Estate Probate Attorney Help in Proper Distribution of Decedent’s Estate

A probate is considered to be a legal process and comes under the jurisdiction of the court. You will need assistance from an Estate Probate attorney to pursue the proper legal course but there are some conditions, which has to be met so that the court can get involved. Unless mentioned otherwise in a will, in most cases, the probate court will carry on with the proceedings for disbursement of a decedent's assets to the heirs or rightful beneficiaries as mentioned in the will. The probate court will oversee each and every aspect of the probate proceedings so that the deceased person's debts are paid, taxes are taken care of and the assets are properly distributed to the rightful heirs.

Whether the decedent has a proper will or not, if he/she has an estate then it will be probated in the court. Normally, if the decedent has a valid will, then the will is treated as the legal document for determining how the estate of the decedent will be transferred through the probate process and who will receive the assets i.e., the heirs. If the decent has not made a will before dying then the court will decide who the rightful heir is and how the estate will be distributed. In such a scenario an Estate Probate attorney can guide you through the entire process.

An Estate Probate attorney can also help in making an estate plan or a will. After all, no one can be certain about life and death can come to anyone and at anytime. It is always considered best to have a probate attorney around who have the experience and the expertise to tackle the situation that may arise in the near future and to help you plan in advance. Estate planning is considered as an important aspect because the better you plan it; the easier it will be in distributing it or managing it in the future. If there is a proper estate plan in place and a will then it is easier for the court to proceed without wasting any time and most often than not, the distribution of assets or estate is smooth. The probate court will even take care of any taxes or any debt that a decedent may owe to any creditors.

Another important aspect of estate planning and creating the will is naming a personal representative. There are several aspects that you might be unaware of and this is what an Estate Probate attorney will assist you with. Basically, the person you will name as the personal representative will be handling all affairs related to your estate after you death. On the other hand, if you have not been able to make a will before death then it will remain in the hands of the court to choose a personal representative who will there onwards handle all the affairs of the estate and even help in distributing the estate to the heirs. Normally the court will appoint a family member like your spouse, sibling or even an adult child as the personal representative of your estate.

Green Card Through Work, Job, or Employment

If you want to get a U.S. green card based on your job in the United States, or if you are an employer that wants to sponsor someone for a green card, you must go through a multi-step process. This process generally involves complicated filings with the U.S. Department of Labor and U.S. Citizenship & Immigration Services (USCIS).

First, the worker and the employer must determine if the worker is eligible for lawful permanent residency under one of USCIS' paths to lawful permanent residency.

Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labor's Employment and Training Administration (DOL). DOL must either grant or deny the certification request. This process requires the employer to prove that it cannot find a qualified and willing U.S. worker for the position. This process is commonly referred to as Labor Certification.

Third, after receiving certification from the Department of Labor, USCIS must approve an immigrant visa petition, Form I-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States.

Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of State's Visa Bulletin. If a visa number is not available, the case will be delayed until a visa number becomes available. Depending on the job category, it can take years for a visa number to become available.

Fifth, if the applicant is already in the United States, in some circumstances he or she may apply to adjust to permanent resident status (Form I-485) after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office.

Eligibility
There are four categories for granting permanent residence to foreign nationals based upon employment:

EB-1 Priority workers

• Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics
• Foreign national that are outstanding professors or researchers
• Foreign nationals that are managers and executives subject to international transfer to the United States

EB-2 Professionals with advanced degrees or persons with exceptional ability

• Foreign nationals of exceptional ability in the sciences, arts or business
• Foreign nationals that are advanced degree professionals
• Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program.

EB-3 Skilled or professional workers

• Foreign national professionals with bachelor's degrees (not qualifying for a higher preference category)
• Foreign national skilled workers (minimum two years training and experience)
• Foreign national unskilled workers
  

EB-4 Special Immigrants

• Foreign national religious workers
• Employees and former employees of the U.S. Government abroad

Our office, Cundy & Martin, LLC, is located in Minnesota and our immigrant lawyers can help with your case regardless of where you are located. You may contact us at vmartin@cundyandmartin.com or 952-746-4111 for more information.

Bankruptcy for Dummies

When you're in a financial hole that is so far down that there seems there's no escape, there is one final option: bankruptcy. Bankruptcy is a way of legally stating that you cannot pay the debts that you've accumulated. The result of this declaration is that your creditors can no longer attempt to collect money or property from you directly. Effectively, bankruptcy allows you to "wipe the slate clean" in some respects - you will no longer be legally bound to pay certain debts after filing for bankruptcy.

There are five primary results to filing for bankruptcy. The first is, as mentioned, is that it can wipe away previous debts. This is known as discharging - but be aware that not all debts can be discharged. A nice side effect is that it'll stop annoying and harassing calls from creditors. Second, bankruptcy can stop wage attachments, which are when a creditor gets a legal order to take money from your paycheck to pay a debt. Finally, it protects your future interests, meaning that any new property or money you own is safe from creditors.

As noted above, not all debts can be discharged. For the most part, any unsecured debt can be discharged - unsecured debts are ones that are not backed by property, such as credit cards. Secured debts, such as car loans and home mortgages, are attached to property, and can be repossessed by a creditor. Other debts that cannot be discharged include: alimony and child support, student loans, debts resulting from fraud, tax bills, and any debts accrued after filing bankruptcy.

In most cases, people file for bankruptcy when they want to hold on to some of their property and protect it against creditors. There'd be little point in filing if you'd just end up homeless on the street. When you file for bankruptcy, you can usually keep your furniture and other household items, some jewelry, clothing, and any work-related tools. You can also keep up to $20,200 in home equity, or $10,775 in personal property if you don't own a home. In most cases, you can keep your car, as well.

Bankruptcy is not without its downsides, however. While bankruptcy in itself will not lower your credit score, bankruptcies remain on your credit report for 10 years. It can be extremely tough to be granted credit after a bankruptcy, but it is possible. That decision is up to the lender.

In order to file for bankruptcy, you are required to have enlisted the help of a credit counseling service prior to filing. You also have to consult such an organization after declaring bankruptcy. In addition, there is a fee to file for bankruptcy, and as you might imagine there is a lot of paperwork to do. You may also need or want a lawyer to help you prepare your paperwork, so you must consider those fees as well. Bankruptcy will have very serious repercussions, so make sure to carefully consider all the options and effects before filing.

Deportation of Residents From Canada

People who have illegally entered Canada or are convicted of an offense in Canada may be subject to deportation or removal on the basis of their status in Canada. The nature of the offense committed by them and the length of their sentence can be a determining factor. A foreign national or an individual who has been deported from Canada is barred from entering Canada again in the future unless ministerial consent is given.

Deportation of Permanent Residents
A permanent lawful resident of Canada can also be slammed with removal or deportation order if he/she is convicted of an offense in Canada that is punishable under an act of Parliament by a potential penalty of at least 10 years of imprisonment (irrespective of the actual sentence), or if he/she has been sentenced to more than six months of imprisonment for any federal offense like section 36(1) of IRPA. It is pertinent to note that no person is subject to automatic deportation as a result of a conviction in Canada. The circumstances of each case are reviewed by the delegate of Minister of Public Safety and Emergency Preparedness and in many cases he might allow the person to remain in Canada. However, he may also refer some cases to the Immigration Division of the Immigration and Refugee Board of Canada (IRB) for the issuance of removal order under section 44(2) of IRPA. Either a husband or wife who is legally a permanent resident of Canada and sponsored by his or her spouse cannot be deported for the reason that their marriage has broken down.

Permanent residents can be deported from Canada if they:

• were convicted of committed certain criminal offenses before coming to Canada;
• do not meet the terms and conditions of their landing in Canada;
• are convicted of a crime in Canada that results in a prison sentence of more than six months or could have resulted in a sentence of ten years or more.
• have lied or produced falsified documents to gain admission to Canada

A significant modification that has been introduced in IRPA is that if permanent residents are sentenced to a term of imprisonment of at least two years under section 64(2) of IRPA, they lose their right to appeal the deportation order to the Immigration Appeal Division (IAD) of IRB. Though, they might still seek leave for Federal Court judicial review of the deportation if the issue is limited to matters of legal or procedural error. However, those permanent residents who receive sentence of less than two years of imprisonment retains their right to appeal their removal order to IAD on issues of law as well as humanitarian and compassionate considerations.

Deportation of Foreign Nationals
Those people who are neither Canadian citizens nor permanent residents are considered foreign nationals. A foreign national may be subjected to a deportation order under section 36(2)(a) of IRPA if he is convicted of two or more summary offenses, not arising out of the same incident. However, the foreign nationals do have the right to appeal a deportation order only to the IAD only if they hold a permanent resident visa, or if they have the status of protected persons (that also includes refugee) under section 63(3) of IRPA.

Deportation Refugee Claimants
Both permanent residents and foreign nationals who have been convicted of an offense in Canada for which they have been sentenced to at least two years of imprisonment are ineligible for claiming refugee protection referred to the IRB for a hearing under section 101(2)(a) of IRPA

Road Traffic Accident Claims

Large number of road traffic accident claims being made these days is reflective of growing number of population and road congestion. Government having passed strict traffic rules doesn't seem to change the daily scenario of the number of common accidents happening around the world.

Inclusive of a motorcar driver, motorcyclist, bicyclist and pedestrians are all prone to many types of accident resulting from minor cuts, bruises, to fatal whiplash injuries. Motorcyclists account for nearly 18% of fatal injuries and death, closely followed by cyclists, but pedestrians are the most vulnerable when coming to road collision.

In order to get your claims, when met with a road accident, always opt to go to a road traffic solicitor, because they know how to get the best compensation claims, in the shortest time. Remember to report the accident to the local police, who will help you to investigate the case, gather evidence and provide the right information to your solicitor. S

mart tips to make road traffic accident claims: - " Take note of the name, address, telephone number of the witness. " Take photograph of the accident location. " Contact the nearest police. " Save receipts of traveling expense or prescriptions. While making road traffic accident claims, taking the guidance of a no win no fee solicitor will take a lot of burden off your shoulders, such legal complexities, technicalities of the road accident case and practicalities that follow an accident, like health care provision and benefit payments. No matter how you may be involved in the accident, as a uninsured driver, a motorcyclist, a bicyclist, a pedestrian, you are sure to get help through such legal solicitors. Y

ou can expect systematic, straightforward procedures to be followed " There is an initial consultation held for absolute free of cost to understand the case to make your compensation claim. " Once the case is confirmed you are assigned with a legal team who has the expertise in handling the claim. " Thorough investigation is done by the team, to gather clear evidence for a strong case. " Each and every step is well informed to you. " Good satisfaction is guaranteed with a fair settlement.

Now that road traffic accident claims have been made easy by expert solicitors, getting a fair compensation is within your reach. But considering the pain and suffering the injury causing you, its ideal to keep in mind the preventative measures on road. Always practice high sense of cautiousness, while driving in bad weather, at night and dusk, during heavy traffic etc. Avoid cell phones, mp3 players and other kinds of distractions while driving. If you are a cyclist or motorcyclist wear helmets and other safety gadgets.

As a pedestrian wear reflective clothing during dark hours. Road traffic accident claims can be made by you only when you are not the guilty party and so before filing for a compensation claim, make sure that you have all the evidence in your kitty to prove the guilty party wrong.

Prepare Properly For Your Immigration Background Checks

When you move to the United States an immigration background check is basically standard operating procedure. It doesn't always matter whether you have a green card or not. So knowing that a background check is going to happen, it makes sense to be completely prepared and know what a background check is going to look like. Even though you may be completely legitimate, and have all the necessary documentation, poor preparation could lead to you running into problems and that's the lasting that you want.

If your information is inaccurate, that one thing can cause major problems for you in the future. The worst thing about this is that while it could be a mistake, and sincere, any mistake can be considered by the government as the falsification of information. The worst thing about the accusation of falsification of information is that it can get you deported. It is therefore important to ensure that information when they do background checks on immigration is correct. Once again, that vagueness could be a big problem for you at the end of the day.

If you do not know what you need to know or are not sure of making the right choice for the first time, that is a good reason to visit an immigration attorney. A simple meeting with an immigration attorney can make the difference between a good background check or a great deal of heart ache. The immigration attorney will look at all your documents and make sure that everything you need to take a whole and all that is good to go.

Once you have all your paperwork together and you've had and immigration attorney look at the paperwork, the process is really simple. In fact the process can take up to five minutes. If you have your date of birth and your full name, the check goes quickly. Your information is input into a system and the records are access. Once they determine that you have a clean record your fine.

The thing is, just like with a credit check you don't want to find out there's a mistake once you're there getting the check. Your visit with the immigration attorney will take a look at your background go over it with you and make sure everything is good. Take a proactive approach to making sure that things are good and you are sure to avoid any delays and the worst-case scenario a shadow of doubt over your validity and possible deportation.

When Your Spouse Dies Without Estate Planning You Can be in Big Trouble

Having someone you love die suddenly can be terrible enough. But when that someone had no signed estate planning documents, the nightmare of dealing with the financial mess can go on for years.

Mark and Eileen had gotten to the point with their estate planning attorney where draft documents had been prepared. Even though their estate planning attorney kept encouraging them to make decisions, Mark and Eileen never got around to resolving a few open questions.

And then Mark was killed by a totally unexpected cerebral hemorrhage. One day he was here, the next day he wasn't.

Then Eileen wondered how she was going to live. She thought things would simply come to her and go on the way they had before, with the same bank accounts, investments, and real estate. But that was not to be.

Much of their property was community, which her attorney explained meant that it could be transferred to her without probate. Without probate, sure - but with a lot of legal papers and a court filing - a "spousal property petition" - that cost her $3,000.

However, her husband had inherited a piece of real estate from his parents. That made it separate property. Imagine how shocked Eileen was to discover that separate property does not go to the surviving spouse in California!

She and Mark had planned that this property would go to her while she was alive, and then pass to their children upon her death. But since her husband died without a will, that is "intestate," California law determined how his separate property would be divided.

Instead of the estate plan they had intended, the real estate was divided into thirds, one-third for her and one-third for each of their two children. Now her family is close, and everything will probably work out all right. But this could be a never-ending nightmare for the widow in some families.

Of course, even getting that far wasn't easy. Her lawyer had to file for probate for the separate property, which meant more forms, more legal mumbo-jumbo, more expense, and of course, more time. All in all, it took two years from the time her husband died until his estate was finally settled.

And the worst part? The legal fees were about $17,000. That's right, $17,000. And most of this amount were fees based on the value of the probate estate and fixed by state law. It didn't matter how much time her lawyer spent on the case, whether there were a hundred pieces of property to deal with or just one, he got the same for the probate - $14,000. (The additional $3,000 came from the spousal property petition above.)

Not finishing their estate plan cost Eileen $17,000, took two years of her life, volumes of paperwork, and ended up with her husband's estate not being passed on the way they had intended.

The moral of this true story: put aside your objections, doubts, hesitations, and reluctance; find a good estate planning attorney; get a will and a living trust - and sign these documents; GET IT DONE!

San Bernardino County Paternity: Recent Changes

In today's world of technological advances and virtually unlimited capabilities, many areas in people's every day lives are quickly changing. Tasks and things that used to be impossible for people are now becoming everyday realities. This even extends into the realm of parenthood. Individuals and couples that, in the past, would not have been able to conceive children, can now take advantage of fertility advances and can also have healthy children.

These fertility advances are not without their complications however, as with them come increasingly unique San Bernardino county paternity cases. Cases to establish San Bernardino county paternity usually tend to be emotional for those involved. Reasons for attempting to establish San Bernardino county paternity have classically included a father wanting to know if they are, in face, the biological father if they have to pay child support. Monthly child support payments can be quite expensive and if doubt arises as to the biological father's identity, the father usually moves forward with the San Bernardino county paternity case to be sure they are not making child support payments for a child that is not theirs. Another common reason for moving forward with these cases regards child custody battles. If the father might be awarded child custody, and the mother has doubts as to if he is truly the biological father, she may push for the San Bernardino county paternity case in an attempt to gain child custody.

With today's fertility advances, new reasons are beginning to emerge as to why individuals move forward with these cases. One example is when a sperm donor wants to find out who the recipient of his sperm was and wishes to meet the child that was produced. Family law is available to assist in issues such as this. Family law has dealt with various unique situations and family law can use this experience in any new cases that emerge. Furthermore, females might seek the help of legal professionals to ensure that they have legal protection regarding a unique fertility situation such as if they were the recipient of a sperm donation.

Overall, no matter what the specific reasoning is, these cases are normally pushed for because individuals are seeking to protect their rights and the interests of their children. The best interests of the children are usually at the hearts of the parents during these cases and the parents are often seeking the best outcome for those children.

There are many reasons why individuals establish a case to determine the fatherhood of a child and new reasons are becoming available with more technological advances. Along with this, the cases to determine the fatherhood have become increasingly complicated in response to those technological advances and legal professionals are continually keeping up to date on the latest issues and advances. Going through a battle such as any of the ones listed above can be a stressful undertaking so if a case becomes too complicated for individuals to handle on their own, legal professionals are available to help.

The Most Cost Effective Way to Conduct Discovery

A careful analysis of your discovery needs and available discovery tools can protect your client against undue expense. First decide what you hope to achieve through discovery: Do you want to push the case to trial, or are you simply trying to force a settlement? How you answer that question will determine the scope and thrust of your discovery. Also carefully analyze your information requirements. What type of information do you need from the other side? Are there sources of that information other than your opposition? How much will it cost to get the information?

The most obvious way to minimize the cost of collecting information is to draw upon sources that offer no resistance, such as your client, readily accessible files of government agencies, or publications from business groups and trade associations. When these sources of information have been exhausted, you can still protect your client against excessive costs by selecting your discovery tools carefully.

When properly used, carefully honed interrogatories can be a relatively inexpensive method of significantly advancing your information development. For instance, interrogatories are usually the ideal discovery tool in cases involving accounting data, complicated damages, technical information, or statistical data. By contrast, many hours can be wasted in a deposition attempting to obtain such material. As well, interrogatories are important for discovering the identity of experts the other party intends to call at trial, the subject of the expert's testimony, and the substance of the facts and opinions to which the expert will testify.

Effective interrogatories must be carefully drafted. You can achieve clarity and precision by preceding the interrogatories with a carefully drafted set of definitions and instructions. You may also wish to issue several sets of interrogatories, with each set limited to specified areas of inquiry. Be careful though, because interrogatories can be counterproductive and sometimes even harmful to your position. For example, if you have substantial knowledge of the facts of the case, you must consider whether interrogatories that go to the merits might be of more benefit to your opponent than to you.

The request for production of documents is a second low-cost discovery tool that can yield high dividends. In complex cases, requests for document production are often the starting point for discovery. These requests can be used in conjunction with interrogatories to obtain all the important documents for your case.

Finally, requests for admissions can be used to obtain valuable information from the other side. This discovery tool allows an attorney to garner admissions of fact and identity from the opposing party without having to take depositions or draft long interrogatories. Again, carefully draft Requests for Admission to achieve the quick result you are looking for.

In sum, it is best to obtain legal documents through informal exchange between lawyers. This, in the long run, will save your clients the most time and money. When it is not possible to obtain documents through informal exchange, carefully drafted interrogatories, requests for production of documents, and requests for admissions are useful tools to obtain necessary information in a relatively cost effective way.

Virginia Personal Injury Lawyers Must Know How to Link Texting to Accidents

I have previously written about the dangers of texting while driving, but the latest news from the National Transportation Safety Board (NTSB) provides more tragic proof of the reality of these dangers.

The NTSB is investigating the recent Los Angeles Metrolink commuter train crash, which resulted in 25 deaths and 128 people injured. According to recent reports, it is suspected that the engineer of the train was text messaging when the train ran a stop signal and crashed into an oncoming freight train.

Virginia personal injury/accident lawyers also have the ability to prove a driver who caused an accident was texting.

At the beginning of a lawsuit, lawyers can simply issue a subpoena for the driver's cell phone records from the provider by obtaining the driver's cell phone number.

Diligent Virginia injury lawyers should also be sure to ask whether the person accused of causing the accident has a work phone or uses more than one phone. If so, these providers should also be subpoenaed.

Also, Virginia accident attorneys should inquire as to whether the driver suspected of causing the accident has a blackberry device in addition to his/her phone. If so, these records should be obtained.

Further, an experienced Virginia accident lawyer will inquire about passengers in the car of the person accused of causing the accident and obtain their cell phone information as well.

It is a well-known fact that drivers frequently text "through" passengers' devices by "dictating" messages to their passengers to be sent.

All of these cell phone records will demonstrate the time each text message was sent or received, as well as the same type of information for telephone calls. These records may also prove that the at-fault driver was on the job at the time of the wreck, which could permit a claim against that driver's employer. As we all know, many employers provide cell phones and/or blackberry devices to workers and do not limit their use to just normal working hours.

If a driver caused a catastrophic automobile accident because he had his eyes and hands on his cell phone instead of the road or was otherwise distracted by passengers texting or talking on their phones, then Virginia personal injury attorneys can build a substantially better case for their clients using cell phone records as evidence to prove the other driver's negligence.

Is your Virginia accident lawyer doing this in your case?

Planning and Documentation Keys to Successful Employee Termination

In the current economic climate, many companies may need to decrease personnel to cut costs or may take the opportunity to prune under-performing employees. Firing employees can be one of the most difficult and stressful functions of a manager. Aside from the emotional component, there are a number of legal considerations that must be considered. Proper planning for the termination can reduce the employer's risks of a discrimination suit and lowering morale for remaining employees. A combination of preparation and documentation are the keys to a successful termination. This is not the time to skimp on legal counsel.

Virginia is an "at-will" employment state, which means that unless there is an employment contract that has other provisions, an employee can be fired at the will of the employer (at any time, for any legal, non-discriminatory reason). But even in an at-will state, firing employees without reason, and without having substantial documentation of that reason in their personnel file, is asking for trouble.

Terminating an employee should be the last resort. Having well-written job descriptions, good interviewing and hiring procedures, providing meaningful coaching and feedback to employees during employment and having routine performance evaluations can help prevent the need to terminate employees.

Before deciding to terminate, it is imperative to review an employee's performance and personnel file. Compare the employee's performance to the job description. Review any performance appraisals, warnings or other correspondence with the employee that is in the file. Review the company's disciplinary procedures and termination policy and procedures. If appropriate, meet with the employee to review shortcomings and give the employee the opportunity to improve. If the employee's performance reviews or personnel file do not contain evidence of poor performance, the company may have trouble defending itself from a post-employment discrimination suit. If the employee is in a protected class due to age, gender, race, etc., you are well-served to consult an employment attorney prior to the termination to lessen the chances or success of a post-employment discrimination suit.

Once the decision to terminate has been made, only the employee's direct supervisor should be informed. News of firings should not be in the company grapevine ahead of time. Make sure to follow all formal policies and procedures of the company.

Employers used to fire employees late Friday afternoon. That standard has changed, with current practice to fire early in the week and early in the day, to avoid having employees stew all weekend and possibly become violent. Call the employee into an office, conference room or other private space. Have a witness present, such as the director of human resources (HR) or a manager. Witnesses should not be low-level employees. Have the personnel record in front of you. Tell the employee directly that he or she is being fired, and briefly give the reason. Tell the truth, but don't give a lot of details or focus on them. It is important for the manager to be calm and as unemotional as possible. The employee will likely be angry or otherwise emotional. You may have to explain several times why the employee is being terminated. Try to limit discussions or debate with the employee, but answer the employee's questions as succinctly as possible. Be prepared to say: "I'm sorry, but my mind is made up."

Explain what pay and benefits the employee is entitled to after termination. If the employee has money due, have a check ready at the meeting. Be aware of any specific laws or regulations that might pertain to terminations. In Virginia, for instance, it is unlawful to hold back the last paycheck for any reason (such as waiting for an employee to return her uniform). The best practice is to have the employee leave the premises immediately. This limits any spiteful damage the employee can cause, and it will be easier for the remaining staff. Prepare to change the employee's passwords while he or she is in the meeting or just before you start the meeting. Collect all keys, credit cards, phones, computers, disks, manuals, documents, uniforms, tools, and other company materials. Have a box or two ready and escort the employee out.

In Virginia, no severance payments are required by law - severance payments are a matter of contract between the employee and the employer. Many employers choose to have terminated employees sign an agreement in which they get a severance payment in exchange for agreeing not to sue the company. These agreements are very difficult to draft, as they must integrate provisions of multiple federal discrimination statutes, which change frequently through legislation, agency regulation, or court interpretation. Have employment counsel draft the separation agreement and waiver ahead of time. Employees may have up to 21 days under federal statutes to consider the separation agreement.

After the meeting, review the terminated employee's job description as well as policies on warnings and dismissals. A different job description may have made a better match of employee to job. The job may have changed over time and the original job description may no longer be accurate. The disciplinary system also may not have worked well. This type of review may eliminate the need to fire someone in the future.

Keep details about the employee's termination confidential to maintain the employee's privacy. It is important, however, to reassure your remaining employees that their jobs are not in jeopardy. Let them know that the employee has left the company. It's also important to act quickly to get the terminated employee's work reassigned and a job opening posted, if necessary.

If the employee files an unemployment claim, the company should consider whether it wishes to take the time and expense to fight the claim. Many human resources professionals advise not to routinely fight the unemployment claims. As attorneys, we consider that a business and culture decision, but will advise you to consult with counsel immediately upon receiving a notice from the employment commission, as the form is deceptively simple. Failure to take the first notices seriously could severely impact your options later.

How Businesses Build Credit

You may not realize it at the time, but your business credit is just as important to the overall health of your business as your personal credit is to your private life. Many creative people will rush headlong into starting their own business without any inkling on how to create a healthy business credit profile. Let's take a look at a few basic steps you need to take to give your new business the healthy start it needs to get off the ground.

Separation is Key
There is a reason why so many companies out there are listed as corporations. When a company becomes a corporation, it essentially becomes its own person with its own credit profile and history. Even if your own personal credit is sterling, you want to create a LLC or limited liability company so that in case your business fails, your own personal credit will remain untouched. You should never, ever run a business based on your own personal credit profile. The failure rate, even for well run businesses, is simply too high and the cost is far too great.

Stick to the Plan
Next, you need a first class business plan. If you aren't familiar with business plans, they are like an outline for your business. Before you can lay a single brick or write your first line of code for your business website, you need to have a viable, successful business on paper. You will need to outline every expense, from overhead to employee salaries to incidentals. You will need to go into detail about the product or service you will be providing and how you plan on making a profit. A viable business plan is absolutely essential to getting the loans, and the credit, you need to start your business.

Cross your T's and Dot Your I's
Going hand in hand with your business plan is making sure that you have all of the necessary permits and legal permissions you need to start your business. If you are planning an online business, make sure that you are allowed to run it out of your home. You could have the best written business plan in the world but if you can't get your business licensed, it is a non starter and no bank will even consider extending you the credit you need.

Time to Get Assessing
Before you head off to your lender of choice, you will need to perform a credit assessment. A credit assessment is an evaluation that you can perform that will give you an idea of the standards you need to meet to get the necessary financing. These assessments don't take very long and they can give you a goal to shoot for so you don't waste time talking to a lender who is simply going to turn you down.

Once you've gotten an initial investment from a lender, it is up to you to maintain a good credit score. Vendors will be much more willing to do business with you if you have a small debt load, and it will be easier to convince other investors to come on board if you are paying your bills on time. Getting and maintaining a good business credit score is all about preparation and execution of your business plan.

Things Your Lawyer Wish You Knew

One of the first hires that every successful businessman makes is a good lawyer. A good business man puts in long hours year round and is constantly thinking about the next sale, the next client or the next merger. Our lawyers, on the other hand, are quietly looking out for us the whole way, but that doesn't mean that they sometimes wish we knew more about business law basics so that we could avoid common pitfalls. Let's take a look at a far from complete list of things our lawyers wish we knew.

Don't assume
One of the biggest mistakes that modern business men and women make these days is that they think they know everything. They happily pay to keep their lawyer or sometimes lawyers on retainer only to attempt to handle situations by themselves. Yes, you may have read about a similar situation on the Internet or you saw something on Law & Order, but those solutions likely aren't going to apply to the situation you have found yourself in. As much as lawyers don't like being awakened at 3am with questions, it is better to use the legally trained professional you've hired to help you than to attempt to solve a situation yourself.

Do you want a lawyer or a yes man (or woman)?
We all know that most successful business professionals have business sized egos. While you should always expect your lawyer to respect you and treat you professionally, they aren't always going to agree with you or even side with you over a dispute or problem, and it is absurd to get angry or even fire your hired help if they disagree with you. For some important business leaders, the only person around them the whole day that has the courage to disagree with them is their lawyer. Remember, your lawyer isn't trying to show you up, they are trying to protect you. Try to check your ego before you engage them in a conversation.

Don't be afraid to admit you are in over your head
As you can see, most of the problems that come from the business-lawyer relationship have to do with ego. Often times, when a highly ranking business professional finds themselves in a negotiation or in a personal situation that is simply too much to handle, the first instinct isn't to pick up the phone and call your lawyer, it is, instead, to blindly stumble forward instead of admitting you need help. This is a combination of ego and intense insecurity that someone will judge you as being unworthy of the position you've obtained. Clients often forget that there are client-attorney privacy laws and that no one else has the right to know what the two of you speak about. You've hired an attorney; you pay your attorney, so use your attorney if you need to.

Perhaps the biggest problem in the client-attorney relationship is the perception that the attorney is somehow the enemy or is working against your best interests. As soon as that suspicion is overcome, a proper relationship can begin.