctly, submit all the right forms, and comply with all the U.S. immigration requirements, you’re still going to have to spend a significant amount of time living in the United States without actually being a citizen here. The patience it takes to become a U.S. citizen is considerable, and this is not uncommon in the world today. But it’s important that you recognize time is simply another obstacle that can be overcome if you have the patience to live and work here for a considerable time.

Typically, you’ll have to wait five years in the United States in order to attain your U.S. citizenship – and that’s if you’re doing everything right. But look at it this way: the time will pass anyway. You might as well spend it constructively.

Spousal Issues

If you’re marrying a U.S. citizen, you might think that your path to citizenship is guaranteed. And it can be easier – you may just have to spend three years in the U.S. before you’re granted full citizenship. But you’ll also have to verify that you’re not getting married for the citizenship itself, which can definitely feel like a major obstacle. It may even feel like an invasion of privacy. Just know in advance that this is one of the issues you will have to deal with if you are going to become a United States citizen through marriage.

Children

Having minor children can also represent a potential obstacle for citizenship, and it’s not hard to see why their presence can often complicate the entire process. There are potential benefits to having children in these cases, however, as you’ll be able to demonstrate good character if you have supported and taken care of children in the past.

Overcoming these obstacles won’t be easy – attaining citizenship is clearly not as simple as it once was. But if you are diligent about your desire to become a United States citizen and are eager to make it happen for yourself, there’s a good chance none of these obstacles will truly stand in your way.

Workers’ compensation law, contrary to what you might think, is taken very serious by the courts – defrauding a workers’ compensation system can mean years of jail time and heavy fines. That’s why it pays to know what the law says so that you can always stay within the bounds of workers’ compensation law.

Avoiding Fraud: Priority Number One

Defrauding workers’ compensation insurance is a serious crime, and many people don’t even know that they’re committing it. While they might know it’s not okay to fake an injury to get paid time off and workers’ compensation benefits, they might feel fine with exaggerating the extent of their injuries and essentially “taking a little off the top.” Of course, any exaggeration is also fraud – essentially, if you are well enough to work, then you are not injured enough to collect workers’ compensation benefits.

Whether or not you are defrauding the system is not based on how well you might deserve a break, but instead on whether or not you are receiving benefits as a result of being dishonest. Just because an injury exists does not mean it’s always enough to keep you at home. Fraud is fraud, no matter which way you look at it.

Your Limitations When Receiving Workers’ Compensation

If avoiding fraud is the top issue in dealing with workers’ compensation law from an employee’s perspective, it’s only fair that we elaborate on what you can and cannot do when receiving these benefits. Some people have defrauded the system by collecting workers’ compensation from one company and then working at another company. Is that fair?

Workers’ compensation, of course, is a benefit that is saved for those who truly cannot work – the truly needy. If someone is well enough to work at one job, it could be evidence of fraud taking place. It’s important that all people who receive workers’ compensation also make sure to comply with the requirements set for these benefits.

The Purpose of Workers’ Compensation Laws

Workers’ compensation is a benefit that’s there not so people will feel comfortable with taking unnecessary risks, but to provide relief for people with the legitimate inability to provide for themselves and their families. The laws are written to enforce this standard and to avoid fraud. Even if avoiding fraud is not always possible, it’s important for workers to remember why the laws are there in the first place.

With strict potential penalties incurred when workers’ compensation laws are broken, it’s also important to remember that these laws are typically harshly enforced, though on a state-by-state basis. Check more with your own state’s laws to learn more.

That’s right – there are indeed different types of corporations for you to choose from. And if you want to make the best decision about which type your company will become, you’re going to have to be informed about the different types of corporations. Let’s get you started by taking a quick look at three different types of corporations, and which might be the best solution for you and your business.

LLC – Limited Liability Companies

One of the most popular corporate structures in the United States, the LLC or Limited Liability Company,  is a favorite among smaller organizations like law firms. As the term “limited liability” would suggest, forming such a company means that the owner of this type of company has limited liability which means their assets are more strongly protected from lawsuits. There is also a high degree of flexibility associated with the LLC because all sorts of people and legal entities can own shares in these companies – for example, a corporation may own a share of an LLC, as might an individual.

S-Corporations

S corporations are a fairly standard type of corporation that avoids double taxation by allowing the income and losses of a corporation to pass directly to shareholders, meaning that the income generated through these shares are taxed as personal income. By avoiding a hidden “double tax” for its shareholders, the S corporation is seen as a very ideal model of corporation that keeps the tax structure simple. This has advantages for corporations with a lot of owners or shareholders, which is why many large corporations will embrace the S-Corporation structure.

C-Corporations

A corporation that is taxed separately from its owners, the C corporation is similar to the S corporation but for that one highly-distinguishing fact. Many large corporations (such as “name brands” that you’ve heard of before) are C corporations. These corporations pay taxes as entities in and of themselves, but there are other freedoms that these corporations enjoy such as not having to file financial statements. Distributing assets or money from a C corporation is also simple, and is simply treated as a dividend for tax purposes. Because of this high degree of ownership, C corporations have a lot of business flexibility and considerable financial power.

Making Sense of It All

What type of corporation will your company become? Depending on your goals, you may find it advantageous to pick a certain one. Large corporations will typically not deviate from the C corporation structure, just as smaller organizations will typically not deviate from the flexibility of an LLC.

But let’s back up here and explain what a living trust is all about. Essentially, a living trust is a trust for estate planning that you create while you’re still alive (as opposed to a trust that is created with your money upon your death). When you put money into this trust, you keep it away from the rest of your estate to avoid heavy estate taxes upon your passing, thus protecting money and assets from the tax man while leaving as much property behind as possible for your loved ones to use and enjoy.

Returning to our original theme, a living trust is one of the best ways you can exercise control over your own property. But if you want to get started today, it’s time to learn a little bit more about what exactly a living trust is, and what it can do for you.

Do You Need a Living Trust?

One of the first questions to ask yourself today is whether or not you really need to open a living trust. Some people will use living trusts as ways of taking care for loved ones with special needs – the trust can continue to use the money in that person’s name throughout their life.

But if you don’t have a lot of money or assets to leave behind, you may want to consider what you would do with a living trust. Sometimes it’s more efficient, for example, to simply leave a house behind to a loved one in your last will and testament – and an estate planning lawyer can help you do exactly that.

Ask yourself if you have the resources and needs to set up a living trust, and you’ll be done with your first step on your way to setting up an effective legal entity for your children’s future.

Opening a Living Trust

One of the most efficient ways for you to open a living trust is to have an attorney handle all of the filing for you – but you might be able to download legal forms to help get the ball rolling on your own. If it’s your first living trust, you’ll probably want to consult with a lawyer to make sure that all of the details are handled well.

Estate planning lawyers are particularly effective with living trusts and will be able to give you spot-on advice for opening them. They can also review any of the forms you’ve used on your own to make sure that what you’re doing on paper is exactly what you intended to do. Once all of your paperwork is squared away, the filing can be handled right away, and soon you’ll have a living trust established for the future care of your loved ones. It can be that easy.

So what does that mean to you? It means you’ll want to protect all the intellectual property you create – books, screenplays, music, informational products, and everything else under the intellectual sun.

There’s just one thing: what if your rights get violated? How do you even know when they’re violated, and how can you be sure of the right course of action to take? Here’s a quick guide to intellectual property rights that will tell you exactly what you need to know.

Intellectual Property Fields

First, you need to know that there is a variety of fields and disciplines in which intellectual property can be created. The patent to a better faucet is intellectual property, but so is a screenplay that you sold to Hollywood. Each of these fields might come with their own laws and regulations – for example, a patent’s usefulness will differ from the trademark on an advertising slogan, and vice versa.

So how do you know when your intellectual property rights have been violated? You have to know the laws that govern your specific type of intellectual property. If anyone else uses your intellectual property for monetary gain without your permission, however, then you’ve generally got a case that you can build a lawsuit around.

But try to remember that intellectual property comes in many different forms, which is why it’s important to know just what your patent says, or what your trademark gives you. The better you understand your individual intellectual property, the better you’ll be able to diagnose when someone’s abusing it.

When Profit Is Made Without Your Permission

As we mentioned in the previous section, one of the most important distinctions of intellectual property is that you have the right to make money off of that property – and you alone. Sure, you can authorize other people to profit off of that intellectual property, but that’s with your permission. If anyone else is using your intellectual property to make money for themselves, and you didn’t grant them permission, then you know that your rights are being trampled on.

Building a good lawsuit against the offending parties will mean that you have to prove that your intellectual property exists, which is not a problem if you’ve taken the necessary precautions to do just that. Having your patent documentation or your trademark papers will help you to prove that the intellectual property exists and that the profits your competitors are making really belong to you. Educate yourself about intellectual property and you’ll be able to defend it against all comers.

Of course, with a great benefit often comes great temptation for fraud, and workers’ compensation benefits are no exception. A lot of people attempt to defraud the workers’ compensation insurance system by filing faulty claims, exaggerating their injuries, or by outright lying. Employers who want to protect against high insurance rates need to know what constitutes workers’ compensation fraud so they can root it out at the source. Here’s a guide for doing just that.

Faulty Claims

The first place to look for fraud is finding faulty claims. These outright cases of defrauding the workers’ compensation insurance program usually mean that someone claims they are unable to work because of an injury even when they are. For example, if someone has a leg injury that supposedly prevents them from working, but in reality have full strength and movement in their legs, then you know that they are probably defrauding the system.

Most faulty claims work on this principle: if someone is able to work but is still collecting workers’ compensation benefits, then there’s a good chance their claim is simply a faulty claim. But in some instances, they may be simply “milking” their injury or exaggerating the extent of the problems.

Exaggerations

In these cases, outright fraud can be difficult to prove. But claims that are exaggerated or falsified still constitute workers’ compensation fraud, and can contribute to the overall high costs of providing workers’ compensation insurance to all employees. For those reasons, it’s important that this type of fraud also be rooted out.

Exaggerations might mean that someone did indeed suffer an initial work-related injury. But after that, it’s anybody’s guess about the true extent of the injury. Maybe the injury was minor enough that the employee can still work without any stress on their body. Maybe the injury was difficult at first, but the employee could have easily come back to work much sooner.

Because these exaggerations are based on reality, they can be difficult to sniff out for employers. They might not be as bad as the cases of outright fraud and falsified claims, but they still represent an abuse of the system.

Lying in Writing

In essence, fraud is taking place any time someone collects benefits under faulty pretenses. Though it’s not always to tell when the faulty pretenses exist, it is important that employers try to keep their employees accountable. Any time a lie takes place in writing, or a check is cashed under the pretense of a lie, then fraud has taken place, and fraud is a very serious crime indeed.

If you’re an employee who wants to avoid fraud, all you have to do is be honest with your employers and honest with yourself. You’ll be amazed not only at how much better you feel, but at the peace of mind avoiding fraud can give you.

If we’re going to understand those differences, however, it’s important to point them out explicitly. So here are five major differences in military and civilian law that you might not have been aware of before.

1. The Code.

It all starts at the beginning, and what separates military law from civilian law in most cases is the code that governs each justice system. Yes, both justice systems are part of a national government, but it’s the code of conduct for military officers and soldiers that separates its laws and punishments from the way civilians are treated.

In some respects, the code for military law will generally include less “rights” for military officers faced with charges, but that is only because a person signing up for military service agrees to comply with the military justice code. Otherwise, a military officer would enjoy the other rights civilians would.

2. The Court-Martial.

Civil litigation is in stark contrast to the military’s way of handling specific cases, the court-martial. Essentially, the court-martial refers to a military court. In some respects, this is similar to any other court, and in others, it’s quite different. For one, a court-martial generally tackles the most serious issues, while civilian courts can handle a wide variety of complaints and broken laws.

A soldier facing a court-martial will have avenues to appeal to after a verdict has been reached, however.

3. Judge Advocate General, or JAG Corps.

Law is not handled by civilian lawyers in the military justice system, but instead is often handled by Judge Advocates, themselves members of the military. These advisors do not exist in the civilian justice system, with legal advice being handled by both public and private attorneys. In essence, all Judge Advocate positions are filled by public legal advisors.

4. Appeals.

While both systems of justice have space for appeals, the military appeals process will go up an entirely different chain of command. Civilian appeals will go through appeals courts and all the way up to circuit and federal courts, for example. Military appeals are handled by individual branches of the military and their specific appeals courts – for example, the Army has a Court of Criminal Appeals.

5. Specialized Training for Military Attorneys.

Military attorneys have to be legal attorneys, of course, but they then go through special training in order to be well-suited for handling the military code. This Judge Advocate training can allow them to defend “clients” in court-martials, acting much as civilian attorneys do but in a different capacity and for a different code of justice.

If you have a potential case that is riding on a verbal or written agreement, you need to know more about the legal standing these “contracts” have, and what you may or may not be missing that could really solidify your case.

First, let’s look at the verbal agreement, or verbal contract.

Understanding the Spoken Contract

One of the major misconceptions about a verbal contract is that it is the same thing as an oral contract. But really, even a written contract could be considered a “verbal” contract because, well, it uses words.

An oral contract, on the other hand, is a promise that has been plainly spoken and not written down. When someone makes a promise about what they’re going to do and then does not do it, it could be considered a breach of their oral contract.

Generally, you’ll want to defer to your local state’s laws regarding oral contracts to understand how ironclad they can be by force of law. But if you have proof of an oral contract, you might have legal grounding to pursue litigation once a promise has been broken.

Written Contracts

In contrast to oral contracts, the written contract is a contract that not only has a promise made on it, but also serves as its own proof that the promise was made. For this reason, written contracts could be considered more “ironclad” than oral contracts, even though in many cases the two contracts can have the same force of law behind them.

The beauty of the written contract is that it serves the dual role of both the promise and the proof of the promise, which is why so many people are eager to get every major decision put into writing. It’s not enough, for example, for many employers to simply tell you that you’ve been hired; they like to put it into writing.

The Differences: Should You Worry?

In general, it’s better to pursue a written contract because of the reasons we just mentioned. But if all you have to go on is an oral contract, you might still be able to pursue effective litigation because of the broken promise that was made to you.

What’s important, however, is that you understand that it’s important to have some sort of proof that this oral contract took place. If it comes down to one person’s word against another’s, it can be difficult to find the justice you really deserve.

The more you know about contracts, the better able you’ll be to fight off any potential future problems. Yes, both oral and written contracts can carry the force of law. But are you sure you’ll be able to prove the contracts exist?