May 22, 2013
There are significant benefits to operating a franchise. Franchisors use other people’s money to expand the business. Franchise fees and ongoing royalties allow franchisors to grow without sacrificing control. The influx of capital funds marketing, improves quality of goods and services, and builds the brand. Franchisees benefit by having an established business model to follow, with a centralization of functions such as marketing, training and support, customer lead generation, websites, and call centers.
May 22, 2013
There are many types of “personal injury” cases and nearly all involve negligent, as opposed to intentional, conduct. The main exception is a civil battery claim. To prove a personal injury battery claim under North Carolina law, a plaintiff must establish that: (1) defendant intentionally caused a bodily contact with plaintiff; (2) the bodily contact caused plaintiff physical pain or injury; and (3) plaintiff did not consent to the bodily contact. If a plaintiff is successful on his or her claim, the compensatory damages recoverable in an assault and battery lawsuit include, but are not limited to, compensation for (a) medical and pharmaceutical expenses; (b) lost wages; and (c) physical and emotional pain and suffering. The plaintiff may also be entitled to recover punitive damages. These are damages a jury can award against a defendant who has engaged in willful and wanton conduct solely to punish him or her. If you have been the victim of an assault and battery in North Carolina, contact the Raleigh law firm of Maginnis Law at 919.480.8526. Our attorneys can help you through the process of recovering financial compensation to pay for your losses. (more…)
May 21, 2013
For business owners who have elected to terminate an employee, and that employee files for unemployment, there is often some concern about the impact on their business if unemployment benefits are charged to the company account with the Division of Employment Security (formerly the Employment Security Commission). If you have received an appeal from the employee or wish to appeal a decision regarding unemployment, it often makes sense to have counsel for the appeal hearing. The Division of Employment Security (formerly the Employment Security Commission) follows strict procedural rules for making determinations regarding unemployment benefits for ex-employees. If you are an employer requiring assistance in dealing with an unemployment benefits dispute, contact the Raleigh business litigation firm of Maginnis Law, PLLC at 919.526.0450 or submit a new case inquiry here.
The purpose of the unemployment statute is to provide protection for individuals who are unemployed through no fault of their own. As a result, if an employee was terminated because of misconduct (which usually involves intent or gross negligence) or because of substantial fault, the employee will be disqualified from benefits and the impact on the employer’s account with the Division of Employment Security will be minimal, if any.
It is also possible for an employee to be entitled to unemployment benefits even if they quit the position; the former employee will have to show that the resignation was for good cause attributable to the employer.
Some common disputes in unemployment appeals hearing where the firm may be able to assist your business include:
1) Where the employee quit because of stated health reasons or because of sexual harrassment
2) Failure to compensate for alleged overtime worked
3) Employee vs. Independent Contractor status.
4) Where an employee leaves after being offered a continued position at a substantial pay cut.
5) Where an employee leaves due to reduction in hours or a difficult commute
6) An employee lying to a supervisor or deliberately attempting to deceive them.
7) Chronic tardiness and absenteeism by the worker.
8) Ultimatums involving either performing a task or being fired.
9) Falsification of resume or employment applications
Unemployment appeals are typically scheduled for a telephone hearing but frequently one party will request a hearing. For Wake County, unemployment appeals, these hearings usually take place at the Division of Employment Security office in Cary. The firm can also assist with, if necessary, subpoenaing witnesses for the unemployment benefits hearing.
If you are a business handling an unemployment benefits matter or any other legal issue with your company, contact the business law lawyers of Maginnis Law, PLLC at 919.526.0450 to schedule a free consultation for your civil business issue. Maginnis Law is a Raleigh civil litigation firm with business attorneys handling disputes in Cary, Apex, Morrisville, Wake Forest and throughout the rest of Wake County and the Triangle.
May 20, 2013
One reason corporate structures were created was to protect individual business owners and related entities from personal liability. Unfortunately, some parties take advantage of the corporate structure by acting improperly or in breach of contract, believing there will be no personal recourse. This creates problems for individuals victimized by these companies and, just as importantly, for legitimate companies whose corporate status is wrongfully challenged. In North Carolina, you can obtain a judgment in a case against both the corporation and its individual business owner if you can “pierce the corporate veil.” If you have been treated unfairly or illegally by a corporation, or if someone is suing you or your company, contact the civil business litigation attorneys at Maginnis Law, PLLC. Maginnis Law is a Raleigh civil litigation firm with attorneys that handle a wide range of corporate and business contract disputes. Contact the firm at 919.526.0450 or submit a new case inquiry here
May 20, 2013
The standard automobile insurance policy in North Carolina contains many different kinds of insurance coverage. Among those are liability coverage and underinsured motorist (UIM) coverage. These insurance coverages provide different kinds of protection when someone is injured in an automobile accident. Liability coverage protects you in the event that you cause a collision injuring another party, whereas underinsured motorist coverage protects you if you are struck by someone who does not have sufficient liability coverage. (more…)
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