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September 2016 Archives

Subleases can benefit both landlords and tenants

It is fairly common for businesses in Miami to lease the space they need for their operations rather than purchase commercial space, especially when a company is first getting on its feet. However, issues may arise during the course of the lease that lead the tenant, or company, to want to move out before the term of the lease has ended. When that happens, it is not unusual for the original tenant to sublet the space to another tenant, which will essentially take its place until the lease is up.

Are employees who use drugs covered by the ADA?

The Americans with Disabilities Act protects people with disabilities from discrimination in the workplace. However, this may not apply to one of your Florida employees who is using illegal drugs, so you will need to know when you can terminate the employment. The United States Commission on Civil Rights notes that up to 25 percent of the workforce in this country is using an illegal drug or alcohol while on the clock some of the time, making it likely that this is an issue you may have to deal with at some point.

Don't repeat the mistakes of (well known) others

Your mother is dying of cancer. For a year you nurse her - back massages and sponge baths - right down to her final days. And then, after her passing you learn that, per her wishes, the estate will not be evenly divided; some of your siblings will get significantly more than you.

What the Florida statutes say about shareholder agreements

In business, a dispute between owners may be devastating to the company. Although mediation, arbitration and litigation are three ways people attempt to resolve their issues to their own satisfaction, some problems may be avoided through a successful shareholder agreement. We at Welbaum Guernsey are familiar with the state laws that govern these documents, and often provide advice to those seeking to create such an agreement.

Evaluating employee performance

Businesses in Florida often set well-defined parameters for their employment relationships that are outlined in their policies and procedures, and sometimes also in employee contracts. According to the Houston Chronicle, performance reviews may be a part of a healthy company environment, although they are not necessarily required. The way these are implemented may benefit a company’s productivity and reduce the likelihood of employment litigation, or they may cause further trouble instead.

How Can I Disinherit My Ex?

The advent of no-fault divorces in the 1970's caused the divorce rate in the United States to increase significantly and stay high. Today, it hovers around 50 percent. And in fact, some experts believe that changes in society and law in the near future will cause the divorce rate to increase at an even faster pace.

Do your employment contracts threaten whistleblowers?

Protecting private company information, including trade secrets, client lists and other intellectual property may be the goal when you are drafting your employment contracts in Florida, particularly when you are considering what an employee may do with the information after leaving the company. According to Reuters, it is essential that the language you use is designed to promote confidentiality without discouraging employees from exercising their rights and responsibilities under state and federal laws.

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