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Tips for an unpleasant part of your job: Firing an employee

After spending a significant amount of time vetting potential employees, you probably felt as though you found the perfect fit. The applicant more than likely looked good on paper and interviewed well.

However, as time went by, you may have noticed that the person you thought would fit seamlessly into your company may not be the right fit. His or her performance may not meet your expectations. You now face the difficult choice to terminate that employee. First, you want to do it in a way that isn't confrontational, but you also know that you need to do what you can to avoid legal repercussions.

Consider these issues before allowing telecommuting

The internet has transformed the way that people work. In many jobs, it's not really necessary to have an employee tied to the office.

But is offering "telecommuting" a good idea for your business?

Business owner misused money from profit-sharing fund

The trustee for a profit-sharing fund is suing a California business owner over almost $300,000 that the trustee claims was improperly taken to fund a personal purchase.

The husband-and-wife owners of a pizza franchise also held shares in Delight Foods, the parent company of the profit-sharing plan. The husband was also the company's chief executive officer (CEO) until early 2018. At that point, the defendants' illicit withdrawals from the funds were uncovered.

What defenses do you have to employer liability?

"Respondeat superior" is one of the terms that employers hate to hear -- because it generally means liability issues. Employers are quite often liable for the damages caused by their negligent employees.

Fortunately, in a hostile work environment case, there are affirmative defenses that you can raise to counter employer liability for an employee's actions.

Understand the basics of a good property management contract

Do you need a property manager? Before you hire one, you need to understand a property manager's basic responsibilities. Those are key to establishing the all-important employment contract that will govern your ongoing relationship.

Here are the things you should expect from any good property manager:

Protect the future of your company with a strong succession plan

As a California business owner, you strive to protect the interests of your company every day. From smart financial planning to purchasing inventory, you devote a large portion of your time to ensuring that things run smoothly and without issue. With all of the planning you do from day to day, it is beneficial to remember to plan for the future of your business as well.

The future is uncertain, and whether it is through retirement, sudden incapacitation or even your death, you will find it greatly beneficial to have to plans in place regarding succession. A strong business succession plan allows you to have control over what will happen to your company down the road, even if you are no longer able to run it yourself. 

6 questions to ask when drafting an employment incentive trust

Incentive trusts are used to give heirs goals and to make sure they don't just live off of a large inheritance without doing anything for the rest of their lives. The wealthy often worry that their children won't be productive after they pass away, so they use trusts that only pass on their assets when certain goals are met.

These goals vary considerably from one case to the next, but a lot of them focus on employment. As long as the person has a good, productive career, the trust will keep paying. This gives the person a nice annual boost in income without leading to premature retirement.

Abuses under the Private Attorneys General Act to stop

The Private Attorneys General Act (PAGA) started out as a relief measure designed to empower California employees against employers who violated the Labor Code. Under PAGA, employees step into the shoes of an enforcement agency and, as such, can recover civil penalties when violations are found.

The goal was to help state agencies catch blatant violations of wage laws by putting power in the hands of the victims.

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