New York City Business Law Blog

What is an implied contract?

Often, unless you have an employment contract, you can be fired with relatively little reason. As long as they don't fire you because of your gender, race, age or another protected class, your boss has a lot of freedom to keep or terminate your employment.

If you do have a contract, that changes things significantly. Many contracts specify that the company has to show cause to terminate that contract, for instance, or they lay out a system of warnings and write-ups that have to be given out before someone's position can be terminated. This gives you far more protection.

Your spouse can't force you to sign a prenup

You have to sign a prenup because you want to sign a prenup. It's really that simple. If you were forced to do it, the prenuptial agreement is not going to hold up in court.

Typically, the way that one person "forces" the other to sign is by having them do it under duress. They present some outside factor that causes them to agree to sign when it may be the last thing that they really want. They just hope that they'll never get divorced and they'll never need it.

Starting your own business? Here are 10 helpful tips

For years, you have dreamed of the day when you could start your own business. Now, you think that day is rapidly approaching. You're going to make this happen.

While this is exciting, remember that starting a new company is also a massive challenge. You need to be committed and must know exactly what to do to increase your chances of success. Here are 10 tips that can help:

  1. Put your business plan down in writing so that you know exactly what your goals are -- and so do your investors.
  2. Ask yourself if your idea is really plausible and if there is a demand.
  3. Figure out exactly what your up-front costs are going to be.
  4. Take the time to identify the people who make up your intended market.
  5. Craft a budget that is realistic and that addresses all of your costs, both at the beginning and moving forward.
  6. Figure out what type of legal entity you want your new business to be.
  7. Pick a business name and register it to ensure you can use it before doing any branding.
  8. If you have a business partner, create a partnership agreement that you both sign off on.
  9. Figure out exactly what you'll need to do to pay your taxes.
  10. Ask yourself what official documents you need to consider, including insurance policies, proper licenses and legal permits to operate.

Changing opinions about love could be leading to senior divorces

Married couples who are older than the age of 50 are more likely to get a divorce today than they were 20 years ago. In fact, their chances of divorce have doubled. Many are surprised by this statistic because they think, "If we lasted this long, how come we can't keep this relationship going a little bit longer?"

The truth is that societal perceptions about marriage and relationships have changed. Plus, with seniors living longer than ever, many are looking forward to longer lives after the age of 50, and they want to enjoy those lives to the fullest capacity.

When your marriage to your business partner ends

There are numerous recommended ways to protect your business from the possibility of divorce. In New York, any assets you acquire or earn while married are generally considered joint property. Therefore, a business you start during your marriage or the profits your business accrues after your wedding day may belong jointly to you and your spouse. This is especially true if you and your spouse are also partners in the business.

You may have signed a prenuptial agreement or created a partnership contract that addresses the contingency of divorce. However, if you did not, you and your spouse will have some difficult decisions to make if you are approaching the end of your marriage.

Avoid getting defensive when having your divorce discussion

After years of caustic arguments and having your spouse's anger and resentment directed at you, the decision has been made. You're going to end the marriage and go your separate ways. The problem is, you haven't told your spouse this information, and you're not sure how to break the news. Regardless of how you introduce this topic, there's an important piece of advice you'll want to follow during the "divorce talk": Don't fall into the trap of trying to defend your decision.

Sure, you've thought about divorce for a long time and considered the multitude of reasons why you've made the decision, but the truth is, it's not always easy to say the precise reason why you've chosen to call it quits. So, if your spouse questions your reasoning, you might find it hard to express yourself.

How does the Age Discrimination in Employment Act protect me?

Have you ever had the experience of noticing that the people around you at the office were getting younger and younger? The longer you stay in your career, the more chance there will be of something like this happening to you. You might even become the oldest one at work.

Normally, this shouldn't be a problem. After all, the longer you've been in your career, the more experienced and the better at your job you become. Nevertheless, some older workers could find that their ages become a serious problem for their careers. Fortunately, if you're at least 40 years of age, you might be able to protect yourself from age discrimination at work.

2 signals of an impending divorce

There are countless reasons why spouses choose to end their marriages. However, regardless of "why," the months and years that precede divorce may have two things in common for the vast majority of couples: a lack of intimacy and an increased focus on activities that fall outside the scope of the relationship.

Let's take a look at both these symptoms of an impending divorce a little closer:

2 important moments in civil rights for American laborers

There are many important moments in American history as it pertains to civil rights. In the context of U.S. labor law history, there are two events that stand out: the Civil Rights Act of 1964 and the 1966 California farm worker's strike.

The Civil Rights Act of 1964 was a long time coming, and the evolution of changing society over the course of hundreds of years. It provides legal rights and protections to United States workers, the likes of which were completely foreign to laborers a hundred years ago. Under Title VII of the Civil Rights Act of 1964, U.S. workers are protected from employment-related discrimination related to pay, hiring, firing, promotions and how workers are treated at their workplaces. Specifically, Title VII protects employees from discriminatory acts and harassment on the basis of national origin, sex, religion, color and race.

How women can prepare for the financial upheaval of divorce

Divorce is a significant and major legal process that will lead to financial adjustments and changes in your life. Even in a high-asset divorce, both parties will likely have to take steps to protect their interests, cut costs and preserve their future financial stability. As a woman, it may be particularly important for you to prepare yourself for this process and work for a strong post-divorce future.

Women, more so than men, often experience economic disparity in a divorce. This is the case for women who did not work outside of the home, but it also applies to women who have careers, a steady income and their own assets. No matter your specific situation, it is prudent to know how to protect yourself and avoid complications in the future. That effort can start now. 

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