Category: Workplace Issues

Team Building Motorcycle Trips: How to Plan Ahead

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There are multiple team building exercises that a small business staff can utilize to become a tighter unit, but going on a motorcycle trip is one of the most effective. After all, most people love going on an adventure, and the positive feelings that they develop while they are riding a bike will become associated with all of their co-workers. Additionally, this is a great way to get everyone out of the office so that they can get away from the stress and begin looking at each other as unique individuals.

What is the Best Way to Plan the Trip?

It is easy to plan a group outing by utilizing one of the many online motorcycle trip planners. These comprehensive websites enable you to select the state of your choice so that you can see all of the best options in your targeted area. For example, if you want to take a motorcycle trip in Florida, you will find 33 different routes throughout the state. However, before you begin looking through routes, you should determine how long you want the trip to be. Florida’s routes range from just a couple of miles to loops that will take several days, so it should be easy to find exactly what you are looking for.

How can We Keep Everyone Safe?

Business owners often worry about liability issues, and this might make the idea of going on a motorcycle trip seem intimidating. Instead of letting this get in the way, you should simply take steps to protect the company and each employee. The first step would be to get everyone to sign an agreement that they cannot sue the company if something happens to them during the trip. You can discuss your state’s local laws with a motorcycle accident attorney West Palm Beach to Fort Walton Beach based to ensure that everyone remains compliant. Aside from that, you should make it mandatory for everyone to wear a helmet.

What Should We do if an Accident Happens?

If one or more of the motorcycle riders are involved in an accident, it is important for the entire group to pull over in a safe location. However, if you are on the freeway, it is not a good idea for everyone to stop on the side of the road. Therefore, you should agree in advance that everyone will get off at the next exit and pull into a parking lot until the situation has been resolved. Meanwhile, the supervisor of the group should contact the police immediately, and it is important to write notes about the accident in case someone ends up in court.

Should We Call an Attorney?

If anyone is injured as a result of the accident, it is definitely a good idea to contact a motorcycle injury attorney. This is especially important if the responsible party is not a member of your group. After all, it can be very expensive to pay for the necessary medical assistance, and the injured person’s insurance may not cover everything.

Going on a motorcycle trip with your small business team is a good way to encourage teamwork because it will give everyone a chance to get to know each other outside of the office. As long as you take the proper precautions to keep everyone safe, your group should return from the outing refreshed and with a stronger bond.

As an event planner for a small non-profit business, Ann Bailey offers these tips for a unique road trip and business team building experience. Keeping riders safe, and defending their rights if injured, the Steinger, Iscoe & Green motorcycle accident attorney West Palm Beach based group represents all manner of injury claims for motorcycle enthusiasts in Florida.

Alcohol Addiction on the Job: Is the Company Liable for a DUI?

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For both practical and legal reasons, employers cannot control the actions of an employee when the employee is off the clock. Employers may proscribe certain behaviors such as drug usage or speech that reflects poorly on the company, but employers can only react to wrongful conduct after it has occurred. Such is the case with an employee who is charged with driving under the influence. This unexpected development can be unpleasant for both the employer and the employee.

Alcohol Addiction and the Law

While an employer’s first reaction to an employee who is intoxicated at work is usually to terminate the employee, employees have some rights under the law. Under the Americans with Disabilities Act, employers may not discriminate against employees with certain disabilities if the employee can perform his or her essential job functions with reasonable accommodations made for the disability. If there is a legitimate business purpose to exclude employees with a certain disability, employers may do so; for example, a trucking company looking for drivers may reasonably decline to hire the visually impaired.

The Americans with Disabilities Act applies to a wide array of disabilities, including alcohol addiction. If an alcoholic can perform the essential duties for which he or she was hired without the disability affecting his or her performance, the employer may not make hiring or termination decisions based upon that disability. However, if the disability affects the employee’s work and cannot be reasonably accommodated, the employee may be terminated.

Driving Under the Influence and the Five-Minute Meeting

An employer will almost certainly terminate an employee who is arrested for driving under the influence while on the job. The primary reason for this is liability. Employers are vicariously liable to third parties for the actions of their employees assuming that the employee was acting within the course and scope of his or her employment when he or she committed the tortious act. Intoxicated motorists are a hazard and a lawsuit waiting to happen for the employer.

Additionally, an employee who is convicted for driving under the influence will be unavailable to perform the essential duties of his or her job. While it’s true that, as offered by The Wilson Law Firm, “There are many possible defenses to a drunk driving charge,” in Virginia, persons convicted of driving under the influence face a license suspension for up to one year. If an employee is driving while acting within the course and scope of his or her employment, it is likely that the employee is involved in an occupation in which driving is an essential duty. In such a case, the employee may be released from his or her employment.

Assisting an Employee with a Legal Defense

Mounting a legal defense to a charge of driving under the influence can be expensive for the employee, and most employees should expect no assistance. Very few employers would even consider contributing to the legal defense of an employee charged with driving under the influence while on the job. However, it can happen. If the employee is particularly valuable to the firm and his or her absence from the company would cost the firm significant revenue, an employer may provide assistance to the employee.

If the employer does elect to retain and assist the employee, the employer must proceed carefully. A jury may consider an employer who knowingly allows employees accused of driving under the influence to operate vehicles for him or her to be negligent. If an accident occurs, the employer may be liable for negligence, which can result in an award of punitive damages. Punitive damages can greatly exceed the cost of the injury.

While employers can be liable for injuries to third parties for an employee’s act, the employer will generally owe no duty to the employee to assist him or her if he or she is arrested for driving under the influence. Employers have a strong interest in terminating such employees from employment and the few employers who choose not to will usually reassign the employee to a position in which he or she is not responsible for operating machinery. However, talented and highly trained employees are difficult to come by. Employers with an indispensable employee may consider providing assistance to the employee in the form of legal counsel or funds to pursue an independent legal defense.

Ann Bailey posts this research for employers with workers who are facing a DUI charge, particularly in Virginia. The Wilson Law Firm vigorously represents clients of intoxicated driving charges, aggressively fighting to keep their personal rights intact, within all boundaries of the law.

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Business Partners: Are You Responsible For Their Ethics?

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Friction between business partners is common without a clear delineation of duties. Partners frequently have different ideas as to how to run the business and invest capital. Unfortunately, some businessmen seek to enrich their companies by committing fraud and tax violations. Whether an unwitting business partner is liable for that malfeasance depends upon the circumstances surrounding the people involved, the act, and even the company itself.

Privately-Held Companies and the Mens Rea

A wide array of federal crimes, including tax evasion and false claims made under the False Claims Act, require a certain level of intent to commit the act or knowledge that they were committing the act. Mens rea means “guilty mind” in Latin and is used to denote intent leading to culpability. Strict liability offenses do not require a mens rea, as intent is not required.

This means that individuals are generally not personally liable for the actions of their business partners, as the intent to commit the offense lies with the partner. Such actions can harm the company by resulting in regulatory backlash such as hefty fines. Since many business owners have not only an income interest but have also personally invested in the business, this can be painful to the partner. However, direct regulatory action against the innocent victim is unlikely.

Public Companies and the Sarbanes-Oxley Act

The matter becomes considerably more complicated if the company is public. Congress passed the Sarbanes-Oxley Act of 2002 after a series of accounting scandals around the turn of the century, most notoriously involving Enron and WorldCom. Sarbanes-Oxley imposed significant requirements upon publicly traded companies, most of which were aimed at ensuring the integrity of the company’s financial reports.

Among other requirements was the mandate for certain executives to certify the company’s periodic financial reports. The executives must certify that the statement contains no misstatements or omissions of any material facts pertaining to the company and its subsidiaries and fairly represents the financial condition of the company and its condition. Executives must also certify that the company has internal controls and that these controls have been audited in the last 90 days.

This means that if one company’s principal officers is involved in an ongoing fraud against the company and the other officers know about it, they are personally liable if they sign off on the corporate financial statements. Penalties range from a $1,000,000 fine to 10 years imprisonment or both per violation. This ensures that the controlling officers at a company cannot misrepresent their company’s financial position, including tax liability, without incurring personal liability.

Blowing the Whistle

Blowing the whistle on ongoing fraud is a personal decision with benefits and detriments. From a financial standpoint, whistleblowing activities aimed at a company in which one has a controlling interest are likely to reduce the value of that company as the government not only demands compensation but also high punitive damages. On the other hand, whistleblowers are generally entitled to a sizeable portion of the funds received from government actions. Additionally, from an ethical standpoint, fraud and misrepresentation are morally reprehensible activities that cost the taxpayers money.

Individuals interested in blowing the whistle on unlawful activity should contact an experienced false claims attorney such as Goldberg Kohn,Ltd. The whistleblowing process usually starts with a qui tam action served upon the Attorney General of the United States. The government will have the opportunity to pursue the claim itself or reject the claim, in which case the plaintiff may pursue it privately. In either case, the plaintiff is entitled to a percentage of the recovery.

No matter the source, federal investigations targeted at a company in which you own a sizeable stake are not fun. A prolonged investigation will take time and if the fraud is big enough, the ensuing regulatory action, lawsuits, and negative publicity against the company can destroy it. However, by failing to take action, executives who mistakenly went into business with a criminal condone such conduct. When a source of liability is discovered, the correct course of action is to stop all illegal activity and seek legal counsel immediately. Anyone who fails to do so may find that a lawsuit for a breach of a fiduciary duty is the least of his or her problems.

A former news journalist, Ann Bailey reports on this issue of ethics and consequences for anyone suspecting their partner of underhandedness. Goldberg Kohn,Ltd is an aggressive legal voice of protection for any client choosing to become a whistleblower to seek right from wrong in their business arena.

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How to Keep Your Best Employee Focused When Their New Baby Arrives

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A major goal of any small business owner is to hire intelligent, hard-working people and keep them around for many years to come. If you run your own business, you already know that attempting to find good employees can be a tiring and frustrating process. People can sometimes seem amazing during the interview, only to begin demonstrating a poor work ethic a few weeks into the job. Other times, major life changes, such as health problems, having a baby or returning to school, can drive your good employees away. If you have a beloved employee that is pregnant, you may want to consider doing some things to help keep her around after the baby is born.

Throw an Excellent Baby Shower

Throwing an office baby shower is a good way to support your employee during her pregnancy. Not only will the effort warm her heart and provide her with numerous gifts that she will need for the baby, but it will also show her that she is a valued member of your team. Just as it can be difficult to find good employees, it can also be difficult to find a good place to work. A baby shower could remind your employee just how special your place of business really is.

Be Understanding and Generous With Time Off

It’s important to understand that your employee is going to need plenty of time off both during her pregnancy and after the baby is born. Allow a good amount of time for pregnancy leave as well as plenty of sick days in case anything unexpected should come up.

Provide a Reasonable Work Load

Being a new mom can be quite distracting. If your employee has just returned to work after having the baby, understand that she may be more tired and spaced out than usual. Therefore, you may want to provide her with a less-demanding workload than she is used to. Start slow and help her ease back into her regular routine by adding a bit more work each week and talking to her about what she’s comfortable with.

Make Room for the Baby at the Office

Finding a babysitter can be difficult, and many new moms don’t feel comfortable leaving their newborn right away. By allowing your employee to bring her baby to work, you’ll be helping her get back into the swing of things without having to suffer the distraction of wondering how her baby is doing while she’s away. Plus, you’ll be making your other employees happy, because who wouldn’t enjoy having an adorable baby around? To help make the new mom comfortable, consider purchasing a sanitary changing table and play yard for babies and placing it in her office. That way, she wont have to waste time taking the baby to a different place to change him or her.

Running a small business is like being the leader of a tribe. When the leader is kind, generous and understanding, the entire group does well. The more love and support you give your employee during this changing time in her life, the more she will appreciate you as a boss and want to continue doing a great job.

Having been a TV reporter with a new baby on the job, Ann Bailey encourages support for any employee coming back to work as a new mom. A clean, modern play yard for babies is a powerful statement of support that business owners can easily provide for seamless continuity for their employees with new family additions.

 

 

Lone Star Liabilities: When The Company Truck Causes an Accident in Texas

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Business owners that are required to maintain business trucks as part of their company face different liabilities than those with storefronts that only require a client to enter the establishment to make a purchase. The very second that the ignition is started in the truck opens the door to new responsibilities and liabilities. The business owner must take into account that they are responsible for the driver and all of their actions on the road. Additionally, if the driver of their vehicle acts in a manner that causes an accident, the business owner is held liable for any and all damages they cause, even if the driver was not following company policy at the time the event occurred.

Legal Issues A Business Faces With Company Trucks

• Driving Records. You must diligently review the driving records of your company drivers. Drivers that have tickets or convictions off the clock can reflect poorly on your company. Insurance rates can soar if you employ a driver with a personal DUI conviction, and in the event of an accident, their personal driving records will be held against your business.
• Maintenance Issues. You must follow a routine maintenance schedule on your company fleet to ensure the safety of your employees and others. If an accident is caused by equipment failure, you can be held liable for the injuries to your employee as well as others involved in the accident.
• Employee Safety Training. Your company should establish a training program for all company drivers that is on-going. Safety issues relating to driving and operating the vehicle, road condition training, and defensive driving should all be included. As part of this training, you should also include company policies about how long a driver can be behind the wheel each day. Limiting the amount of time a driver can be behind the wheel each day will help avoid accidents and liability issues surrounding drivers that are too tired to operate a vehicle safely.

How A Texas Accident Attorney Can Help

When most people think of an accident attorney, they think of a lawyer that helps the injured party claim compensation. However, an accident attorney can also be very beneficial to business owners in preventing liability issues or handling them if they arise.

An accident attorney can help the business can review company policy for the prevention of accidents and make any recommendations that will decrease liability and stay within compliance of the law. They can also review current insurance policies to determine if the company is covered for all liable events.

If an accident does occur in Texas, hiring one of the accident lawyers in Houston to represent your business in any proceedings is also to your advantage. Experience and expertise in a specific field is always beneficial to a case.

What all business owners should remember is that there is a liability to the employees and the public that comes with business ownership. When you put a company truck on the road, you increase those responsibilities. Taking steps before any accident occurs, such as establishing a safety plan, checking driving records, and consulting with an attorney about liability, is the best way to avoid unnecessary problems if an accident occurs.

A former investigative news writer, Ann Bailey posts these reminders for any business doing truck service through Texas. The Doyle Raizner accident lawyers in Houston know every aspect of liability for trucking accidents and work diligently for their clients in all manner of accident fault issues.

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