Vicarious liability is when one party is held liable for the acts of another. For example, an agent of another person goes and commits an act, for example, an accident. The person who is the principal who hired that agent can be sometimes responsible for the agent’s act. That’s called vicarious liability.
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Severance pay is either a voluntary payment by an employer when an employee is terminated, where the employer will pay the employee some money to ease the transition while the employee looks for new employment. Sometimes there is a contractual obligation to pay severance pay in the employment agreement. Many executives, for example, have contractual…
Continue reading ›Unlawful employment discrimination typically is created by Statute. For example, an employee has a Workers’ Compensation claim and the employer then terminates the employee. There are laws in Florida that bar or prohibit the employer from discriminating based on Workers’ Compensation retaliation. Other laws would include laws prohibiting race discrimination, discrimination based on the gender…
Continue reading ›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.
Continue reading ›The Fair Labor Standards Act is a federal statute that governs payment of wages. It prohibits, for example, certain types of child labor, it requires the payment of overtime wages in certain circumstances and it requires the payment of minimum wages in certain circumstances. It also has a separate provision about employment discrimination based on…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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…
Continue reading ›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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