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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 will demand that the business owner himself personally sign a promise that it will pay for what’s owed in the lease in case the business doesn’t pay. Those are very risky documents to sign sometimes because sometimes the business owner many years later will sell the business and forget that it had this guarantee. If the new buyer years later breaches the lease the shopping center owner, the landlord sometimes will come after the guarantor. The business owners often have to be very careful to revoke the guarantee.

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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 or to let it be known by others who could make use that would be harmful to the employer.

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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 back at him through some form of reprisal. There are other whistle blower laws that cover what are called [key tam 00:00:28] laws where the employer is being accused of stealing from the government. In that case the employee can bring a lawsuit that’s under seal against the employer and the employee can then bring this lawsuit on behalf of the government and allow the government to investigate the claim. In that situation the employee is allowed to share in the percentage of the recovery against the employer for the theft from the government.

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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.

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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 on reliance on this other statement, and that could lead to a claim or defense in a lawsuit.

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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 with that contract. Having a fraud in the inducement claim, it can unwind the contract and then can also expose the person who committed the fraud to damages.

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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 benefits and other items that other persons that work for the employer get. In exchange for that, the employee is then controlled by the employer. The employee is told when to start, when to finish and is paid a certain level of compensation and doesn’t have multiple employers typically. The employee will generally sell the labor of the employee only to one business, namely the employer.

Independent contractors, by contrast, do not have these benefits, but do not have the burdens of an employee. They’re free to have other customers. They can set their own hours. They would invest in their own equipment. They can negotiate compensation and they can, they’re free to do business with multiple businesses or customers without having any special obligations.

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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. Both laws can protect the employee, and there can be independent claims, each one having different damages.

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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, the partnership name.

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