In some cases, a divorce can get rather contentious. I’ve seen it as a family lawyer. If you have reason to believe your soon-to-be-former spouse will react with anger, or if you have already experienced this response, it is important to know how to deal with these issues appropriately. Here are a few examples of what you might expect from an angry spouse and how you should respond:
Rules to Help You Communicate with Your Former Spouse After DivorceAlthough many people who go through a divorce would very much like to never have to see or talk to their former partner ever again, this is unfortunately not a realistic scenario for most couples. If, for example, you have children together, you need to keep in touch regularly if you have any hope of consistent parenting. Here are some ground rules that can help you to more effectively communicate after a contentious divorce in what is typically an awkward and unpleasant situation:
Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Birth Injury Claims and Medical Malpractice Child Support Enforcement in Utah How Adultery and Infidelity Relates to Divorce in Utah 180 day waiting period to refile bankruptcy after a dismissal 6 Ways to Protect Yourself During a Utah Divorce Lawyer For Excessive Use of Margin via Michael Anderson https://www.ascentlawfirm.com/how-to-deal-with-an-angry-spouse-during-divorce/
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Purchasing securities “on margin” equates to investing with borrowed funds. The risks of trading on margin are unsuitable for many investors. If a financial adviser encourages margin trading without regard for a client’s investment profile, or without a client’s full understanding of the risks involved, the client can potentially seek to recover any money lost as a result of the margin transaction. WHAT IS BUYING ON MARGIN?An investor can buy securities using money borrowed from a brokerage firm (rather than paying for the securities in full). This is known as “buying on margin.” Buying on margin requires opening a margin account and depositing an initial amount of purchased securities. The initial account equity (margin) is used as collateral to borrow money and purchase additional securities. Like other types of loans, interest is charged on the amount borrowed until it is repaid. MARGIN TRADING RISKSThe risks involved with trading on margin include:
MARGIN ACCOUNT ABUSEMargin investing isn’t an appropriate strategy for most investors. Margin loans, however, can be highly profitable for brokerage firms (because of the interest paid on borrowed money) and for brokers, who might be paid a fee based on the size of the client’s loan. Investment professionals must understand a client’s investment profile, including their willingness and ability to incur risk. Before a client opens a margin account, they should fully understand how margin transactions could affect their portfolio. If your broker misrepresented the risks of a margin account, opened an unauthorized account in your name, or made excessive trades in your account, any lost money may be recoverable through a legal claim. HEDGE FUND INVESTMENTSOnce reserved strictly for wealthy, financially sophisticated investors, hedge funds have become increasingly popular investment vehicles for traditional investors. Often, this is achieved through investment in “funds of hedge funds.” Because I’m a securities lawyer, I’ve seen both good and bad from this. Both hedge funds and funds of hedge funds have risks that are inappropriate for most investors. Financial advisers may make exaggerated and misleading claims about these funds in order to lure potential investors. Hedge fund managers have also been known to defraud investors. HOW HEDGE FUNDS WORKHedge funds are a type of investment fund. Like mutual funds, hedge funds pool the money of many investors and follow a specific investment strategy. But that is about as far as the similarities go. Unlike mutual funds, hedge funds are not regulated by the Securities and Exchange Commission (SEC), and therefore do not offer many of the investor protections that mutual funds and other registered investment products do. FUNDS OF HEDGE FUNDSHedge fund investment is usually limited to wealthy individuals and institutional investors. But funds of hedge funds—an indirect way of investing in hedge funds—typically require lower minimum investments that make them accessible to a broader investor class. While funds of hedge funds may be registered SEC products, the underlying hedge funds are not. Funds of hedge funds thus carry the same investment risks that hedge funds do. HEDGE FUND RISKSThe risks of investing in hedge funds and funds of hedge funds include:
WHEN YOU MAY HAVE A CLAIM FOR HEDGE FUND INVESTMENT LOSSES TALK TO A SECURITIES LAWYERHedge fund misconduct commonly occurs in the context of how the fund was sold. Unless you are a wealthy, financially sophisticated investor, a hedge fund is mostly likely an unsuitable investment. And even if you are an accredited investor, an adviser must accurately present important information about the hedge fund. Any misrepresentations or omissions of material facts could constitute misconduct. For non-accredited investors, funds of hedge funds may be suitable investments—however, their growth forecasts, risks, and drawbacks must be accurately presented. Absent any misconduct in the sales stage, hedge fund managers and operators can commit investment fraud. Examples of fraudulent hedge fund conduct include providing phony account statements, not disclosing conflicts of interest, misappropriating investor funds, and operating Ponzi schemes. Free Consultation with a Utah Securities AttorneyWhen you need legal help about business or securities issues, call Ascent Law and get your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Birth Injury Claims and Medical Malpractice Should Filing Bankruptcy Be The Last Resort? Going Public With Your Startup in Utah Lessons Learned From 50 Cent’s Bankruptcy 6 Ways to Protect yourself During a Utah Divorce via Michael Anderson https://www.ascentlawfirm.com/lawyer-for-excessive-use-of-margin/ Sometimes a divorce is the only option. But don’t rush into it without doing a few things to protect yourself. If you are still communicating with your spouse, it may be smart to discuss a mediated divorce. If not, keeping the following in mind can help:
A Study Finds that 79 Percent of Separations End in DivorceA new study from researchers at Ohio State University reveals that approximately 79 percent of married couples that separate end up getting divorced. According to researcher Dmitry Tumin, the majority of separations in America last for one year or less, though some can drag on for many years. While some separations remain unresolved and a few lead to reconciliation, the vast majority end in divorce. I’ve personally seen this as a divorce lawyer. It is very common practice, even in Utah. The researchers found that the average amount of time for a first separation is approximately four years. For respondents that divorce after separating the average length is three years, and for those who reunite, the average length is two years. There was not a single instance in the study of a couple reuniting after three years of separation. Correspondingly, those separations that last for less than a year are significantly more likely to end in couples reuniting, which means that the longer the separation goes, the more likely it is that a divorce will eventually occur. These findings, while not particularly surprising, may be of interest for people who are considering separation. Many people separate in hopes that time apart will do their relationship some good, but in reality, it would seem that not much changes during the course of a separation. There can be some benefits to a separation, including tax breaks and less financial and emotional strain due to divorce court proceedings. However, for some people, separation may seem as though they are simply delaying the inevitable. What Are My Options If I Want to Get a Divorce?Most people fear divorce. They do not know what to expect and they are afraid of what may happen during and after the dissolution of their marriage. They are afraid of the costs of divorce and of the large amount of time that may be needed to end their marriage. So instead of facing the problems in their marriage, some choose to stay in a loveless relationship that drains them emotionally, physically and financially. But that only works for a time. If you reach the point where you would like to get out of your marriage, you should understand that there are a number of ways to go about getting a divorce. While the process may be difficult, it is usually worth the effort. But forceful attorneys know how to negotiate for a fair resolution of these difficult issues. Sometimes, mediation is the best approach, and experienced divorce lawyers can guide you through the mediation process keeping you out of court while protecting your rights and doing what is best for your family. Most divorces do not go to trial, but with a skilled divorce attorney in your corner you can make sure your rights are protected throughout the divorce process. Free Consultation with a Utah Divorce AttorneyIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What Rights to Custody do Step Parents Have? How to be a Safe Motorcycle Rider Birth Injury Claims and Medical Malpractice via Michael Anderson https://www.ascentlawfirm.com/6-ways-to-protect-yourself-during-a-utah-divorce/ Having a baby is one of the most rewarding experiences of human life. After nine months of growth and care, a new life is brought into the world. Normally this experience is one of blessed joy; however, what happens when something goes wrong? Birth injuries due to negligence are some of the most common drivers of medical malpractice lawsuits. If something happens to you or your unborn baby as a result of your doctor’s negligence, your doctor could be held liable for injuries or even wrongful death. If you suspect a birth injury could have otherwise been avoided, contact your local personal injury lawyer to see if you are eligible for compensation. Birth injuries can affect either the mother or the unborn or newborn child. Common birth injuries include cerebral palsy, cranial and spinal cord injuries, fractures and bone injuries, infant brain damage, cephalohematoma and Erb’s Palsy. These injuries, while not uncommon in Provo or elsewhere, can typically be avoided through proper medical supervision. For example, cephalohematoma can be avoided by following proper vacuum extraction procedure. Bone fractures and physical deformities can also be prevented by avoiding excessive use of force during delivery. In the case of many birth injuries, a doctor’s actions — or lack thereof — can be found directly responsible for you or your child’s injuries. For instance, in the case of infant wrongful death due to umbilical cord strangulation, the medical staff could have executed an emergency C-section in order to save the baby. In the eyes of a lawyer, failure to do so may result in liability for the child’s wrongful death. In addition to being physically and emotionally draining, fetal injury and wrongful death cases are often difficult to prosecute. If you suspect that an injury sustained during childbirth could have reasonably been avoided, contact a local medical malpractice lawyer and discuss the best course of action for your situation. THE SAD TRUTHS BEHIND AUTISM AND BIRTH INJURYTruthfully, childbirth is one of life’s most beautiful, rewarding experiences. Whether you’re new to parenthood in Utah or are more than familiar with child rearing in other American states, welcoming a new child into the world is simply an unforgettable happening. However, not all childbirths occur without their own respective flaws. Because I’m an injury lawyer, I’ve seen far too many hopeful adults, what should be a routine infant delivery turns into a series of heart-wrenching, emotional events, occasionally resulting in wrongful deaths. In fact, according to recent, in-depth research, there very well might be a strong link between attention deficits and birth injuries. According to medical researcher Viola M. Frymann, at least 80 percent of children who battle ADD, ADHD or even Autism, underwent some sort of birth injury during the delivery process. She says: “The most common injuries occurred during the labor and delivery period, a time in which the nervous system can be severely damaged, leading to cognitive and psychological problems.” Typical birth-related injuries include, yet aren’t limited to forceps and vacuum extraction complications, erroneous epidural administrations and complex umbilical cord issues. With wrongful deaths and incidents of medical malpractice abounding here in Utah and elsewhere, it’s important to pay attention and stand up for those who can’t formally defend themselves: infants. Free Initial Consultation with an Injury LawyerIf you need a personal injury lawyer in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Is Mediation the Best Route in Divorce? What Rights to Custody do Step Parents Have? Establishing Legal Paternity in Utah for Child Support Can I Be Denied a Job Because of Bankruptcy? How to Get a Divorce When You are Struggling Financially via Michael Anderson https://www.ascentlawfirm.com/birth-injury-claims-and-medical-malpractice/ There must be a valid will to properly designate how and to whom a person’s property is distributed upon their death. If you would like to create a trust that will come into effect only after your death, consider putting a testamentary trust into your will. Read on to learn about how to place a testamentary trust in a will. What Is a Testamentary Trust?A testamentary trust is a type of express trust that is written in a will or in a document incorporated by reference into a will, which arises upon the death of the settlor. It specifies what assets or funds are to be distributed after the death of the settlor. Testamentary trusts are preferred over other types of trust because they can protect the assets from the immaturity of minor children or other family members. Regarding testamentary trusts, the following parties are involved:
Creating a Testamentary Trust In a WillTo create a testamentary trust in a will, the settlor must designate a trustee and specify the beneficiaries. As mentioned above, a testamentary trust comes into effect not until the settlor dies. Thus, the testamentary trust must be contained in the settlor’s last (final) will, so the trust can be created upon the settlor’s death. Then, the probate process will take place. A testamentary trust is not automatically created upon the settlor’s death. While other types of trusts may avoid probate, a testamentary trust must go through the probate process. The testamentary trust will come into effect upon the completion of this process. After the provisions are reviewed by all parties, a trust will proceed to generate distributions. A trustee, chosen by the settlor, will manage the property or funds in the trust until the trust terminates. The trustee may be required to go to the probate court at least once a year and ensure the court that the trust is being handled in accordance to the will and state law. Example of a Testamentary Trust in a WillLet’s say you decide to include a testamentary trust in your will. You have a 3-year-old daughter and you want her to receive your assets after you die. You designate your uncle, Bob, as the trustee of your testamentary trust. You specified that upon your death, Bob will manage your assets for the benefit of your daughter until she reaches the age of 21. You want Bob to be in charge of giving your daughter monthly income for education and expenses. When your daughter turns 21, she will receive the remaining assets, and the trust will terminate. Free Consultation with a Utah Estate LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Estate Planning for Single Parents Utah Foreclosure Process Explained Is Mediation the Best Route in Divorce? What Rights to Custody do Step Parents Have? via Michael Anderson https://www.ascentlawfirm.com/putting-a-trust-in-a-will/ Although it is possible for stepparents to request custody or visitation of a children who are not biologically theirs, it can be a challenging process. As a family lawyer, I’ve seen some things that may help. There are some ways in which the law treats stepparents similarly to natural parents, as a step parent has likely played a significant role in the child’s life. In other situations, however, the natural parent’s rights will take precedent. One of the major issues in a stepparent achieving custody or visitation rights is the idea of “standing,” or that parent’s right to even have his or her case heard in court. In a situation involving stepparents, there are several factors that come into play:
Stepparents are, in general, more likely to receive visitation than actual custody. Approximately half of the states in the nation have laws that authorize stepparent visitation, with additional states having processes in place to allow them to petition for it. Utah allows for stepparents to petition for these rights. The lack of a blood relationship, however, is a significant barrier to overcome when seeking custody rights. Natural parents must be clearly unfit for custody if a court is to place the children in another home. Can a Veteran’s Spouse Claim VA Benefits During Divorce?Although wives and husbands of military personnel typically lose benefits when they dissolve their marriage to a service member, federal law does provide certain protections for former military spouses. Depending on the length of your marriage to a service member, you may retain these rights:
Free Initial Consultation with a Lawyer in UtahIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How to get the best outcome in divorce Fiduciary Duties and Business Judgment in a Business Divorce Child Support Guidelines Reflect Modern Ideals Is Mediation the Best Route in Divorce? via Michael Anderson https://www.ascentlawfirm.com/what-rights-to-custody-do-step-parents-have/ Alternative dispute resolution (ADR) is a cost- and time-effective divorce option that enables couples to avoid contentious litigation. Two types of ADR used in family law in Utah are mediation and the collaborative divorce process. Mediation employs the use of a trained, neutral third party, such as an attorney or other trained specialist, to assist a divorcing couple craft satisfying divorce and child custody agreements. In the collaborative process, each spouse is represented by a trained attorney and the group together works to create agreements that reflect the wishes of each party. While collaborative divorce and mediation are alternatives to litigation, I’m telling you as a divorce lawyer that these methods may not be the best choice for you. Drawbacks to these processes include the following:
Under any circumstances, divorce is difficult. Before you make decisions that affect your future, contact an experienced divorce lawyer to choose the route through divorce that is best for you. Documents to Update After DivorceWhen your divorce is finalized, it’s time to update some key documents. These include:
Although addressing more legalities may seem like too much following your divorce, these updates conclude your divorce and enable your future to unfold smoothly. With time, your individual identity becomes well established. Tips for Achieving Financial Success During, After a DivorceWhile planning for your divorce might seem like a daunting and unappealing process, it is important to prepare yourself for the process you are about to go through and what lies beyond it. Specifically, sound financial planning can help you avoid some of the challenges divorced people tend to face. Below are a few tips to help you protect yourself financially during and after a divorce:
Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Employers and Harassment Claims What Documents Do I Need to Bring When I Frist Meet With My Bankruptcy Attorney? Making Divorce More Affordable Through Mediation Psychological Evaluations in Utah Divorce and Custody Cases How to Get the Best Outcome in Divorce via Michael Anderson https://www.ascentlawfirm.com/is-mediation-the-best-route-in-divorce/ Health care directives are a part of estate planning that most people don’t think much about. As an estate planning lawyer, I’m often shocked to find that most people, even elderly folks, don’t have one. Health care directives allow you to specify your health care decisions beforehand in case you are unable to express them during a medical emergency. You may be wondering what duty your health care providers have in enforcing your health care directives. Many people often wonder whether or not their medical care providers have a duty to follow their wishes when it comes to their health care. These wishes are often recorded in documents like living wills and health care directives. Duty to Follow Health Care DirectivesIn general, medical care providers are generally held to a pretty strict duty to comply with your recorded wishes that relate to your health care if you become incapacitated. In addition, if your health care directives or living will appoint someone as a legal agent in charge of your health care (called a health care agent), doctors and other medical providers are also under a duty to follow their orders and decisions about your care. Exceptions to a Health Care DirectiveHowever, there are some situations in which your doctor or medical care provider can go against the wishes that you have set forth in your health care directives. Health care providers can do so when:
However, even if these factors are present, this does not mean that your doctor or health care provider can simply ignore your health care directives. Instead, if your doctor or health care provider thinks that they will go against the wishes and directions set forth in your health care directives, or against the orders of your health care agent, they must immediately inform you or your agent. When this happens, you or your agent will have the option of taking steps to have you transferred to another doctor or medical facility where your wishes and instructions will be honored. Indeed, if your doctor or medical care provider refuses to do so and still goes against your wishes and orders, the doctor may be liable for damages to you. Pregnancy and your Health Care DirectiveDespite what is written above, doctors and medical care providers may be able to legally ignore your wishes and orders contained in your health care directives if you are pregnant. In order to have your wishes still be carried out, you should specifically state in your health care directives what your wishes are for your care when you are pregnant. Even if you specify your wishes for when you are with child, your doctor may still be able to override your wishes in order to keep you and your fetus alive. This is especially true if you are in your second or third trimester. Free Consultation with a Utah Estate LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Employers and Harassment Claims Legal Representation is Important to Winning Child Custody Can the bank take my home in bankruptcy? What is a Fraudulent Transfer in Bankruptcy? How to Get the Best Outcome in Divorce? via Michael Anderson https://www.ascentlawfirm.com/health-care-directives/ As you go through your divorce, important to be focused on the long term, making sure you’re ending up with the best possible settlement for you. This requires you to have a clear picture of exactly what it is you want as you move forward with your life. With how stressful and emotional divorce can be, however, this is often easier said than done. To make this process less difficult, you should identify all of the most important issues and your top priorities ahead of time, and stick to them throughout the divorce proceedings. Having a game plan before negotiations actually begin will help ensure you stay on the right track. The most common issues individuals need to navigate are child custody and support, the division of marital assets and alimony. Let’s take a quick look at each:
Child Tax Credits After Your DivorceSome of the most valuable tax credits are those that are granted to parents to help provide assistance with the costs of raising their children. But when parents are separated or divorced, who gets to take advantage of these tax credits? There are different stipulations for each type of tax credit:
Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Baby Boomers Have the Most Divorces How to Get Custody of Your Child in Utah Employers and Harassment Claims via Michael Anderson https://www.ascentlawfirm.com/how-to-get-the-best-outcome-in-divorce/ The Pendulum swings. Recent times have demonstrated just how far. Earlier, sweat shops led to child labor laws. Decades of racial discrimination led to quota systems. Of late, claims of “sexual harassment” and “hostile work environments” have led to laws and lawsuits that make employers wonder what they can do to avoid both claims and lawsuits. The purpose of this note is not to discuss “the why,” but to educate employers as to the “what to do.” Listen Here Employers to an Employer LawyerFirst, tell employees, in writing, that as their employer, you will not tolerate harassment. Tell them “harassment” is not limited to just unwelcome sexual advances or requests for sexual favors. Besides inappropriate verbal, graphic, or physical conduct of a sexual nature, it includes slurs, jokes, and other offensive comments concerning an individual’s race, color, sex, religion, national origin, age, disability, or marital status. Tell them that if an employee believes he or she has been subjected to harassment, the employee must report it. Not may. Not should. Must. Next, have related procedures in place and made known to all employees, including management. The procedures have to tell all employees how they are to report their claims and direct your management staff members on how to handle (evaluate, investigate, and resolve) the allegations. Be sure all employees are given the instructions, even if they are located at a two-person branch office at a remote location. HERE ARE REAL WAYS YOU CAN BEAT HARASSMENT CLAIMSFollow through IMMEDIATELY on all claims and allegations. Speed (rationally applied) cannot be overemphasized in the sense of response or reaction time by an employer. Identify the issues. Conduct the investigation. Analyze the findings. Adopt and implement a response or determination, including taking corrective action. In the meantime, separate the involved parties. In doing so, do not show favor to the alleged wrongdoer – even if the position held has greater importance to your company’s productivity and profitability. If the accusations are serious, you may need to suspend the alleged wrongdoer with pay, until the process has been completed. I know you may not want to do this part, but as an employer lawyer, I’m telling you, this is one of the best practices. The first step is to gather information from the complainant. Encourage open communication by confirming the employer’s anti-harassment policy. Emphasize there will be no retaliation. Conduct an interview and obtain a written statement. Do the same with all witnesses. Request all possible tangible evidence (i.e., diaries or journals, photographs, “love letters,” cartoons). After gathering the information, inform the alleged wrongdoer of the nature of the charges, and obtain his or her response. Again, interview the employee and obtain a written statement. In doing so, repeat the employer’s anti-harassment policies, and request other possible evidence relevant to the investigation. As to all of the involved employees, make three things clear: (1) you are only investigating the claim and will not pre-judge its merits; (2) they are to keep the investigation confidential; and (3) they are not to interfere with the investigation by speaking to others about it. After interviewing the accused and obtaining his or her statement, you will probably reconvene with the complainant to cover factual and even legal points made in defense of the alleged wrongdoer. Each claim must be assessed by the employer as to where it may lead. Some can be handled easily – your designated human resources employee or in-house counsel may undertake the investigation. Regardless of whom you select, make sure the procedures are followed, and the documentation is done with at least moderate formality. Some claims or allegations may warrant bringing in a third party for assistance. Often, outside legal counsel are brought in. Typically, they are skilled interviewers and can provide objectivity. Or, legal counsel may provide direction to other independent investigators, such as human resource consultants. Who should not be the investigator? Supervisors or managers should not conduct their own investigations. Even if they could perform adequately, you need to avoid all appearance of bias. Thus, friends or relatives also should not be considered. The final step for the investigator is to analyze his or her findings and prepare a report or recommendation of possible action. If wrongdoing is found to have taken place, the report should reflect a violation of company policy, without labeling the employee as being “guilty” of harassment. Still, you need to impose an appropriate discipline. For anything other than minor infractions, you should not give only a warning with the admonition, “do not let it happen again – or else.” The “or else” needs to be implemented. If you do not find that a violation has occurred, or has been proved, and there is to be no disciplinary action taken, you should have legal counsel review the documentation and discuss the claim with the investigator. Be sure that none of the involved parties obtains the impression that he or she was not believed, or that you found for or against him or her. Further, be certain to follow up with the parties to make sure there are no more perceived problems or allegations of retaliation. Free Consultation with a Utah Business Lawyer for EmployersIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/employers-and-harassment-claims/ |
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