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Fielding H. Atchley, Jr. has been engaged in the general practice of law in the greater Chattanooga area for over 40 years. He is a third generation lawyer, following both his father, Fielding Atchley, and his grandfather, J.F. Atchley, in the general practice in Chattanooga. He has been practicing with his son, Trevor F. Atchley, since 2008 and had the privilege of practicing with J.W. (Bill) Dietzen and his brother Richard for 31 years.
Mr. McKoon is a seasoned litigator having represented clients at both the state and federal level in disputes such as unfair competition, raiding claims, gender, race and national origin harassment and discrimination claims, suits to enforce non-competition, non-solicitation, and "shop rights" provisions, protection of trade secrets, breaches of contract, audit malpractice, conversion, probate and estate disputes, and various torts including catastrophic injury claims.
Attorney, Clayton M. Whittaker is an attorney licensed in Tennessee, Georgia and Alabama. Admitted to the highest courts of these states, the Supreme Court of the United States, the 6th and 11th Circuits courts of appeals, and the District Courts in the Eastern District of Tennessee and the Northern District of Georgia, he has represented clients in these courts throughout his 27 years of the practice of law.
Ms. MacGregor received a B.A. in Zoology from Miami University in 2002. After working for several years in safety and compliance, she attended Michigan State University College of Law where she received her J.D., cum laude, in 2009.
While in law school, she served as an editorial board member of the Journal of Medicine and Law and was a law clerk for Legal Services of South Central Michigan.
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ABOUT US
McKoon, Williams, Atchley & Stulce, PLLC offers a full array of legal services to meet the needs of businesses and individuals. Our attorneys represent diverse backgrounds, interests and legal emphasis, but we share one common goal – providing the highest quality legal services to our clients through the combination of our talents, experience, and expertise. In each case, we strive to tailor those services to meet each client’s specific circumstances.
Overview Of Medicaid Planning In Chattanooga
Medicaid is an essential benefit for numerous people around the United States, specifically when an individual is in critical need for medical expenses to cover residence health care, assisted living services, nursing home stays or other expenditures. However, going by the belief that this protection will certainly be there is a little naive. As with any type of federal government program, you should intend and take the best steps to guarantee you've got the coverage you need.
What actions are important to take? Who is eligible for Medicaid, as well as exactly how can you get full benefits you are entitled to? These are thorny questions, especially for single and widowed people. Here's a total overview of Medicare/Medicaid planning from Chattanooga elder law attorneys at McKoon, Williams, Atchley & Stanley, PLLC, for individuals in such situations, so you could be certain you have the healthcare protection you require.
To start with, we would like you to pay attention that application process can be time-consuming and complicated. Therefore, you have to start planning ahead if you want to protect your assets while still having the ability to get your coverage. Unfortunately, there's a high risk of being rejected when you apply for Medicaid, especially if you're not familiar with how everything works. One must seek the professional help of a highly qualified Southern Chattanooga attorney to avoid such situations.
The very first thing to recognize prior to you look for Medicaid is what exemptions are. Single individuals can keep $2,000 in assets in their own name, which includes the cash value of life insurance policies, investment accounts, financial savings bonds, timeshare ownerships, individual retirement funds, and business interests if any. On top of that, the single applicant could maintain a single vehicle in their name. Lastly, if you have a legitimate intent to return home one day, your home becomes exempt.
Your home exemption is tricky, since lots of Medicaid recipients want to return home. The federal government, nonetheless, will look at the actual possibility of such scenario before exempting your home. Very often if the house is not protected in any other way (for example, in a trust), it is marketed to cover medical costs.
This could seem like a long period of time, however a solid course of action for Medicaid is a good five years. This is how far back the strategy will look in terms of your assets. This is crucial not just to be able to pass something to your loved or close ones, but to make sure that you have means to pay for those things that Medicaid does not cover, including long-term treatment and also various other significant medical costs.
As we have already mentioned, the first step you should take when preparing for Medicaid is to consult with a Chattanooga elder law attorney. With our huge professional experience, attorneys at At McKoon, Williams, Atchley & Stulce, PLLC know many ways to protect your assets. For example, it is possible to protect your assets with an asset protection trust. This is because legally your assets belong to the trust, though you are still able to access them.
Other alternatives to protect assets include personal annuities, promissory notes, caregiver agreements with your relatives, and so much more. Each of these has its own requirements as well as actions to set up. If you are looking to start your Medicaid preparation and also you require more info in the Chattanooga area, contact McKoon, Williams, Atchley & Stulce, PLLC for help today.
What actions are important to take? Who is eligible for Medicaid, as well as exactly how can you get full benefits you are entitled to? These are thorny questions, especially for single and widowed people. Here's a total overview of Medicare/Medicaid planning from Chattanooga elder law attorneys at McKoon, Williams, Atchley & Stanley, PLLC, for individuals in such situations, so you could be certain you have the healthcare protection you require.
Overview Of Medicaid Planning
To start with, we would like you to pay attention that application process can be time-consuming and complicated. Therefore, you have to start planning ahead if you want to protect your assets while still having the ability to get your coverage. Unfortunately, there's a high risk of being rejected when you apply for Medicaid, especially if you're not familiar with how everything works. One must seek the professional help of a highly qualified Southern Chattanooga attorney to avoid such situations.
Medicaid Exemptions
The very first thing to recognize prior to you look for Medicaid is what exemptions are. Single individuals can keep $2,000 in assets in their own name, which includes the cash value of life insurance policies, investment accounts, financial savings bonds, timeshare ownerships, individual retirement funds, and business interests if any. On top of that, the single applicant could maintain a single vehicle in their name. Lastly, if you have a legitimate intent to return home one day, your home becomes exempt.
Your home exemption is tricky, since lots of Medicaid recipients want to return home. The federal government, nonetheless, will look at the actual possibility of such scenario before exempting your home. Very often if the house is not protected in any other way (for example, in a trust), it is marketed to cover medical costs.
Your Course of Action
This could seem like a long period of time, however a solid course of action for Medicaid is a good five years. This is how far back the strategy will look in terms of your assets. This is crucial not just to be able to pass something to your loved or close ones, but to make sure that you have means to pay for those things that Medicaid does not cover, including long-term treatment and also various other significant medical costs.
Protecting Your Assets
As we have already mentioned, the first step you should take when preparing for Medicaid is to consult with a Chattanooga elder law attorney. With our huge professional experience, attorneys at At McKoon, Williams, Atchley & Stulce, PLLC know many ways to protect your assets. For example, it is possible to protect your assets with an asset protection trust. This is because legally your assets belong to the trust, though you are still able to access them.
Other alternatives to protect assets include personal annuities, promissory notes, caregiver agreements with your relatives, and so much more. Each of these has its own requirements as well as actions to set up. If you are looking to start your Medicaid preparation and also you require more info in the Chattanooga area, contact McKoon, Williams, Atchley & Stulce, PLLC for help today.
How To Overcome A DUI Charge In Tennessee
If for some reason you have failed a field sobriety test or blown over a. 08 on a breath examination in Tennessee, you may be thinking that a DUI charge is unavoidable. This is not always the case. The results of a field sobriety test and even a blood or urine test do not instantly lead to a conviction. The main purpose of the test results is to serve as an evidence that will be presented in court exist at trial but they are not determinant in a DUI case.
There are a number of ways to overcome a DUI charge in Tennessee. Most of them are connected with the mistakes in the procedure following the DUI stop as well as the blood alcohol content (BAC) determination. For instance, if the policeman that stopped you for DUI made a mistake in the police report or various other documents related to your arrest, the whole case against you may be undermined. Such a mistake casts doubt on the reliability of all information collected during the stop. It can likewise be used to decrease the reliability of the police officer.
It is also important to evaluate the certain conditions linked to the administration of the breath, blood, or urine test or the administration of the field sobriety test. These examinations have specific procedures which have to be adhered for the cause to be considered reliable. In some areas, police officers should be certified and specially educated to administer a breath test. Without appropriate training or if an error was made in the test administration, all collected results can be challenged in court.
In addition, the preliminary reason for the policeman stopping you could have serious effects for how your DUI trial will certainly proceed. A policeman must have a probable cause for stopping you as well as providing a field sobriety examination or breath examination. Were you driving unpredictably? Swerving? Moving in and out of lane lines? These could be reasons to validate potential cause, but they can likewise be tested. For example, some of these driving patterns can be explained by poor weather condition. If there are irrefutable proofs which can convince the court, the judge will find that there was no reason for the stop. As a result, evidence surrounding the stop and possible after the stop may be suppressed which means it would be inadmissible at trial. That also applies to the police officer's failure to read you your Miranda rights.
A Tennessee DUI charge is a severe issue and, though it is possible to efficiently overcome the DUI charge, it takes an experienced and detail-oriented Tennessee lawyer to find the weak points in the State's DUI case. At McKoon, Williams, Atchley & Stanley, PLLC our Chattanooga criminal defense attorneys understand that beating a DUI charge requires taking into account every single detail. We have an extensive understanding of DUI law as well as criminal procedure to fight for our customers. If you have been charged with a DUI in Tennessee, do not quit yet. Get in touch with the professional attorneys at McKoon, Williams, Atchley & Stanley, PLLC today online, or call (423) 756-6400 to set up a free appointment.
There are a number of ways to overcome a DUI charge in Tennessee. Most of them are connected with the mistakes in the procedure following the DUI stop as well as the blood alcohol content (BAC) determination. For instance, if the policeman that stopped you for DUI made a mistake in the police report or various other documents related to your arrest, the whole case against you may be undermined. Such a mistake casts doubt on the reliability of all information collected during the stop. It can likewise be used to decrease the reliability of the police officer.
It is also important to evaluate the certain conditions linked to the administration of the breath, blood, or urine test or the administration of the field sobriety test. These examinations have specific procedures which have to be adhered for the cause to be considered reliable. In some areas, police officers should be certified and specially educated to administer a breath test. Without appropriate training or if an error was made in the test administration, all collected results can be challenged in court.
In addition, the preliminary reason for the policeman stopping you could have serious effects for how your DUI trial will certainly proceed. A policeman must have a probable cause for stopping you as well as providing a field sobriety examination or breath examination. Were you driving unpredictably? Swerving? Moving in and out of lane lines? These could be reasons to validate potential cause, but they can likewise be tested. For example, some of these driving patterns can be explained by poor weather condition. If there are irrefutable proofs which can convince the court, the judge will find that there was no reason for the stop. As a result, evidence surrounding the stop and possible after the stop may be suppressed which means it would be inadmissible at trial. That also applies to the police officer's failure to read you your Miranda rights.
A Tennessee DUI charge is a severe issue and, though it is possible to efficiently overcome the DUI charge, it takes an experienced and detail-oriented Tennessee lawyer to find the weak points in the State's DUI case. At McKoon, Williams, Atchley & Stanley, PLLC our Chattanooga criminal defense attorneys understand that beating a DUI charge requires taking into account every single detail. We have an extensive understanding of DUI law as well as criminal procedure to fight for our customers. If you have been charged with a DUI in Tennessee, do not quit yet. Get in touch with the professional attorneys at McKoon, Williams, Atchley & Stanley, PLLC today online, or call (423) 756-6400 to set up a free appointment.
Who Gets The House In A Tennessee Divorce?
During a divorce, there is typically a fair bit of conflict over the marital property, since the family house is one of the most valuable possessions. In addition to the totally monetary aspects of the residence, leaving or offering the family home can be extremely emotional, particularly when kids are involved. That's why both parties wonder who gets the house in a Tennessee divorce?
This may upset many divorcing couples, but the truth is that there is no standard or precise answer which would fit every situation. Neither is there such thing as a 'standard division' of assets in Chattanooga such as the family house. It always depends on the particular situation of the marriage or civil partnership, and only an experienced Chattanooga family law attorney can help you with that.
Obviously, it is much better to come to an agreement (such as a division agreement) between you and your spouse about the splitting of assets, but when it's impossible this is where court intervention is supposed to make a fair decision.
When a court makes a decision on who get the house in a Tennessee divorce, it typically takes into consideration the following aspects:
Pay attention, that the first aspect in this list is children. You need to understand that the court will always seek to meet the interests of your children first, and only then the requirements of both parties. If the split of the house is inevitable, you still may have some choices on what to do. Here are some of them.
This is a good option as long as you have money in hand or are able to receive a new mortgage. The amount of money you pay doesn't have to be exactly half the worth of your residence. You can give up other marital property worth about as much as the selling spouse’s share. This could be a share of marital investments or retirement accounts.
You could release yourself from your ex-partner and also your home if you sell as well as split the money. You will not owe federal tax on your post-divorce residence sale profit if you comply with the following requirements:
- Your profit doesn't exceed the amount of $250,000 (declaring alone).
- The house was your main place of residence for two of the past five years.
- You have not utilized the home-sale profit exclusion in the past two years.
When kids are involved, often one parent will stay in the house together with them the other parent moves out during the divorce.
When the kids are grown up and moved out, the ex-spouses sell the home and split the profit. If you're the one that haven't lived in the family house in two of the previous five years, you could owe taxes on the profit from the house sale.
It's very rare when a family chooses to keep several houses, but this may happen especially in a high net divorce. The children stay in the original house and also the parents take turns living with them and also staying in their own residences after the divorce. If you split the expenses, you 'd each deduct the expenses you paid, such as mortgage interest and also property taxes.
Bear in mind that you can only deduct mortgage interest for a house you possess and from a mortgage you're obligated to pay.
Tennessee family law may be complicated and the correctness of the decision varies from case to case. To make it clear to you who will get the house in your divorce you should get in touch with a Chattanooga divorce attorney.
McKoon, Williams, Atchley & Stulce, PLLC offers a wide range of services to make sure your children are protected and you get what you deserve.
Pic: <a href="https://www.freepik.com/free-photo/businessmen-hold-house-model-in-hand_1181937.htm">Designed by Freepik</a>
This may upset many divorcing couples, but the truth is that there is no standard or precise answer which would fit every situation. Neither is there such thing as a 'standard division' of assets in Chattanooga such as the family house. It always depends on the particular situation of the marriage or civil partnership, and only an experienced Chattanooga family law attorney can help you with that.
Obviously, it is much better to come to an agreement (such as a division agreement) between you and your spouse about the splitting of assets, but when it's impossible this is where court intervention is supposed to make a fair decision.
What Aspects Court Considers
When a court makes a decision on who get the house in a Tennessee divorce, it typically takes into consideration the following aspects:
- Whether you have children under 18 in the marriage, their needs and interests, as well as whom they live with
- The age of each spouse
- The duration of the marriage
- The value of properties, both before, throughout and also after the marital relationship-- this could also consist of pension plans
- The potential income of each spouse and their obligations during the marital relationship (such as child-rearing) in the future
- What each spouse contributed to the marital relationship in terms of financial resources and assets (and also may contribute in the future towards the household's welfare)
- The standard of living throughout the marital relationship
- Disability if any party has it
- The unfavorable conduct of a spouse (although this is rare)
- The general needs of each party.
Pay attention, that the first aspect in this list is children. You need to understand that the court will always seek to meet the interests of your children first, and only then the requirements of both parties. If the split of the house is inevitable, you still may have some choices on what to do. Here are some of them.
Buy out your partner's half of the house
This is a good option as long as you have money in hand or are able to receive a new mortgage. The amount of money you pay doesn't have to be exactly half the worth of your residence. You can give up other marital property worth about as much as the selling spouse’s share. This could be a share of marital investments or retirement accounts.
2. Sell the house and divide the money
You could release yourself from your ex-partner and also your home if you sell as well as split the money. You will not owe federal tax on your post-divorce residence sale profit if you comply with the following requirements:
- Your profit doesn't exceed the amount of $250,000 (declaring alone).
- The house was your main place of residence for two of the past five years.
- You have not utilized the home-sale profit exclusion in the past two years.
3. Keep the house until your children move out
When kids are involved, often one parent will stay in the house together with them the other parent moves out during the divorce.
When the kids are grown up and moved out, the ex-spouses sell the home and split the profit. If you're the one that haven't lived in the family house in two of the previous five years, you could owe taxes on the profit from the house sale.
4. Keep the house and take turns living there
It's very rare when a family chooses to keep several houses, but this may happen especially in a high net divorce. The children stay in the original house and also the parents take turns living with them and also staying in their own residences after the divorce. If you split the expenses, you 'd each deduct the expenses you paid, such as mortgage interest and also property taxes.
Bear in mind that you can only deduct mortgage interest for a house you possess and from a mortgage you're obligated to pay.
Tennessee family law may be complicated and the correctness of the decision varies from case to case. To make it clear to you who will get the house in your divorce you should get in touch with a Chattanooga divorce attorney.
McKoon, Williams, Atchley & Stulce, PLLC offers a wide range of services to make sure your children are protected and you get what you deserve.
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My Business Partner Is Suing Me. What Should I Do?
Starting business is always risky and the end result - a successful trade agreement or unsuccessful bankruptcy process - mostly depends on its owners. In some circumstances, business partners fail to find a compromise and for many reasons one can sue another. Potential results from a lawsuit between partners can cause a dissolution of business, holding a partner directly liable for a breach of agreement, or even exclusion of one business owner from the business. Finding the best legal solution in this case depends on many factors, from the type of a lawsuit and partnership to the reasons which led to it. However, business attorneys from Mckoon, Williams, Atchley & Stulce, PLLC recommend to take these three steps upon receiving notice of being sued by another business partner.
My Business Partner Is Suing Me. What Should I Do?
Because the result of a claim between business partners can be so substantial, it is recommended to talk with an experienced Chattanooga business lawyer who is well-informed about the legal issues Chattanooga area businesses Face. With the help of a lawyer, you could find the best legal options that can be offered in your particular case as well as assistance with preparation to any kind of possible results. Even more, if the lawsuit continues to litigation, then a lawyer will already know all the details and be able to advocate on your behalf in the courtroom.
No business partnership can work without a partnership agreement which defines the rights and responsibilities of each partner to manage and conduct the business. Moreover, it describes the process and available damages to each partner in case of a legal action. However, not all of these provisions could be valid or enforceable, so it is important to have a lawyer to check out your partnership agreement and determine if it has any legal force. What is more important, our business lawyers at Mckoon, Williams, Atchley & Stulce, PLLC will definitely clarify the lawful terms of the partnership agreement, making certain that each business partner fully understands the provisions of a document and how they effect their rights and responsibilities.
Business documents will certainly be essential in any type of claim regarding the company. These consist of financial declarations, regulatory filings, as well as any kind of paper relevant to the lawsuit. Occasionally, during a legal action in between business partners, one of them could restrict access to these vital records. Consequently, it is necessary to retain a duplicate of your company records whenever possible. Furthermore, Mckoon, Williams, Atchley & Stulce, PLLC will require as much details as possible to be able to provide detailed advice on how best to proceed in a lawsuit.
Because a legal action by a business partner could have serious, far-ranging consequences for you and also your business, it is necessary for you to connect to a legal representative that could ensure your lawful rights are protected. McKoon, Williams, Atchley & Stulce, PLLC offers the knowledge, skill, and experience needed to help clients navigate the legal complexities inherent in Chattanooga business law matters, large and small. If you are looking for a lawyer, schedule a consultation. (Please do not include any confidential information in your inquiry.)
My Business Partner Is Suing Me. What Should I Do?
Get in touch with a Lawyer
Because the result of a claim between business partners can be so substantial, it is recommended to talk with an experienced Chattanooga business lawyer who is well-informed about the legal issues Chattanooga area businesses Face. With the help of a lawyer, you could find the best legal options that can be offered in your particular case as well as assistance with preparation to any kind of possible results. Even more, if the lawsuit continues to litigation, then a lawyer will already know all the details and be able to advocate on your behalf in the courtroom.
Check out the Partnership Agreement
No business partnership can work without a partnership agreement which defines the rights and responsibilities of each partner to manage and conduct the business. Moreover, it describes the process and available damages to each partner in case of a legal action. However, not all of these provisions could be valid or enforceable, so it is important to have a lawyer to check out your partnership agreement and determine if it has any legal force. What is more important, our business lawyers at Mckoon, Williams, Atchley & Stulce, PLLC will definitely clarify the lawful terms of the partnership agreement, making certain that each business partner fully understands the provisions of a document and how they effect their rights and responsibilities.
Collect Business Records
Business documents will certainly be essential in any type of claim regarding the company. These consist of financial declarations, regulatory filings, as well as any kind of paper relevant to the lawsuit. Occasionally, during a legal action in between business partners, one of them could restrict access to these vital records. Consequently, it is necessary to retain a duplicate of your company records whenever possible. Furthermore, Mckoon, Williams, Atchley & Stulce, PLLC will require as much details as possible to be able to provide detailed advice on how best to proceed in a lawsuit.
Because a legal action by a business partner could have serious, far-ranging consequences for you and also your business, it is necessary for you to connect to a legal representative that could ensure your lawful rights are protected. McKoon, Williams, Atchley & Stulce, PLLC offers the knowledge, skill, and experience needed to help clients navigate the legal complexities inherent in Chattanooga business law matters, large and small. If you are looking for a lawyer, schedule a consultation. (Please do not include any confidential information in your inquiry.)
Which Restrictions Are Legal In Employment Agreements?
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The law obliges all types of businesses and companies to conclude an agreement with their employees to secure both sides. Employment agreements also ensures that certain guidelines and rules remain in place, and the business also could impose limitations on employment that could cause fines for certain behavior. Meanwhile, the business should follow both state and labor laws as well as federal wage and labor standards.
Protecting the intellectual property and confidential information within the company is essential for its operating. It is possible to enforce limitations that are practical and also ideal for the sort of information that employees will have to deal with during the working process. By developing as well as applying limiting contracts, the employer could offer a base of valid yet legit and secure activity both in and out the working space. This is possible through specific methods and legal responsibilities in agreements with workers such as the nondisclosure agreement, non-compete contract and various confidentially forms. It is also necessary that the proprietor has a lawyer to ensure such documents are enforceable in a law court. So, which restrictions are legal in employment agreements?
This is one of the most typical restrictions that can be found in almost any employment agreement. Confidentiality restrictions are designed to protect the company from an employee disclosing its information to third parties by allowing the employer to claim for injunctive and financial damages. Considering the last incident occurred to Elon Musk and his Tesla, Inc., where disgruntled employee hacked the system and stole confidential information, it is no small thing. It could additionally limit the use of confidential information by the worker while employed. The type of data that could be restricted is practically unlimited.
Employment contracts can consist of constraints on termination. These restrictions could supersede any state law that presumes "at-will" employment. At-will employment suggests that either the employer or staff member may end the employment for any type of reason (or no reason) except for provided for by legislations securing workers from discrimination and various other illegal practices. Employment agreement could have "for cause" constraints that don't necessarily imply misbehavior but can consist of "continued incapacity to perform" or a few other given reason. If the term "cause" is not specified in the contract, the courts will need to determine what exactly the parties implied by the term.
In some situations, an employer will seek ways to protect the company from staff members taking customers or trade secrets should they leave. Because of the market being over-flooded, it is essential to stand out of the crowd of your competitors. To accomplish this, the employer puts non-compete restrictions in the employment agreement. However, numerous states have actually recognized such limitations invalid. For example, in Tennessee non-compete agreements or restrictive covenants are not always enforceable and are generally not favored by the courts. To determine whether such restriction is legal, courts review the possible risks the employer could face without it and the economic hardship imposed on the employee by the agreement.
The other types of restrictions may concern relationships with colleagues or the employer. For example, under the non-disparagement clauses, employee is prevented from saying negative or disparaging things about the employer. To avoid any interference into the relationships between the employer and customers or vendors, non-interference restrictions may be included in the employment agreement. Non-solicitation restrictions protect against the worker approaching other workers for the purpose of getting them to leave the firm.
Whether you are an employee or employer, you should remember that the main purpose of employment agreements is to maintain confidence in the both parties interests during employment. It is strongly recommended to search for legal assistance while signing or concluding such type of agreements.
If the former or existing worker encounters unnecessary hardship for agreements as well as restrictive agreements, they could need to work with an attorney to seek a situation against the employer. The Chattanooga employment law attorneys of McKoon, Williams, Atchley & Stulce, PLLC, will work hard to shield the client from negative impact on the business or industry and seek a positive outcome. Contact us today!
The law obliges all types of businesses and companies to conclude an agreement with their employees to secure both sides. Employment agreements also ensures that certain guidelines and rules remain in place, and the business also could impose limitations on employment that could cause fines for certain behavior. Meanwhile, the business should follow both state and labor laws as well as federal wage and labor standards.
Protecting the intellectual property and confidential information within the company is essential for its operating. It is possible to enforce limitations that are practical and also ideal for the sort of information that employees will have to deal with during the working process. By developing as well as applying limiting contracts, the employer could offer a base of valid yet legit and secure activity both in and out the working space. This is possible through specific methods and legal responsibilities in agreements with workers such as the nondisclosure agreement, non-compete contract and various confidentially forms. It is also necessary that the proprietor has a lawyer to ensure such documents are enforceable in a law court. So, which restrictions are legal in employment agreements?
Confidentiality Restrictions
This is one of the most typical restrictions that can be found in almost any employment agreement. Confidentiality restrictions are designed to protect the company from an employee disclosing its information to third parties by allowing the employer to claim for injunctive and financial damages. Considering the last incident occurred to Elon Musk and his Tesla, Inc., where disgruntled employee hacked the system and stole confidential information, it is no small thing. It could additionally limit the use of confidential information by the worker while employed. The type of data that could be restricted is practically unlimited.
Termination Restrictions
Employment contracts can consist of constraints on termination. These restrictions could supersede any state law that presumes "at-will" employment. At-will employment suggests that either the employer or staff member may end the employment for any type of reason (or no reason) except for provided for by legislations securing workers from discrimination and various other illegal practices. Employment agreement could have "for cause" constraints that don't necessarily imply misbehavior but can consist of "continued incapacity to perform" or a few other given reason. If the term "cause" is not specified in the contract, the courts will need to determine what exactly the parties implied by the term.
Non-Compete Restrictions
In some situations, an employer will seek ways to protect the company from staff members taking customers or trade secrets should they leave. Because of the market being over-flooded, it is essential to stand out of the crowd of your competitors. To accomplish this, the employer puts non-compete restrictions in the employment agreement. However, numerous states have actually recognized such limitations invalid. For example, in Tennessee non-compete agreements or restrictive covenants are not always enforceable and are generally not favored by the courts. To determine whether such restriction is legal, courts review the possible risks the employer could face without it and the economic hardship imposed on the employee by the agreement.
Other Restrictions
The other types of restrictions may concern relationships with colleagues or the employer. For example, under the non-disparagement clauses, employee is prevented from saying negative or disparaging things about the employer. To avoid any interference into the relationships between the employer and customers or vendors, non-interference restrictions may be included in the employment agreement. Non-solicitation restrictions protect against the worker approaching other workers for the purpose of getting them to leave the firm.
Legal Assistance in Employment Agreements
Whether you are an employee or employer, you should remember that the main purpose of employment agreements is to maintain confidence in the both parties interests during employment. It is strongly recommended to search for legal assistance while signing or concluding such type of agreements.
If the former or existing worker encounters unnecessary hardship for agreements as well as restrictive agreements, they could need to work with an attorney to seek a situation against the employer. The Chattanooga employment law attorneys of McKoon, Williams, Atchley & Stulce, PLLC, will work hard to shield the client from negative impact on the business or industry and seek a positive outcome. Contact us today!
Bankruptcy Options For Small Business
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Many small business companies stop working because of various factors, and frequently find themselves faced with deciding if filing for bankruptcy protection can improve the situation. Bankruptcy is a procedure you experience in federal court, designed to help your organisation get rid of or settle its financial debt under the guidance and protection of the bankruptcy court. Business bankruptcies are typically described as either liquidations or reorganizations depending upon the type of bankruptcy you take.
Depending on your company type, there are three bankruptcy options available for you. Sole proprietors are lawful extensions of the owner. The owner is accountable for all properties as well as debts of the company. A sole proprietor can choose between Chapter 7, Chapter 11, or Chapter 13 of the Bankruptcy Code. Corporations and partnerships are legal entities separate from their owners. Because of this, they can file for bankruptcy protection Chapter 7 or Chapter 11.
Chapter 7 bankruptcy may be the most effective choice when the business has no future. It is generally described as liquidation. It is generally used when the debts of business are so overwhelming that restructuring them is not feasible.
Chapter 7 is also a good option when business does not have any kind of significant possessions. If a service is simply an expansion of a specific proprietor's skills, it normally does not pay to reorganize. Chapter 7 bankruptcy generally suggests that the business is dissolved.
In Chapter 7 bankruptcy, a trustee is appointed by the bankruptcy court to seize the assets of business as well as distribute them among the creditors. Once creditors got what they lent and the trustee is paid, a sole proprietor obtains a "discharge" at the end of the case.
A discharge means that the business owner is released from any type of responsibility for debts. On the other hand, partnerships and corporations do not receive a discharge.
Chapter 11 is a better solution for business that might have a future. Chapter 11 is a strategy where a company reorganizes and keeps on working. It is reorganized under a court-appointed trustee. In this case, the business owner might in fact be the trustee him/herself.
The company should provide a detail plan of reorganization outlining how it will handle its creditors which later vote on the plan. If the court considers your strategy to be fair and equitable, chances are your plan will be approved.
According to such reorganization plans, the company may be able to make payments to creditors for as long as twenty years. This may be useful if the amount of money is big and cannot be paid in the short term. However, Chapter 11 may be exceptionally complex and complicated if you're not working together with an experienced Chattanooga Bankruptcy attorney. It usually takes over a year to confirm a plan without professional legal help.
Though Chapter 13 bankruptcy is intended for reorganization of personal assets and properties, it still can be used for sole proprietors. You file a repayment plan with the bankruptcy court outlining exactly how you are going to settle your financial debts.
The amount you need to pay back depends on not only how much you owe, but also your income and assets you own. If your personal assets are entailed with your company ones (this is typically the case for sole proprietors), you can stay clear of problems such as losing your house if you submit Chapter 13 versus Chapter 7.
As you can see, there are many options for a business that faces financial difficulties. But which to choose? McKoon, Williams, Atchley & Stulce, PLLC recommends to consult with a good Chattanooga bankruptcy attorney prior to making such an important decision. Our services range from debt consolidation to representing your interests in bankruptcy court – and everything in between. Call us today for a free consultation and start the process of getting your business back on track.
Many small business companies stop working because of various factors, and frequently find themselves faced with deciding if filing for bankruptcy protection can improve the situation. Bankruptcy is a procedure you experience in federal court, designed to help your organisation get rid of or settle its financial debt under the guidance and protection of the bankruptcy court. Business bankruptcies are typically described as either liquidations or reorganizations depending upon the type of bankruptcy you take.
Depending on your company type, there are three bankruptcy options available for you. Sole proprietors are lawful extensions of the owner. The owner is accountable for all properties as well as debts of the company. A sole proprietor can choose between Chapter 7, Chapter 11, or Chapter 13 of the Bankruptcy Code. Corporations and partnerships are legal entities separate from their owners. Because of this, they can file for bankruptcy protection Chapter 7 or Chapter 11.
Business Bankruptcy - Chapter 7
Chapter 7 bankruptcy may be the most effective choice when the business has no future. It is generally described as liquidation. It is generally used when the debts of business are so overwhelming that restructuring them is not feasible.
Chapter 7 is also a good option when business does not have any kind of significant possessions. If a service is simply an expansion of a specific proprietor's skills, it normally does not pay to reorganize. Chapter 7 bankruptcy generally suggests that the business is dissolved.
In Chapter 7 bankruptcy, a trustee is appointed by the bankruptcy court to seize the assets of business as well as distribute them among the creditors. Once creditors got what they lent and the trustee is paid, a sole proprietor obtains a "discharge" at the end of the case.
A discharge means that the business owner is released from any type of responsibility for debts. On the other hand, partnerships and corporations do not receive a discharge.
Business Reorganization - Chapter 11
Chapter 11 is a better solution for business that might have a future. Chapter 11 is a strategy where a company reorganizes and keeps on working. It is reorganized under a court-appointed trustee. In this case, the business owner might in fact be the trustee him/herself.
The company should provide a detail plan of reorganization outlining how it will handle its creditors which later vote on the plan. If the court considers your strategy to be fair and equitable, chances are your plan will be approved.
According to such reorganization plans, the company may be able to make payments to creditors for as long as twenty years. This may be useful if the amount of money is big and cannot be paid in the short term. However, Chapter 11 may be exceptionally complex and complicated if you're not working together with an experienced Chattanooga Bankruptcy attorney. It usually takes over a year to confirm a plan without professional legal help.
Personal Bankruptcy - Chapter 13
Though Chapter 13 bankruptcy is intended for reorganization of personal assets and properties, it still can be used for sole proprietors. You file a repayment plan with the bankruptcy court outlining exactly how you are going to settle your financial debts.
The amount you need to pay back depends on not only how much you owe, but also your income and assets you own. If your personal assets are entailed with your company ones (this is typically the case for sole proprietors), you can stay clear of problems such as losing your house if you submit Chapter 13 versus Chapter 7.
As you can see, there are many options for a business that faces financial difficulties. But which to choose? McKoon, Williams, Atchley & Stulce, PLLC recommends to consult with a good Chattanooga bankruptcy attorney prior to making such an important decision. Our services range from debt consolidation to representing your interests in bankruptcy court – and everything in between. Call us today for a free consultation and start the process of getting your business back on track.
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