A lease guarantee is a promise by somebody to pay the obligations under the lease, separate from the signatory to the lease. This typically will happen where a business owner will lease premises in a shopping center. The business will sign a lease and the landlord of the shopping center…
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What is a trade secret and what are an employee’s obligations?
A trade secret is something that derives independent value because it’s not generally known. An employer wants to ensure that this trade secret is kept secret from its competitors, because it gets a competitive advantage by having this trade secret. An employee’s obligations are not to divulge that trade secret…
WHAT IS A WHISTLEBLOWER?
There are different types of whistle blowers but the main type of whistle blower is somebody who has objected to or refused to participate in an unlawful practice of the employer. By doing that the employee has done something that he is protected from so that the employer cannot get…
WHAT IS CONSIDERED OVERTIME?
Overtime, it’s considered to mean that you worked more than 40 hours in a week. If you’re entitled to overtime pay, that means the employer has to pay the employee one half times the normal hourly rate for those hours that above 40 hours in a week.
WHAT IS DETRIMENTAL RELIANCE
Detriment to reliance is when somebody has made a statement that would have a reasonable expectation that the person who obtained the information or received the statement relied on it and they relied on it in a manner where they took measures and incurred expense or they incurred some hardship…
WHAT IS A FRAUDULENT INDUCEMENT?
Fraudulent inducement is a business tort and that involves a dishonest or fraudulent intent to lure somebody into a contract through some means of misrepresentation. The person ends up entering the contract based on false statements. They were basically lied to and that’s how they procured their promise in accordance…
WHAT IS THE DIFFERENCE BETWEEN AN INDEPENDENT CONTRACTOR AND AN EMPLOYEE?
The main difference between an independent contractor and employee, is an employee is controlled by an employer and obtains certain benefits that an independent contractor doesn’t obtain. For example, the employee is going to be paid by the hour or salary, maybe provided health insurance, maybe provided vacation time or…
WHAT IF BOTH STATE AND FEDERAL LAWS REGULATE MY CLAIM OF DISCRIMINATION?
If state and federal laws both regulate a claim of discrimination, the employee can bring claims under both laws. For example, an employee may have a claim for sexual harassment both under the Federal Civil Rights Act, which is Title VII, as well as under the Florida Civil Rights Act.…
WHAT IS THE FAMILY AND MEDICAL LEAVE ACT FMLA?
WHAT IS THE LEGAL NAME OF A BUSINESS?
The legal name of a business is the corporate name typically. If you have a corporation such as IBM Inc., that’s its legal name. It may do business in other name, which are called fictitious names, but the legal name is typically the corporate name, or if it’s a partnership,…