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Dayton Legal Issues Blog

Avoiding the top 10 violations that lead to OSHA citations

Running a company is hard work. As someone who has held this professional role for an extended period of time, you have likely come across many instances in your career that you had not anticipated, including visits from the Occupational Safety and Health Administration.

Because employee safety remains a top priority, OSHA may schedule periodic visits to ensure that companies do not put their workers at unnecessary risk. However, they may also conduct an investigation if serious injuries resulted from a work-related accident. You certainly do not want to have OSHA cite you for any violations, so you may find it in your best interests to avoid major issues.

Signals flashing green for small business principals

Today, next month, in a year, perhaps?

There are unquestionably many things on the mind of an entrepreneur and would-be small business owner in Ohio or elsewhere, including concerns with time.

Sexual harassment a continuing top-tier employment law topic

Although sexual harassment has always been a central employment-linked concern for companies in Ohio and nationally, it has seldom – if ever – garnered more attention than it is currently receiving.

The reasons for that are multiple and obvious. Most centrally, perhaps, they owe to the steady stream of stories surrounding harassment allegations against high-profile figures in politics, the entertainment industry and business.

Anti-poaching contract language turning toxic: time to review?

If anti-poaching clauses are a mainstay of your business as an Ohio franchisor, you might want to promptly consult with experienced employment law attorneys for advice and potential revision of your policies and contracts.

Here’s why: Those provisions are increasingly being questioned and coming under legal attack in states across the country, including Ohio. Franchise owners can point to many reasons why anti-poaching language promotes their bottom line, but pro-business arguments are under an onslaught presently from public sentiment and regulatory action that solidly opposes anti-poaching agreements.

Making or breaking your estate plan: the surrogates you choose

An alluded to “they” in a recent business article can “make or break your estate plan.” Those individuals are obviously important people who need to be carefully considered.

And thoughtfully selected.

Iconic pizza chain’s management war turns poisonous

John Schnatter is clearly a business survivor. You might not know who he is by reference to that name, but there is a strong likelihood you do through his moniker Papa John.

As in pizza. Lots of pizza.

Litigation isn't always about a financial recovery

Many of the business relationships you enter into provide your company with items and services required in order for you to run your business. For this reason, you enter into contracts with suppliers, vendors and others to help ensure that you receive the materials and services you need.

When another party fails to live up to the terms of a contract you entered into, you may pursue financial damages as part of any dispute resolution, including litigation, but that may not be the only avenue of recovery you need.

One celebrated franchise model now under stress, scrutiny

The mega-franchisor 7-Eleven notes on its website that it has dozens of franchise units spanning the state of Ohio, which is also similarly the case in other states across the country. Many people asked to cite an example of franchising success in the United States might reasonably point to 7-Eleven.

Despite the company’s long and proud history, though, there are some cracks in its armor these days that are both notable and progressively increasing.

Should my small Ohio business have a formal harassment policy?

The established Dayton law firm of Gottschlich & Portune understands business challenges and opportunities from an employer’s perspective. Our legal team commands decades of experience representing diverse clientele across a wide universe of matters relevant to their operations and bottom line.

We note on our website that our advocacy spans both litigation and more proactive company involvement that can help avoid later problems. Timely legal consultation and the application of sound policies and strategies can alleviate risks concerning wide-ranging employee claims. Those include allegations of discrimination, retaliation, wage/hour violations, wrongful termination and various types of harassment.

Overcoming hesitancy in family estate planning communications

We know at Gottschlich & Portune in Dayton that even well-intentioned estate planning can go awry for individuals and families in Ohio and nationally.

Things get in the way. Time goes unexpectedly fast. Family communication breaks down.

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