An Employer’s Perspective

April 27th, 2009

The best employment law defense counsel takes every aspect of a case into account, but most importantly the impact a lawsuit may have on the reputation and finances of the Company. Employers must be aware of state and federal laws that govern employee hiring, compensation and treatment. Federal and State employment laws concerning wages and overtime are complex and impose significant responsibility on the employer.

Other things an employer should consider are:

  • Anti-discrimination laws
    • sexual discrimination
    • age discrimination
    • disability discrimination
    • race discrimination
  • Hiring practices (contracts)
  • Compensation (wages, bonuses, paid leave, vacation pay, benefits, severance packages)
  • Family and Medical Leave
  • Termination
  • Immigration matters
  • Sexual harassment
  • Intellectual property rights

Employers should also be cognizant of employees that are allowed access to intellectual property information created or developed for the Company by employees in the course of their employment.

There are a number of questions to be addressed by the Employer both at the time of hiring personnel and at regular intervals throughout the course of their employment, such as:

· The scope of the employees duties, and how those are to be documented;

· Their level of seniority;

· Whether their duties involve a requirement that they invent (or contribute to inventions);

· The employee’s propensity to invent;

· The access which the employee has to the employer’s resources (both during and after hours) for their own purposes.

· Proprietary Information Agreements

· Non-competition Agreements, where indicated

On the basis of recent decisions of the Federal Court, only very brave employers are likely to decide that they do not require employment agreements with their senior employees or with those employees privy to confidential or proprietary information.

If you are an employer facing legal issues in any aspect of employment or intellectual property rights, consult Mark A. Nacol of The Nacol Law Firm for guidance.

The Nacol Law Firm PC Law office of Attorney Mark Nacol
Serving clients in the Dallas – Fort Worth Metroplex area for over 30 years
Tel: 972-690-3333

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CHAPTER 7 – Consumer Bankruptcy

March 17th, 2009

Under the new bankruptcy laws, bankruptcy is still an available option for consumers facing financial difficulties. It is now more important than ever to have a trusted, bankruptcy attorney working for you. The telephone should no longer be an instrument of torture and that mountain of bills can be a memory. 

To assist you, below are some common financial warning signs:

• Are any of your credit accounts more than 30 days late?

• Do you pay only the minimum payment due on your credit cards a majority of the time?

• Do you float or bounce checks in order to put food on your table or pay monthly expenses such as electric or gas?

• Have you borrowed money from a loan to payday or vehicle title loan source?

• Do bill collectors call you at home or work?

• Do you have multiple mortgages on your house?

• Have you reached the credit limit on one or more of your credit cards?

• Have you borrowed money to pay off your credit cards (including balance transfers) and accrued significant balances again?

• Do you lose sleep at night because you worry how you are going to pay your bills?

• Do you live from paycheck to paycheck with no source of funds for unexpected obligations?

• Have you borrowed money from friends and/or relatives to meet obligations?

• Do you pick and choose which accounts to pay because you can’t afford to pay all of your obligations?

• Has your credit line been stopped by one or more creditors?

• Is your house in jeopardy of foreclosure?

• Has your house been foreclosed or your car repossessed leaving you with a balance due on the property that you no longer own?

• Do you stress over your finances?

• Are you afraid or hesitant to answer your telephone because you don’t want to be abused or belittled by a representative attempting to collect money from you?

• Do you write checks hoping they don’t clear your bank before your paycheck gets deposited?

• Do you make excuses to yourself or those around you as to why you can’t pay your bills?

If you answered yes to any of these questions, you should contact a qualified bankruptcy attorney for consultation.

The Nacol Law Firm PC
Advising clients in the Dallas / Fort Worth Metrolplex area
on all Bankruptcy Matters
tel:  972-690-3333

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Will Contest

March 4th, 2009

The requirements for testamentary capacity are minimal. Some courts have held that a person who lacks the capacity to make a contract can still make a valid will. While the wording of statutes or judicial rulings will vary from one jurisdiction to another, the test generally requires that the testator was aware of:

• The extent and value of their property
• The persons who are the natural beneficiaries
• The disposition he is making
• How these elements relate to form an orderly plan of distribution of property.

The legal test implies that a typical claimant in a will contest is a disgruntled heir who believe he should have received a larger share than what he received under the will. Once the challenging party meets the burden of proof that the testator did not possess the capacity, the burden subsequently shifts to the party propounding the will to show by clear and convincing evidence that the testator did have the requisite capacity.

Duress or coercion (as a term of jurisprudence) is a possible legal basis to set aside or otherwise modify a will, in that, the execution of the will by the Testator/Testatrix arises out of an immediate fear of injury. Black’s Law Dictionary (6th ed.) defines duress as “any unlawful threat or coercion used… to induce another to act [or not act] in a manner [they] otherwise would not [or would].”

To establish duress, four requirements must be met:

• Threat must be of serious bodily harm or death
• Harm threatened must be greater than the harm caused by the crime
• Threat must be immediate and inescapable
• The defendant must have become involved in the situation through no fault of his or her own

A person may also raise duress when force or violence is used to compel him to enter into a contract, or to discharge one.

Depending on the grounds, the result may be:

• Invalidity of the entire Last Will and Testament, resulting in an intestacy.
• Invalidity of a clause or gift, requiring the court to decide which charity receives the charitable bequest, using the equitable doctrine of cy pres
• Dimunition of certain gifts, and increase of other gifts to the widowed spouse or orphaned children, who would now get their elective share.

The Nacol Law Firm PC
990 South Sherman Street
Richardson, Texas 75081
Metro: 972-690-3333
Toll Free: 866-352-5240
Fax: 972-690-9901
www.NacolLawFirm.com

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