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Bay Area Family & Business Litigation Law Blog

Not every termination is wrongful

You may know that California, like all other states, is an at-will employment state. This means that you can fire an employee whether you have good reason or not. However, this does not mean it is any easier to let someone go without feeling nervous about the ramifications. Specifically, you may worry that your former employee will file a wrongful termination lawsuit against you.

If you are facing this situation now, you may be going over and over the day you fired this person trying to remember if you made a mistake. However, you may need to look back even further. In fact, protecting yourself from wrongful termination claims is something you should have in mind from the moment you hire someone.

Making child custody decisions is not always easy

Getting a divorce can easily become one of the most complicated processes in any California resident's life. If a person has children, his or her main focus may be on reaching certain child custody outcomes. Of course, it is easy for this topic of divorce to become heated and potentially turn into a dispute.

When it comes to child custody decisions, they often come about in one of two ways. If parents are able to work together, they may be able to come to terms outside of the courtroom. Parents may be able to set aside their own personal emotions and decide together which terms would work in the best interests of the children. Of course, that amicable approach does not work for everyone.

Mental health concerns could cause child custody conflict

Most California parents would do anything they deemed necessary to ensure the safety and well-being of their children. In some cases, a parent may feel it is best if the children spend less time with their other parent, which is an issue that commonly comes up during child custody disputes. Though joint custody is more often considered best for the children involved, many divorces become contentious over custody matters.

It was recently reported that mental health concerns may be one reason for the increase in conflict regarding custody. In some cases, one parent may have a mental illness, and the other parent feels that it would be best for the children to have limited time with that parent. Though the parent may feel as if he or she is being protective, it can sometimes be unwarranted, depending on the actual diagnosis of the other parent.

Factors that influence the outcome of child custody disputes

The divorce or separation of California parents can be hard on every member of their family. However, when it comes to determining where their kids will live and how they will be cared for, parents should know that there are several important factors that courts will evaluate.

This post will discuss several of these factors, but as with all posts on this blog readers should understand that its contents are not legal advice.

Valuing investment real estate can be complicated

As most Californians know, real estate throughout California, and especially in San Jose and other parts of the Bay Area, is a hot commodity. Re-sale values of houses usually come in far above the purchase price, and the high demand for rentals mean that landlords can command top dollar.

In short, real estate is a good investment all along the West Coast, such that a couple may have most of their wealth tied up in property.

Are you concerned that wrongdoing affected your loved one's will?

After the passing of a loved one, emotions can certainly run high. You may want to reminisce about the good times you had with the person and smile, but you will likely also feel grief and contend with tears as you think about your future without that loved one. However, you may feel some comfort in knowing that your loved one left you something in his or her will.

Whether you anticipated the inheritance because you had discussed the matter with your loved one previously or simply because you are a close family member, you may have felt shocked when you received very little or even nothing at all. If this outcome runs counter to what your loved one had previously indicated as his or her wishes, you may have concerns that wrongdoing took place.

Judges can consider earning capacity instead of income

Like other states, California family courts usually determine child support based on each parent's income. As a previous post on this blog discussed, determining each parent's income is not always simply a matter of comparing paychecks or tax returns.

In fact, disputes about child support often arise when a parent is self-employed, makes income from investments or other sources outside of employment and so forth.

Contracting with employees can lead to legal issues

In most cases, employers and employees are free to enter into employment contracts.

In many professions and for many high-level executive positions, it is even expected for an employee and employer to negotiate the terms of employment and to put those terms in writing.

Representing clients in commercial real estate disputes

One of the most important aspects of any California business's overall plan involves the location of the business. Just about every business needs at least some real estate space to operate in, and the type of real estate deal the business enters can really make or break the business in the long term.

Most of the time, while negotiations may be intense, business real estate disputes go the way the parties anticipate. In other words, both sides get what they expect out of the deal. However, in a number of cases, the buyer or the seller may discover that their real estate deal just is not what they expected it to be. In the worst case scenario, a buyer may even discover that it has invested in property that just will not suit its business needs.

What is a supply contract?

Many businesses in San Jose and the rest of the Bay Area must purchase the raw materials they need to continue to operate. Even businesses that are not manufacturing goods will need a regular stream of supplies.

For instance, just about any office environment is going to need at least some paper, even if they have gone to exclusively digital communication. Even something like coffee for the break room can be the subject of a supply contract.

Call 408-842-1688 or toll free at 855-656-7590 or send a confidential email to request a case evaluation. Office locations located all throughout the state.

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As litigation attorneys in San Jose, we have handled complex cases and obtained real results for individuals throughout the Bay Area and beyond.

Whether you are a business owner who needs help resolving a breach of contract dispute or a parent looking for skillful guidance regarding a custody dispute, let a skilled, successful team of attorneys help you.

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