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Should I waive my age discrimination rights at work?

As you grow older, it can be increasingly difficult to remain vital and present in the workplace. The pace of commerce and the constant changes to business methods and tools require older employees to stay on top of these issues. On top of these struggles, many older employees find themselves treated unfairly because of their age.

In many cases, older employees can protect themselves against age discrimination using the Age Discrimination in Employment Act (ADEA). But what if an employer asks them to waive their age discrimination rights in order to receive a severance package or some other consideration?

Is your business responsible for a slip-and-fall accident?

As a business owner, one of the most frustrating things you can deal with is a potentially fraudulent slip-and-fall accident on your business's property. While it is important to provide adequate safety and protection for your customers and others, it is also important to understand how to defend yourself against a fraudulent personal injury claim by an individual who is hoping to take advantage of you.

If some party claims that you bear responsibility for their injury on your property, are you always on the hook? No, business owners are not always liable, but face some significant difficulty proving this in the eyes of the court.

Protecting your parenting time with your child

As a parent who shares parenting responsibilities and privileges, you understand just how important it is to protect your parenting time. No matter what custody or visitation plan you have with your child's other parent, if the other parent obstructs the time that you have with the child, it is not only frustrating, it is potentially illegal. Parenting time interference is a serious problem that affects many parents throughout the country, many of whom do not realize that they may have legal actions they can take to protect this precious right.

Any time that one parent meaningfully interferes with the other parent's time with the child or ability to maintain and grow a relationship with the child, it may constitute parenting time interference. In some cases, parenting time interference is a punishable offense, and may result in the offending parent losing parenting privileges or even facing criminal charges, if the violation is severe enough.

You should always consider a prenuptial agreement

Too many couples forego the important protections prenuptial agreements offer, especially those who are very young or considering marriage for the first time. For many years, prenuptial agreements were primarily used by rich families to help protect family assets or children by a former spouse from losing portions of their inheritances.

While these protections still exist, they are not the only protections that couples may enjoy. For instance, a couple may use a prenuptial agreement to keep their respective student loans separate. Without setting up some specific separations, when the couple marries, they join their assets and liabilities. This means that each spouse may get stuck one day with the other's student loans or other debts.

If it seems like infringement, is it really?

When one party uses a mark that another party believes represents their brand, it is always possible that some infringement has occurred. Copyright infringement is a very serious matter, and can lead to costly legal consequences, so it is always important to understand the nuances of this complex field before choosing the elements that represent a company or product.

However, in some instances, two different entities may use substantially similar branding elements or other marks and symbols without practically infringing on each other's commerce. The law recognizes that two parties with substantially different products and clients may not actually infringe one another by using similar marks and branding elements on their respective products.

Car accidents on the job

Work-related accidents can happen in any profession, and often don't even occur in a traditional workplace. For many workers who drive a company vehicle or leave the workplace for business purposes, it is possible to experience a car accident that qualifies as work-related. If you believe you recently suffered a work-related car accident, you may have a number of legal options available.

When an employee experiences a car accident in the line of their work duties, the incident generally falls under the principle of vicarious liability. Vicarious liability means that an employer bears responsibility for the accident because the employee experienced it while ostensibly performing work duties or otherwise under the umbrella of employment. If an accident does qualify as work-related, even if the employee caused the accident with his or her own negligence, then the employee may have grounds to file a workers' compensation claim to cover the medical costs associated with the accident and other losses.

Limitations in prenuptial agreements

Using a prenuptial agreement is often an excellent way to protect the interests of both spouses in a marriage, especially in Louisiana, where we are subject to community property division guidelines. However, it is important to understand that prenuptial agreements have some very clearly defined limitations that may impact the way you and your future spouse approach the process. If a prenuptial agreement contains faulty terms that do not hold up under the scrutiny of a court, then the entire agreement is vulnerable.

Two issues that commonly sink prenuptial agreements are child support and custody issues. It is completely understandable that couples may wish to include terms surrounding these issues, because they are frequently two of the most contentious issues in any divorce. However, courts see these issues as their territory to determine, not that of a child's parents.

Using business valuation during a divorce

Couples with complex assets often find that reaching equal property division is the most difficult aspect of seeking divorce in Louisiana. Our divorce laws require that spouses each receive an equal share of a couple's marital assets, rather than allowing couples to reach a divorce agreement that they both agree is "equitable."

Of course, the more complicated the assets a couple holds, the more difficult it often can prove to divide these equally to the satisfaction of both the spouses and the court. It is easy to see how many couples with complex assets who face divorce in Louisiana may worry that what could be a civil, respectful process for some is sure to be a lengthy, difficult battle in their case.

Why might a court terminate parental rights?

When two parents choose to split up, they must address the issues surrounding the upbringing of their child and which parent will retain primary physical and legal custody of the child. Often, this significantly restricts the rights of one parent or the other. In most cases, raising a child separately does not completely terminate the parental rights of either party, but there are certain circumstances under which these rights may terminate.

A court may choose to terminate parental rights for a parent under variety of circumstances, mostly having to do with a dangerous relationship between that parent and the child or a parent's serious lack of ability to support the child in a meaningful way.

New tax bill may affect alimony negotiations

With the new tax law, a number of deductions often taken for granted are no longer valid. One of the most crucial changes for divorcing couples to understand is how the new law affects alimony and how each party must report those alimony payments come tax time. If you and your spouse face divorce in 2018, be sure that you understand how these changes affect you.

Until the passage of the recent tax overhaul, alimony was considered part of the receiving party's gross income, and paying parties could deduct these payments from their overall tax burden on their tax returns. Under the new law, this is no longer possible.

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