How Do I Transfer Ownership of My Business to My Child?

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The Philadelphia Business Lawyers at Sidkoff, Pincus & Green Help Clients With Family Business Matters.

Family businesses, also known as closely-held businesses, are owned, controlled, and often operated by a single family, whether it be siblings or parents and their children. It is common for these businesses to eventually be passed down to the next generation in the family.

When done correctly, transferring business ownership to your children can ensure security and income. When transferred incorrectly, it can jeopardize both the business and family relationships. The successful transfer of the ownership of your business to your child is complex and requires careful planning. The reality is, there are nearly as many ways to transfer a family business as there are types of businesses. It is important to have a thorough discussion with an experienced business lawyer who knows how to accomplish your goals with regard to your family and complete financial picture.

What Are Some Ways Businesses Can Be Transferred to Children?

There is no question that handling a family business is an essential part of planning your estate. The following are some ways a business can be transferred to your children:

  • Include it in your will: You can simply put your interest in the business to your children in your will. This allows you to maintain complete control of the business for as long as you live, and your children to benefit from future ownership as they learn to manage the business. The downside to this route is the concern that as owners get older, they may not be able to fully run the company’s affairs. There are often tax advances to transferring all or part of the business while you are alive.
  • Gift it now: You can give your children part or all of the business now. You may have to pay a gift tax, but the lifetime exclusion is large, so there may be little or no gift tax to pay, at least through the end of the year. A major advantage of gifting is that any future appreciation in the value of the business will be excluded from your estate, and not subject to estate tax when you die. A disadvantage is that your children’s tax basis in the business will be the same as yours today, rather than a “stepped up” basis, which would be equal to the value at the date of death if they inherited ownership.
  • Sell to your children: Owners often want to transfer ownership while they are still living, but continue to receive income from the business. In these cases, a good option for owners is to sell the business to their children.
  • Transfer the business to a trust: You may also sell or give an interest in the business to a trust for the benefit of your children. This is advantageous because it protects the children’s interest from creditors and ex-spouses. Other advantages to trusts are that they can help avoid capital gains tax on the sale of the trust assets, and avoid income tax on interest payments from the trust to the owner.

Many of the above options could be combined to meet your family business needs. If you have only one child, and that child is qualified and also wants to run the business, the transferring process is fairly straightforward. When none of these three things are the case, transferring family business ownership can become much more complicated. For these reasons, it is strongly recommended to work with a skilled business lawyer to ensure that your specific goals are met.

The Philadelphia Business Lawyers at Sidkoff, Pincus & Green Help Clients With Family Business Matters

If you are looking to transfer the ownership of your business to your children, the knowledgeable Philadelphia business lawyers at Sidkoff, Pincus & Green are here to assist you. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we represent clients throughout Pennsylvania.

How Often Do Business Contracts Need to Be Updated?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Protect Clients and their Business Contracts.

The use of contracts is standard and necessary practice among most businesses. When businesses allow lawyers handle major aspects of a company’s contracting process, or there is a contract management team to oversee the business portfolio, oversights that could have become problematic for businesses can be avoided.

Managing business contracts can be more complicated that many realize. It is easy for finer details to slip through the cracks when circumstances change without the contract being appropriately adjusted. When running a business or working on a specific project, it is essential to keep business contracts clear, up-to-date, and understood by all parties involved.

What Types of Business Contracts Need to Be Updated?

There are many kinds of agreements that businesses rely on to keep operations and projects running smoothly. Some types of business contracts that should be updated regularly include:

  • Buy-and-sell contracts
  • Client or customer agreements
  • Commercial leases and real estate contracts
  • Employment agreements
  • Equipment leases
  • Financial agreements, including loan documents
  • Non-compete agreements.
  • Non-disclosure and confidentiality agreements
  • Privacy policies
  • Service provider or supplier agreements
  • Shareholder or partnership agreements
  • Software licenses
  • Terms of use contracts
  • Website contracts

Why Should Business Contracts Be Regularly Updated?

Even when business contracts and related agreements are drafted by a lawyer, they still to remain living, breathing documents. A document that gets written for a business today may not always be the document needed tomorrow, as neither business nor laws are stagnant. The terms and conditions of a business contract need to evolve and vary with the growth and development of the company.

When renewing a company’s terms and conditions in a business contract, consideration should be given to the following:

  • Any verbal arrangements in place
  • Implied terms of the contract
  • Regulation and legislation with regard to provision of services and compulsory disclosures to customers
  • Industry practices and professional best practice rules
  • Company policies

It is crucial for businesses to review and renew their contracts regularly to ensure that terms and conditions reflect a company’s current operational feasibility, business arrangements with customers, and regulatory standards in place for businesses.

Terms and conditions of contracts enhance businesses and provide legal protections should any problems arise. There are several reasons companies should continuously update their business contracts, including the following:

  • Keeps company compliant with laws and regulations
  • Minimizes and manages dispute risk
  • Provides alternative methods to mitigate litigation risk, such as arbitration or mediation dispute resolution
  • Protects company’s intellectual property
  • Limits company’s liability and reputational risk
  • Sets expectations, securing a valuable working relationship

How Often Should Business Contracts be Updated?

How often certain contracts should be reviewed and updated can vary depending on the nature and scope of each agreement. The following is a general guideline as to when to update different kinds of business contracts:

  • Every two years: Not many business documents only need to be updated occasionally, but there are a few. Company contracts, such as operating agreements and other general records, usually fall into this category. Certain situations may necessitate a specific review prior to the two-year mark, such as the departure of a partner or change in ownership.
  • Annually: The general rule is, that when in doubt as to when a business contract should be reviewed or updated, the safest practice is once a year. Multiple agreements have one-year terms, including leases, licensing contracts, non-disclosure, or confidentiality agreements.
  • Biannually: Some contracts need to be reviewed more frequently than the most common one-year mark. Financing and professional service agreements warrant additional oversight to ensure the company is on track to fulfill all obligations. Professional services contracts can often involve substantial fee agreements with accountants or attorneys, so companies should check that they are getting an appropriate value.
  • Quarterly: the increased frequency of quarterly contract reviews can catch matters that could lead to bigger issues. Quarterly assessments can also be necessary for budgeting and reporting purposes like payroll and tax matters.
  • Monthly: Some business contracts are simply of a short duration, of an extremely high value, or with relatively unreliable partners. These types of contracts require diligent oversight and frequent communication.

All updates to business contracts should be discussed, agreed upon, and signed by every involved party. Hiring a knowledgeable Philadelphia employment lawyer can help your business avoid serious problems like breach of contract. Having a skilled employment lawyer by your side can ultimately save you time and money, a civil lawsuit, and the reputation of your company.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green Protect Clients and their Business Contracts

Reach out to one of our accomplished Philadelphia employment lawyers at Sidkoff, Pincus & Green for all your legal business needs. Call us today at 215-574-0600 or contact us online for a free consultation. From our office in Philadelphia, we serve clients throughout Pennsylvania and New Jersey.

What Happens if Multiple Siblings Inherits a Business?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Assist Business Owners with Estate and Family Planning.

To many owners, leaving the family business to the next generation can be daunting, as most parents want to focus more on equality and fairness when dividing the estate and business among multiple children. However, this is not always the soundest decision for the continued success of the business, and frequently leads to family conflict.

“Fair” does not always mean “equal,” particularly if one child has taken an interest and devoted their adult career to help running the family business, but another child chose a different career path altogether. An equal division in this scenario would likely not be considered fair by either child, yet 60 percent of business owners report planning to divide their businesses equally among their children regardless.

There are a number of avenues toward an equal inheritance for all children, without equally dividing the family business, especially when not all are interested in taking succession of the business, such as:

  • Recapitalize the business and divide the money equally among the children.
  • Develop voting and non-voting stock for family members, allowing the children who want to manage the business more say in day-to-day operations and direction.
  • Utilize life insurance policy death benefits with larger shares of the insurance payouts distributed to the children not receiving ownership in the business.

Planning for the transfer of your business to heirs should be developed in the early stages of your business’s establishment for the business to endure in the event of your untimely death. When deciding on what percentage of the business you plan to transfer to your children, carefully consider:

  • Whether the business should be divided equally between children currently involved in the business and those who are not.
  • What other assets are available for the children who are not involved in the business and whether they are equal.
  • Should children outside the business inherit liquid assets as opposed to the illiquid assets those working in the business will inherit.
  • Whether you should provide those currently working in the business with early inheritance today through ownership versus waiting until your death to inherit along with their siblings not involved in the business.

Your wealth, the business’s wealth, estate and income tax, and probate laws will change over time, so making a habit of regularly reviewing and updating the plan for your business to reflect these changes is also crucial for succession.

Have open and frank discussions with your children regarding your plan for the business. Doing so manages their expectations and begins preparing them for the responsibilities of managing the business and allows it to continue operating seamlessly. Explain your reasoning behind your decisions and the goals you have set for the continued operation of the business in your absence. If you anticipate discussions may be contentious between siblings, include your attorney, accountant, or other trusted advisors to help facilitate the meeting and frame the discussions.

In today’s world, it is not uncommon for children to not receive inheritances until they are in their 50s and 60s due to longer life expectancies now. At this stage of your children’s lives, they are likely well-established in their own careers, in or out of the family business. You may determine that lifetime gifting during crucial milestones in your children’s lives is more beneficial for the entire family and ownership transfers through gifts, sales, or equity compensation may be better options than an equal division. These methods also offer a smoother transition to the next generation and helps avoid disputes over your intentions regarding inheritance.

Estate planning can be a complicated and emotional experience but acknowledging the emotional impact of inheritances and prior decision-making allows you satisfy all of your heirs and solidifies the longevity of your family business.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Assist Business Owners with Estate and Family Planning

If you are a business owner, you want your business to thrive well into the future through your family’s generations. With careful decision-making and estate planning, you can ensure that your children and your business will be well taken care of following your death. The experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. can help you develop a sound plan that benefits everyone. Call us at 215-574-0600 or contact us online to schedule an initial consultation. We are located in Philadelphia and serve clients throughout Pennsylvania and New Jersey.

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Are Algorithms Not Showing Equal Job Opportunities to Men and Women?

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The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green, P.C. Fight Against Sex and Gender Discrimination in Employment.

The days of searching the newspaper classifieds for open positions are long gone: potential employees now use sites such as Indeed, LinkedIn, Craigslist, and various social media platforms. But each one of the online job sites and social media sites are controlled by artificial intelligence-based algorithms. These algorithms ultimately control the specific jobs you will see when doing a search. There has been a question as to whether the algorithms are changing the results of job queries based upon the searcher’s gender. A new study by the University of Melbourne has shed some light on this real phenomenon in a report titled “Ethical Implications of AI Bias as a Result of Workforce Gender Imbalance.”

Women Are Not Being Shown Certain Job Ads and Listings

The data found in the study indicate that when job seekers use job sites and perform search queries, specific jobs will not be shown to job seekers who have identified as female. When male and female candidates perform the same job search query, specific high-paying jobs are shown to the male candidates but not the female candidates, even though the candidates have the same or similar qualifications.

This problem is most prevalent in high-paying technical jobs that have traditionally been male-dominated, which is believed to be one of the causes of biased AI algorithms. This can skew search results for women when they are performing searches for open positions in these industries.

Gender Bias in Algorithms Are Attributable to Humans

The gender bias that is found in AI algorithms are not caused by the algorithms themselves, but the gender bias that humans already have. Our own bias in encoded into the system due to the various datasets that the algorithms use. The University of Melbourne study found that human recruiters, on average, consistently rank female candidates lower in qualifications for finance jobs, technical jobs, and data analyst positions. The rankings were not even close to financial industry positions where female candidates were ranked four places lower than male candidates, even though each candidate presented with essentially the same qualifications on their resumes.

Surprisingly, the study also found that there was minimal difference in the rankings of candidates between male and female recruiters. So, it did not matter if the recruiter was male or female, they all consistently ranked women candidates lower than male candidates for jobs in certain industries.

The Philadelphia Employment Lawyers at Sidkoff, Pincus & Green, P.C. Fight Against Sex and Gender Discrimination in Employment

If you believe you have experienced discrimination in the workplace or in hiring practices, you need to contact a knowledgeable and skilled employment law attorney to get your questions answered. Our Philadelphia employment lawyers at Sidkoff, Pincus & Green, P.C. have decades of experience in successfully fighting for the rights of women and other protected classes that suffer from employment discrimination. Call us at 215-574-0600 or contact us online to schedule a consultation at our Philadelphia law office. We represent clients in South Jersey and throughout Pennsylvania and New Jersey.

What Should I Consider When Selling My Business?

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If You Are Selling Your Business, Contact the Knowledgeable Philadelphia Business Lawyers at Sidkoff, Pincus & Green .

Business owners put l time, energy, and hard work into establishing and growing their businesses. Whether your business is successful or not, there may come a time when you decide to sell your business. Even if the time is not now, you should always have a plan and strategy for when the situation to sell arises.

Preparation is Key to Success

Selling your business will probably be one of the most important decisions you will make in your life. You get one chance to price your business accordingly to reflect your effort and success. You should also determine your priorities, evaluate the timing of the sale, and assemble an expert team to help you with the sales process. You also need to understand the ethical and legal duties you face as you exit your business.

Before you start the sales process to sell your business, you must understand the steps involved. Read on to understand some factors to consider to ensure a successful sale.

  • Determine what you want from the sale
  • Define your priorities
  • Gather professional advice
  • Negotiate a good price
  • Establish acceptable terms

Finally, you must go into the sale knowing what you want to achieve: what are your non-negotiable items? What items are negotiable? If you do not firmly believe in your end result, you are less likely to end up in the best possible position.

Five Factors to Know Before Selling Your Business

Business sales plans differ based on business size, complexity, and financial standing. Learn about the top five factors every business owner should consider before selling.

  1. Business Structure and Ownership

Your business structure and the individuals who claim ownership will affect the sale of your business.

Are you the sole proprietor/owner of your business? The decisions around the sale are solely up to you and require fewer formalities.

If your business is set up as a limited liability company (LLC) or corporation, all members or shareholders must agree on the sale. This agreement can even be a corporate resolution, usually dictated by the operating agreement or bylaws of the company.

  1. Due Diligence

When selling a business, due diligence matters. You will be better off if you are more prepared, organized, and thorough with all business dealings and asking for the total value of your business.

You should always protect yourself and your business information when trying to sell your business. Before disclosing private information about your business, protect yourself by asking the potential buyer to sign a confidentiality agreement. Be prepared that most buyers will want to see the company’s financial records.

  1. Employees

Employees make up an essential part of your business. Each individual needs to be evaluated with care when considering the sale of your business. The sale of your business should never be a surprise. You should discuss the deal with employees beforehand and talk to potential buyers about your employees.

  1. Value

Pinpointing the exact value of a business can be complex. You have likely put years of work into it. You are probably full of emotions, but you should be realistic when setting a price for your business.

It would help if you researched or sought help to determine the realistic value of your business. You can consult with a CPA or lawyers or hire a business evaluator to determine what value the marketplace has for your business and structure your sale appropriately.

  1. Financials

The sale of your business depends on your finances and the buyer’s finances. The buyer is responsible for securing the agreed-upon purchase price of a business. If the buyer is low on cash, financial companies help finance the transaction. Sometimes, a buyer may not have enough cash to pay the entire price. Then, a financial business will step in to provide guidance and loans to finance the sale.

Selling your business is a big step. The process will be much easier if you plan and consider the many factors that go into this big decision. The final sale should be a success with a good strategy, sound advice, and a thorough plan.

If You Are Selling Your Business, Contact the Knowledgeable Philadelphia Business Lawyers at Sidkoff, Pincus & Green

 

The experienced Philadelphia business lawyers at Sidkoff, Pincus & Green can provide the guidance and expertise you need when you decide to sell your business. We represent clients throughout South Jersey, Pennsylvania, and New Jersey. You can call 215-574-0600 to schedule an initial consultation at our Philadelphia law office.

How to Fight a Racist Work Environment?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Clients Experiencing Racial Discrimination and Equality at Work.

Racial discrimination is an ongoing global issue affecting every area of life, including the workplace. The problem of workplace racism can be addressed if corporate leaders commit to identifying and correcting racial discrimination within the policies, processes, leadership, and staff, among other avenues. As organizations are making conscious efforts to improve diversity, equality, and inclusion, eliminating racism is a crucial starting point.

What Does Racism Look Like in the Workplace?

Racism in any environment can take many forms, including in the workplace, but some overall examples of workplace racism include:

  • Direct: Racial discrimination directly at one individual specifically due to their race, resulting in unfair treatment, demoted or denied promotions, not being allowed to interface directly with clients, and more.
  • Indirect: Racial discrimination through the employer’s policies or decisions that put individuals of a particular race at a disadvantage, specifically due to their race. Discrimination in those form could be policies such as a ban on certain types of headwear or hairstyles that directly affect employees of certain races.
  • Harassment: Derogatory comments, insults, threats of physical harm or employment consequences, and any other comments and behavior directed at a worker due to their race, creating a hostile work environment. This can be on behalf of the employer, supervisors, managers, coworkers or clients and frequently disrupts the targeted employee’s ability to successfully complete their work tasks.
  • Retaliation: Unfair or hostile treatment, demotion or denial of promotion, or unlawful termination in retaliation for submitting a race-related complaint or violation against an employer, coworkers, supervisors, or others.
  • Discipline: Non-white races of workers receiving more rules or more frequent or increased disciplinary actions, and scrutiny or criticism than their white counterparts.

What Are Some Ways to Combat Racism in the Workplace?

Excellence in leadership cannot be accomplished without proactively addressing racism in the workplace. Addressing diversity, equality, and inclusion can be complex and challenging, but must be handled properly and swiftly.

Tackling racism in the workplace benefits not only workers of any race, but business owners and businesses in general. Institutionalized racism is intertwined into organizations, processes, and systems that today that require ethical businesses to scrutinize and ultimately make true and positive changes. Actions toward eliminating racism in the workplace include:

  • Analyze and gather data: To begin making changes, businesses first need to investigate, analyze, and understand the forms of racism prevalent in the workplace and to the ethnicities disproportionally affected. Such diversity data should include the ethnicity of disciplined workers, ethnic make-up of teams at every level of seniority, and the pay gaps of different ethnicities and genders.
  • Be accountable: Approach racism with a commitment toward making positive change, which includes business owners and leaders holding themselves accountable and transparent, and conveying that to staff.
  • Examine processes: Revisit policies and processes regularly, and especially following a racist incident and what aspects of the culture permitted the incident. For many businesses, recruitment and line management tend to have discrimination and bias aspects, conscious or unconscious, that can be corrected, along with management education on unconscious bias.
  • Educate and train: Educating and training all staff members to understand and recognize racism is crucial to the success of removing it from the workplace and processes. Management teams must understand and apply equality, diversity, and inclusion in their everyday experiences and be able to educate and tackle racism within their teams.
  • Study systemic racism: Racist incidents at work often fall on the shoulders of the employee blamed. However, culpability typically falls on others within the business or the business itself, such as what policies or processes allowed the incident to happen in the first place. Racism in the workplace should be viewed as a symptom of the systems in place, and therefore change the systems.
  • Query the staff: One of the best methods of understanding what forms of racism exist in the workplace is to listen to the groups who are experiencing discrimination, do not disregard complaints, and ask employees how they can be better supported.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Represent Clients Experiencing Racial Discrimination and Equality at Work

If you are experiencing racial discrimination in your place of employment, our knowledgeable and experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. will help you fight for the equality you deserve and hold your employer accountable for the incidents of racism. Call us at 215-574-0600 or contact us online to schedule an initial consultation. We are located in Philadelphia and serve clients throughout Pennsylvania and New Jersey.

Can An Employer Force Me To Take A Drug Test To Apply for A Job?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Applicants and Employees Who are Treated Unjustly.

Applying and interviewing for a job can be a harrowing process, but before you are hired you may be asked to complete another task: taking a drug test. While an applicant may accept the possibility that employers may choose to do this, but is the process actually legal?

Are There Federal and State Drug Testing Laws?

When it comes to federal laws, there are few limits for employer drug testing. Unless the company works in a safety-centric industry like commercial truck and transport drivers, the Department of Defense, aviation, NASA contractors or transportation, federal laws do not require or prohibit drug tests. This is the province of state and local laws, and many do have ones that regulate or restrict employers’ rights to require the testing.

Pennsylvania does not have any laws that apply to drug testing for private employers unless it violates other laws. Drug testing is not usually illegal, whether it is done pre-employment, if there is reasonable suspicion that an employee is under the influence, for other mitigating circumstances, or when it is done at random. The testing may be done through blood, hair, or urine samples, and there are no regulations as to the kinds of substances that can be tested for.

In Philadelphia, a new city ordinance prohibiting pre-employment marijuana drug testing took effect earlier this year. Under the ordinance, employers, labor organizations, employment agencies, or related agents can no longer legally require prospective employees to submit to pre-employment marijuana-screening as a condition of employment. The same does not apply to current employees, however, nor prohibits the employer from disciplinary actions for employees in the possession, or under the influence, of marijuana during work hours.

Employment positions that have a direct impact on the health and safety of others are exempt from Philadelphia’s ban on pre-employment marijuana screening, including:

  • Law enforcement officers and positions
  • Employment positions requiring commercial driver’s licenses
  • Job positions requiring supervision of medical patients, disabled, children, or other vulnerable individuals

The city ordinance further states that employers must continue pre-employment marijuana screening if required by a federal or state regulation, statute, or order, a federal contract requirement, or if specified as part of a valid collective bargaining agreement.

What if My Drug Test Was Illegal?

Even though the state does not limit workplace drug testing, employees may still have recourse if they feel that a test was illegal. One reason to support this theory could be disability discrimination. According to the Americans with Disabilities Act (ACA), applicants and employees who are taking medications for disabilities may be exempt from positive results: some drugs that are illegal when not legitimately prescribed by a physician may be necessary for disabled individuals. If an applicant’s medication was legally prescribed for their disability and the employer turned them down for a positive drug test, that company might be held liable. This does not apply if the drug in question is marijuana.

Another reason to claim that an employer carried out illegal drug testing is defamation. This could occur if the result was a false positive and the employer acted in bad faith, and was aware/should have been aware that the test results were wrong. Invasion of privacy another possible claim; this can happen when employers violate an applicant’s or employee’s privacy by conducting the test in inappropriate or embarrassing circumstances, like having to provide a sample in front of other workers.

Applicants and employees who believe they were singled out for drug testing can also challenge potential and current employers for discrimination. Companies cannot single out specific groups of employees (by gender, race, religion, age, and other protected categories) for drug testing, and doing so could lead to a discrimination claim.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Help Applicants and Employees Who are Treated Unjustly

If you think that an employer has treated you unfairly with a drug test, our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. may be able to help. For a confidential consultation, complete our online form or call us at 215-574-0600. We are located in Philadelphia and serve clients throughout Pennsylvania and New Jersey.

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How To Recognize Same-Sex Sexual Harassment?

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Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Uphold Worker Rights.

Many people think of sexual harassment as occurring between a man and a woman. HR departments most frequently hear reports of sexual harassment caused by males.

Many instances of same-sex sexual harassment also occur. The instances generally are less frequent, but are just as harmful as opposite-sex sexual harassment. Job providers also are just as liable when it occurs.

The Equal Employment Opportunity Commission (EEOC) enforces federal laws against workplace sexual harassment. Victims of workplace sexual harassment could file complaints that the EEOC will review. When harassment is confirmed, the victim can file a federal lawsuit against the employer and anyone involved in the harassment.

Common Reasons for Same-Sex Harassment

Title VII of the Civil Rights Act of 1964 defines sexual harassment as unwelcome behaviors or actions that are sexual in nature and create a hostile work environment. It also is illegal to demand sexual favors in exchange for employment or job assignments.

Sexual harassment is not necessarily done to obtain sexual favors. Harassers often do it to intimidate the target and cause that person to be distressed. Same-sex harassment is no different.

Many times, the harassment is done to:

  • Coerce and threaten an individual
  • Degrade and demean someone
  • Make the target quit a job

A single incident does not automatically qualify as sexual harassment. An offensive comment or general teasing does not amount to sexual harassment, but it likely would violate workplace rules.

The activity rises to the level of sexual harassment when it is done to obtain sexual favors or creates a hostile work environment. Seeking sexual favors is a fairly simple concept, but a hostile work environment is more complicated.

A harasser could create a hostile work environment in many ways.

The individual might tell offensive jokes of a sexual nature or make generally offensive comments about your appearance. The harasser might circulate pornographic content or partially or fully nude photos.

Even ridiculing a person for not conforming to an expected standard of behavior could qualify as sexual harassment. For example, a male coworker might continually refer to another male as a “girl” or use degrading terms based on that person’s perceived sexual preferences.

No matter the reason, when sexual harassment occurs, your employer is responsible for putting an end to it.

Reporting Same-Sex Sexual Harassment and Other Offenses

If you are subject to sexual harassment from the same sex or anyone else, your employer is responsible for correcting the matter. You should be able to report the problem to your supervisor and investigate the matter.

If your supervisor is the cause of the harassment, someone with authority over that individual should correct the problem. That person might be the owner or another highly placed individual.

At all times, your employer is responsible for maintaining a safe work environment. When sexual harassment of any sort creates a hostile work environment, ignoring it or retaliating against a worker for reporting the problem is against the law.

Philadelphia Employment Lawyers at Sidkoff, Pincus & Green P.C. Uphold Worker Rights

Victims of sexual harassment from the same sex or anyone else can get help from our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation at our Philadelphia law office. We represent clients in South Jersey and throughout Pennsylvania and New Jersey.

Do I Need to Provide a Doctor’s Note to an Employer?

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Philadelphia employment lawyers at Sidkoff, Pincus & Green.

Calling in sick is a common occurrence, and employers often have requirements for doing so. Workers might get sick and suffer injuries while away from work that are unpredictable, but your employer may still have requirements for you to fulfill after your sick leave.

Your employer might require you to call in at least an hour prior to your shift to notify your supervisor. That gives your employer the opportunity to call in another worker to cover your shift. Exceptions to call-in procedures often include a car accident or similar emergency that makes it impossible to work or even provide notice right away.

Whenever possible, it is a good idea to support your sick call or emergency with a doctor’s note. Your employer should not require one or even ask for one due to one or even two consecutive shifts missed due to illness or injury.

When you miss three or more days, your employer usually has the right to require a doctor’s note, though this may vary based on location and sector of work. The doctor’s note should briefly describe your illness or injury.

Importance of a Doctor’s Note

A doctor’s note does more than confirm that you suffered from a medical condition that required you to miss one or more days of work: it also helps to protect your coworkers, managers, and visitors at your place of work.

If you were sick with a potentially dangerous and highly contagious illness, like COVID-19 and were to return to work while still sick, that could spread the illness. Likewise, returning too soon from an injury that reduces your ability to perform your work could be dangerous to yourself or others. A doctor’s note that says you are fully recovered and capable of working safely could protect the general workplace.

Your Work Contract Might Detail Requirements for a Doctor’s Note

Your employment contract may detail the exact process for calling in sick and providing a doctor’s note. If you have union membership, collective bargaining likely details procedures for calling in sick. Those procedures should say when a doctor’s note would be required.

You also might have an individual work contract that details how to call in sick and when a doctor’s note is needed. Whenever a work contract says how to call in sick and when a doctor’s note is needed, you must abide by the contract.

Philadelphia’s Sick Time Law and Doctor’s Note Requirements

If you work in Philadelphia, the city’s paid sick time law provides you with up to 40 hours of sick leave. The law covers full-time and part-time workers who do not already have up to 40 hours of paid sick leave available.

Anyone who has worked at least 40 hours with an employer in Philadelphia qualifies for sick leave. The law will not add more hours to already existing paid sick leave that you might have accrued.

If a job provider has 10 or more employees, the sick worker gets paid for up to 40 hours of leave time per year. If the employer has less than 10 workers, there is no pay for the time off, but the worker has the right to return to work.

Philadelphia’s sick leave law says that you do not have to provide a doctor’s note for missing work for up to two consecutive days. It does require one when you miss three or more days, though.

Philadelphia employment lawyers at Sidkoff, Pincus & Green

You can obtain legal help to uphold your workplace rights from our experienced Philadelphia employment lawyers at Sidkoff, Pincus & Green. You can call us at 215-574-0600 or contact us online to schedule an initial consultation at our Philadelphia law office. We represent clients throughout Pennsylvania and New Jersey.

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What Are the Benefits of Entering a Business Partnership?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green Represent Business Owners Who Need Help with Business Contracts or Disputes.

Entering a business partnership could be the best or worst decision you have ever made. Much depends on the size of your business, your financial situation, who your partner is, and much more. Therefore, before you take the plunge, you should weigh out the possible advantages and disadvantages of what a business partnership could mean to you and your business.

What Are the Advantages of a Business Partnership?

It is time to expand your business, but you have neither the cash nor the borrowing power to take your business to the next level. By entering into a business partnership, you could accomplish what you envision.

Adding a partner could give you more cash and credit to expand. It also gives you someone with whom you can share the financial burden. Of course, adding more knowledge and expertise to the business is always a plus, and adding to your list of contacts can help you as well.

A partnership brings with it another perspective, not to mention a support system that might otherwise not exist. Perhaps the best advantage of a partnership is the tax advantages. Although a partnership will have to file income, gains, losses, and deductions, it allows the taxes to move through the business and onto the individual partners. The partners, in turn, will claim the profits and losses on their personal tax forms.

Although a business partnership can help you expand, there are disadvantages to consider. In a general partnership, your decision making is no longer your own. Although a partner shares the financial burden with you, profits are also shared. Moreover, you are responsible for your partner’s debts and bad decision-making.

A possible conflict of interest is especially important to consider. Having different opinions about how the company will operate going forward is often a problem and could create unwanted tension. The idea of expanding or selling the business, for instance, could become an inextricable web of complications.

What Types of Business Partnerships Should I Consider?

There are different types of business partnerships. The most basic is a general business partnership. The owners, according to each percentage owned, most commonly 50 percent, share profits and losses, as well as any debts, liabilities, etc.

A limited partnership is best for businesses with one main owner, having co-owners with a smaller stake and/or say. A limited liability company partnership (LLC) helps to protect owners’ personal assets in case of a lawsuit. A limited liability partnership (LLP) is designed to exempt individual owners from the business debts and irresponsible actions of co-owners.

What Is Good Advice to Consider Before Entering into a Business Partnership?

Carefully consider whether or not you really need a partner. Think critically about the most obvious issues. You will not only be giving up full ownership, but you will also have to include a partner in every decision, one way or another. In other words, despite the type of partnership it is, you will have to answer to someone in some way about the operations of the business.

If you decide adding a partner is a must, carefully choose your partner, and do not be in a hurry to do so. Be certain that you are both on the same page in regard to every aspect of the business, from operations to expansion.

Another important element to consider is adding someone who can complement you. For instance, choose someone who has a different skill set. Most importantly, take the time to have a detailed partnership agreement made up.

An exit agreement, for instance, is critical. You should also determine how to allocate profits, share losses, and resolve disputes. Remember that without a carefully-constructed agreement, your business will have to follow the default rules of your state in the case of a dispute between you and your partner[s].

Philadelphia Business Lawyers at Sidkoff, Pincus & Green Represent Business Owners Who Need Help with Business Contracts or Disputes.

If you need help with a business contract or any issue regarding your business, having a competent lawyer will make all the difference. To help you in any business matter, speak with our experienced Philadelphia business lawyers at Sidkoff, Pincus & Green. Call us at 215-574-0600 or contact us online for a free consultation. Located in Philadelphia, we serve clients throughout Pennsylvania   and New Jersey.

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