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How to ensure your non-compete is enforceable

Whether you are a small business owner or working for a larger corporation, you may be familiar with non-compete agreements and how they can protect your business. Non-compete clauses are created to keep your company’s mission, business agreements and inner workings safe and protected from competing companies. When you hire a new employee, you want to ensure that they will not disclose any of your private company information with other businesses should they quit or become terminated from their position. It is critical that you set up your non-compete arrangement in such a way that it is enforceable and stands up legally in your contract. 

When drafting the contract, make sure your contract includes all of the important components of a non-compete agreement. This includes how long employees are restricted from working for a competing business once they are terminated, as well as the geographic area they are bound to. You should also be specific regarding the market in which the agreement is involved. In Ohio, employers must ensure that the skills restricted by the non-compete were developed during employment at the business. Furthermore, the agreement must not pose a strict hardship on the employee. 

Preventing inheritance disputes

The best way to avoid inheritance disputes in Ohio is to plan for them and try to prevent their occurrence. Clear and comprehensive estate planning makes the grieving process and disposition of your assets easier for your loved ones. Plus, a will that is well drafted greatly reduces the likelihood of it being challenged in court. 

Inheritance disputes take place all the time, and especially when there are significant assets at stake. Forbes reported that the late great singer Aretha Franklin’s estate is currently being contested by multiple family members. While Franklin’s attorneys and family had for some time been under the assumption that she had died intestate, three handwritten wills were later discovered and are now the subject of a court dispute. 

Checks and balances to prevent elder abuse

The cognitive and physical impairment many seniors face can place them at serious risk of financial exploitation if a malicious party manages to gain control over their finances. This is why it is important to establish who has medical and financial decision making power in the event you or a loved one in Ohio become too infirm to make those decisions. In some cases, you may even want to split that power among multiple individuals.

One thing to do early on is to make sure an undesired party does not move in to take over you or your relative’s finances. As Consumer Reports points out, it is important to set up all the appropriate documents, like a will or a power of attorney document, that names and empowers proxies to act in the event a person becomes incapacitated. Remember that you have the power to name who cares for you or your family.

What do you need to know about Ohio non-compete agreements?

Everyone knows the business world can be brutal. Companies come and go, and if you want to carve out your own space and build toward success, you need a solid plan. You need a competitive advantage. And you need to protect it.

Recently, the two lawsuits that highlight the ways Ohio businesses might use non-compete agreements to protect their business interests. However, as the article noted, the law for these contracts isn’t always black and white. If you want to use them to protect your business, you need to understand how they work.

A business plan can get your venture started right

Starting a business is a dream for millions of people. The right amount of drive and passion for what you do will help any new venture get to its feet. Unfortunately, that's not always enough to keep things moving forward. A successful business needs a plan, and the best time to write a business plan is during formation.

Everything from data metrics to personality-driven summaries of your goals will be at home in an effective business plan. These are a few of the most important documents to include and considerations to take as get started.

Following Fox deal, Disney eyes Hulu

The Walt Disney Company is so prevalent in the world of multimedia that people in Ohio likely consume content released by the company without realizing it. Following a successful deal to acquire Fox that took effect on March 20th, Disney's CEO confirms that the entertainment conglomerate is now eyeing a larger stake in Hulu, one of the most popular online streaming platforms for television and movies. 

Recent data reflecting Disney's revenue for the second quarter of the 2019 fiscal year reveal that the company has exceeded analysts' estimates of $14.36 billion, showing Q2 revenue of $14.92 billion. The second quarter saw the finalization of Disney's acquisition of Fox's entertainment assets for $71 billion. Within the first eleven days, the acquisition resulted in $25 million in operating income and $373 million in revenue for Disney.

How can I choose the best power of attorney?

While it may be unpleasant to think about, there might come a time when you're unable to make medical decisions for yourself. A power of attorney is crucial in this case, as this person will be your advocate to medical staff and even family members, who might not agree with your wishes regarding end-of-life care. Very Well Health explains what to look for when choosing a power of attorney so you can rest assured that you made the right decision. 

First and foremost, you should have a great deal of trust in this person. This is why many people choose a family member or close friend. Being a medical advocate is a huge responsibility, and unfortunately, not all people are up to the task. When considering prospective choices, be honest with yourself about whether the person is willing and able to fulfill all duties. Being a power of attorney can be intimidating in some aspects, especially when it comes to dealing with medical staff. 

School district fires teacher over topless photo

People in Ohio who work with children or adolescents find themselves held to a high standard of behavior. The expectation is often that, in addition to performing duties related to the job itself, they will serve as role models for the young people they work with. Representatives of a New York school district recently told a middle school math teacher that she could no longer serve as a role model to her students after a topless photograph she allegedly took of herself three years ago recently came to light, resulting in the termination of her four-year employment. She is now suing the school district on the grounds that the firing was unfair. 

The 25-year-old teacher reports that she loved her job, and evaluations of her performance described her as "dedicated" and "outstanding." She allegedly took the photo, which depicts her with exposed breasts, three years ago to send to another teacher in the district with whom she was in a relationship at the time. The school district found out about the picture from a student who somehow obtained access to it. The teacher claims that she never posted the photo online and does not know how it came to be in the student's hands. 

Avoiding burnout as a small business owner

Running a small business can be incredibly rewarding. It is also a lot of hard work. The tasks that come before an entrepreneur can sometimes seem unending. Given this, one thing it can be very important for company owners to stay aware of is the risk of burnout.

Getting burned out can cause harm to a person’s health and well-being. For business owners, it could also be damaging to their company. Burned-out and overstressed owners could be more likely to make harmful mistakes or let critical tasks slip through the cracks.

Is your company's HR department up to date and viable?

To say that a company's human resources department plays a key and varied role in daily administrative and operational functions is sheer understatement. Even a quick look at what HR specialists routinely focus upon reveals the all-encompassing oversight that this management group commands in the work realm.

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Gottschlich & Portune, LLP
201 East Sixth Street
Dayton, OH 45402

Phone: 937-802-2397
Phone: 937-802-2397
Fax: 937-824-2818
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