Author Archives: blumberg

Solana Beach Lawyer—Provisions of Paid Vacations

  PROVISIONS OF PAID VACATIONS  There is no legal requirement in California that an employer provide its employees with either paid or unpaid vacation time. However, if an employer does have an established policy, practice, or agreement to provide paid vacation, then certain restrictions are placed on the employer as to how it fulfills its…

Solana Beach Lawyer—Salary and Bonus Provisions in Employment Contracts

 SALARY AND BONUS PROVISIONS ARE PROVIDED  Obviously, the compensation that an executive will receive is important. To determine the salary range commensurate with the position, it is helpful to do some comparison shopping. Clearly, the type of organization (professional society, trade association, or charitable organization) will have some bearing on the compensation level of the…

Solana Beach Lawyer—Contract Terms of Agreement

 TERM OF THE AGREEMENT CAN VARY  Ideally, the term of the contract should be for no less than three years. Anything less than three years is not sufficient to allow the executive time to implement policies. Short-term association contracts also don? generally benefit association employers, as they don’t instill confidence in the employee and promote…

Solana Beach Lawyer—Contract Priorities

 CONTRACT PRIORITIES CENTER ON SEVERANCE By far the most important parts of the association executive’ contract are the sections that deal with termination and severance. From your perspective, the termination and severance clauses of the contract should provide at a minimum the following commitments on the part of the employer (along with the continuation of…

Solana Beach Lawyer—Contract Strategies

CONTRACTING STRATEGIES ARE KEY Arriving at a mutually acceptable employment contract requires a fair amount of negotiation. Paying attention to some key steps will also help the executive who is less experienced in such dealings. Clearly, the best time to obtain a contract is at the outset. Most executives are hired by a group process…

Solana Beach Lawyer—Employment Agreements

 EMPLOYMENT AGREEMENTS  It has traditionally been common wisdom that executives should have a written employment agreement, and that those who didn’t were disadvantaged. This is especially true today when it appears that the average tenure of employment of an association CEO has been significantly reduced. Lately, association CEOs seem to be in the category of…

Solana Beach Lawyer—Small Claims Court

YOU AND SMALL CLAIMS COURT: BE PREPARED Civil conflicts can be time consuming, emotionally daunting, and quite expensive. For the most part, keeping your dispute away from the Superior Court would be wise at several levels. If the dispute is small enough, the Small Claims Court is typically a reasonable, economically sound option. What is…

Solana Beach Lawyer—Breach of Contract

 BASIC ELEMENTS OF A BREACH OF CONTRACT ACTION To make out a claim for breach of contract requires a pleading of (a) the contract; (b) plaintiff’s performance or excuse for nonperformance; (c) defendant’s breach; and (d) damage to the plaintiff. It is necessary to specify that the contract is written, oral, or implied by conduct….

Solana Beach Lawyer—Products Liability

PRODUCTS LIABILITY : INJURIES FROM FAILED AND DEFECTIVE PRODUCTS Overview “Products Liability” is an area of civil law where injuries are caused by defective products. In California, and throughout the United States, laws exist that allow for recovery of damages against those responsible for these injuries.  What is “Products Liability?” Products liability refers to the…

Solana Beach Lawyer — Negligent Corpse Handling

 WHAT IF THE BODY OF MY DECEASED LOVED ONE IS MISHANDLED? At some point or another, we all must face having to bury a loved one. The emotional upheaval for the loss, alone, can be overwhelming. Just think how devastating it would be if there is any mishap during the burial process. If in California,…