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Portland Business Law Blog

8 steps employers can take to prevent employee embezzlement

An employer/employee relationship is one of special trust. Sometimes employees take advantage of that trust by stealing from their employer. Embezzlement can happen when employees take cash or reroute invoice payments from customers, but it can also happen when employees submit fraudulent invoices for payment or use the company credit card for personal expenses. Embezzlement hits companies, public agencies, and nonprofit corporations of all sizes. The U.S. Department of Commerce reports that nearly a third of business failures are related to employee theft or fraud. Luckily, this is an area where an ounce of prevention can save your company from financial calamity down the road.

Eight particularly easy solutions you can take follow below:

5 important clauses to include in an employment agreement

When you are starting your business, you may be your only employee. But once you are ready to hire an employee, you should have an attorney draft an employment agreement (or several different agreements for different types of employees) to clearly outline the employee's responsibilities and the company's expectations.

Critical clauses to include in the employment agreement include:

3 Reasons Why a Proposed Merger or Acquisition May Fail

Acquiring or merging with another company can create significant business opportunities unlike any other. However, both are highly complicated, and many are unsuccessful.  When faced with the possibility of merging with or acquiring another business, it's important to consider some of the more common reasons why these arrangements sometimes fail.

The Oregon Franchise Act: What is it and where can I get one?

Thinking about being your own boss?  Generally, you have two options--start your own business and do the hard work of creating your own brand to build your customer base, or purchase a franchise and get the advantage of a well-known brand.  It's likely that most people understand there are many risks in starting your own business and that owning a franchise is often a safer investment.  But what if a franchise seller makes false statements or omits important facts in selling a franchise that doesn't operate as advertised?  Whether you're the franchise buyer or the seller, the Oregon Franchise Act ("OFA") has the answer.

Boilerplate headaches

There are two kinds of people in this world: those who read contract boilerplate, and those who don't. We'll bet we're in the first group, and you're in the latter.

These long blocks of text at the end of a contract can seem insignificant, especially when it seems you've seen it a million times. During the life of the contract, many or most of these provisions never come into play, and you may have conditioned yourself to believe this is always the case. But once triggered they can deliver quite a punch. The question becomes which party will enjoy the punching, and which party wishes they had paid more attention to all those time-intensive details at the contracting stage of the relationship.

Executive employment claims: Understanding termination without cause

When it's time to terminate an employee, even an executive, an employer often has a reason. Whether the reason is poor performance or a specific incident of misconduct, there is often a cause for the dismissal.

Still, there are other situations where an executive's tenure has passed. The company may have decided to go in a different direction or the company may, simply, be looking to reorganize and make changes. When there is no cause for the termination, it becomes likely that there will be an unemployment claim for the executive.

Successor liability: Avoiding the minefield of unexpected exposure

Buying a business is a risky proposition. The only way to contain and mitigate that risk is to conduct a thorough investigation into the acquisition target while being backed by retained advisors experienced in business transactions. In any acquisition there are dozens, if not hundreds, of risk factors. One such factor often not considered by first-time purchasers is that of successor liability - the extent to which the successor business, could be liable for certain debts and obligations of the seller's business after closing.

Ushering In A New Era In Of US-Based Privacy Regulation That Could Affect Your Business

Does your company engage in business in California? Does it collect personal information of consumers and alone, or with others, determine the purpose and means of processing same? If so, do any of the following describe your business?

Liability protections for members of LLPs and LLCs

When forming a business entity, liability protection for individual owners is a crucial consideration. Some entities provide greater protections than others. LLCs (limited liability companies) and LLPs (limited liability partnerships) are attractive options because they shield owners from personal liability.

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