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Head off litigation with an employment contract evaluation

In essence, an employment contract is an agreement between an employee and an employer. It is also a legal document defining many facets of an employment relationship. More and more businesses in New York have begun to make use of these employment law documents because they protect employers and workers alike. When a well-drafted contract is in place, it can prevent misunderstandings or disputes that may otherwise lead to litigation.

As employment law professionals, we generally approve of fair and balanced written agreements between workers and their superiors. However, we like to caution all involved parties to make certain such documents do not violate anyone's rights. One way to accomplish this is by having the contract reviewed by an employment law attorney.

3 ways to get rid of your business partner

When you and your business partner started the company, you felt like you could work together for decades. You got along, you both worked toward the same goals and you split the responsibilities evenly.

Now, however, it is clear to you that your business partner needs to go. There's just no way the company can move forward with him or her involved. How can you force that person out legally?

Would the best way to share custody be to leave the kids at home?

As you face the end of your marriage, you may also face the prospect of determining the best form of co-parenting for your family. This may involve exploring numerous options.

One that you may wonder about is bird nesting. This form of shared custody allows the children to remain in the family home while you and the other parent move in and out on a schedule you decide works best for everyone involved. If you own multiple properties here in New York City, or can afford to, this may be a viable option for you.

Do not mention age in recruiting advertisements

When you interview someone or hand out applications, you may ask for the person's date of birth. In many cases, this is perfectly legal. You can gather information about employees or potential employees.

What you cannot do, however, is indicate that you prefer a specific age over another. This could be seen as age discrimination, which is illegal just like racial discrimination or gender discrimination.

Could starting a business help you after divorce?

Your spouse wants a divorce, and you know that it is going to be hard for you to adjust to life after your marriage. It's just not something you were prepared for. You're not sure how long it will take you to get through it.

While everyone is different, some experts suggest that the best way to move forward is to put your time and energy into something else. This helps to distract you from the other changes and gives you a clear focus. It prevents you from simply sitting on the couch and dwelling on what happened.

What happens to parental gifts in a divorce?

You got married five years ago. Your parents generously gave you enough money to cover the down payment on a home, the mortgage payments for the first year and all related costs. They knew that you and your new spouse did not have enough saved up, so they helped you get your new life started.

Now, you and your spouse are planning to get divorced. It just did not work out. Neither of you can afford to keep the home alone, so you are going to sell it and split up the money that you make.

What type of evidence helps document discrimination?

Workplace discrimination can be tricky. Even when you know you are experiencing it, what can you do to gather evidence? How can you show someone who does not walk in your shoes every day that you are being treated unfairly?

If you have seen changes to your pay or hours, that is the first place to start. Your pay stubs at least provide a solid record of the change so that you can show you were earning more or working more prior to the harassment. This also helps to prove exactly how it has impacted you in a financial sense.

Collaborative divorce may be the answer to your divorce issues

During your marriage, you may have accumulated a significant amount of assets. You may have purchased an apartment or condominium, built up your retirement plan and purchased numerous personal belongings of value. Now that you face a divorce, you may wonder what will happen to them.

The thought of leaving your fate in the hands of a New York judge who doesn't know you or your family may not provide you with any confidence. You know you could probably end up in a court battle, but that would just cost you more in time and money, which could further jeopardize your future.

Read any commercial lease agreement very carefully

When starting a new business, you may opt to rent out a building or a commercial space, rather than buying it. This gives you less debt if your business does not work out and typically costs far less up front. Most young businesses have a very strict budget and little or no income, so it's important to know how to get your idea off of the ground in an affordable manner.

If you do rent out a space, read your lease agreement very carefully. Make sure you know exactly what is allowed, especially if things do not work out financially. Here are some important questions to ask:

Can your employer take your tips?

You have a tip jar on the front counter when you are at work. Customers frequently stuff in a few dollars or at least their spare change. By the end of the night, you often have a good amount of money in the jar.

You never know how much, though, because your employer always takes your tips. He or she claims they're given to the business in general, and collects them every night. Even if they are "for the business," you never see anything, so it's clear to you that your employer just pockets them.

Consult Our Skilled, Pragmatic Manhattan Commercial Litigation Attorneys

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