Determining which business structure best fits your needs and goals as a West Virginia business owner is a top priority during the startup phase. There are several main structures to choose from, including a Limited Liability Company (LLC), sole proprietorship, partnership or corporation. If you do not register under a specific structure, the Internal Revenue Service (IRS) will consider you a sole proprietor.
Whether you have employees or operate your business alone, you can register as a corporation. This business structure has benefits that other structures do not have. As a corporation, your shareholders are not personally liable (beyond the amount of their investment) if someone sues your business. A corporation also has a perpetual lifespan, meaning a company continues to exist even if its founder dies.
A potential downside to registering as a corporation has to do with control of business operations. If you are the type of person who wants 100% control over your company, then you might want to explore other business structure options. In a corporation, a board of directors typically governs the business. Double taxation is another downside for corporations. A corporation must pay taxes on the profits it issues to shareholders, then shareholders pay taxes on their proceeds.
As a corporation owner in West Virginia, you’re required to hold annual meetings in accordance with established bylaws and record minutes at the meetings. Because a corporation can raise capital by selling stocks and issuing bonds, many people find the annual meeting requirement a minor inconvenience that is worthwhile.
As the owner of a West Virginia corporation, you’re required to file articles of incorporation. This is a document that contains the name and purpose of your business, as well as information regarding stocks. The Secretary of State can provide the paperwork you need. You’ll also need to draft corporate bylaws, which you can best accomplish under guidance from a knowledgeable business law source.
]]>Harassment in the workplace is illegal and uncalled for. It is the responsibility of employers to take the time to cultivate a work environment that is respectful and safe, and they must take claims of sexual harassment seriously. There are also specific steps employers can take that will reduce the chance of these types of events from happening through awareness and empowerment.
The prevention of sexual harassment in the workplace is the morally responsible and legally necessary thing for all employers to do. It is also good for business as it provides employees with a safe environment and makes a company a better place to work. In the effort to increase awareness of sexual harassment and prevent it, the following steps may be helpful:
If an employee experiences sexual harassment and reports it, he or she should be able to do so without fear of retaliation or other consequences.
For individuals who are victims of sexual harassment in the workplace, they have the right to speak out. If this happened to you, there are legal steps you can take that will allow you to hold the responsible parties accountable for what you experienced. There are legal steps available to you that will allow you to seek justice and appropriate compensation for mental duress, emotional trauma and even the financial loss you may have experienced.
]]>It’s not just rejection over for a promotion that occurs as retaliation for blowing the whistle. Employers denied many workers pay raises or demoted them from their positions in similar circumstances. You might even have shown up for work one day and found out that the company no longer needs your services. In short, they fired you, and you believe it is directly related to the fact that you reported unlawful activity in the workplace.
The Occupational Safety and Health Administration (OSHA) is a government agency that investigates violations of employment law in the workplace. For example, if you caught your employer cutting corners and disregarding safety codes to expedite production while creating an unsafe work environment, this might be an issue that OSHA would want to investigate.
Certain jobs, like working in a West Virginia mine, fall under MSHA’s oversight rather than OSHA. MSHA stands for The U.S. Department of Labor's Mine Safety and Health Administration. If you work in a mine where your employer is not adhering to safety regulations, your life and the lives of your coworkers may be at risk. If you report the situation, then suffer repercussions from your employer, it might be a case of whistleblower retaliation.
In addition to OSHA and MSHA, there are many other government agencies that help enforce worker safety in West Virginia and all other states. There have been many cases where workers are hesitant to report their employers, supervisors, managers or other executives for unlawful activity or safety violations because they fear retaliation.
If you have been hesitant to step forward to report an issue, you’ll be glad to know that labor laws exist to protect you. While most employers may hire and fire employees at will, they may not unlawfully terminate their positions as retaliation for whistleblowing. This is a direct violation of U.S. labor laws. If you and your coworkers are facing such problems, it is advisable to seek support from someone who is knowledgeable about West Virginia employment laws.
]]>Wire fraud is a common example of a federal criminal offense. This is a crime that takes place using a form of telecommunication, such as email, fax machines, the use of social media, text messaging and more. It often takes place via communications over state lines or even between countries. If you are under investigation for this type of crime or are already facing charges, you will benefit from taking your case seriously.
The federal government takes wire fraud seriously, and these cases typically face prosecution to the fullest extent of the law. In order to have a valid wire fraud case, there must be evidence of voluntary and intentional participation in a fraud scheme, as well as the use of telecommunications to commit that crime. The penalties for wire fraud are significant, with potential penalties including up to 20 years in prison and as much as $250,000 in fines for individuals.
There is a five-year statute of limitations for wire fraud cases, unless the fraud targeted some type of financial institution. In that case, the statute of limitations would be 10 years. Wire fraud often takes place in the form of a scam, such as sending an email asking for money under the guise of a false reason or as a non-existent individual. The intent of these scams is to obtain sensitive financial information or access to funds.
One of the most important things to remember is that you have the right to defend yourself against any type of accusations, regardless of their severity or type. Due to what is at stake when facing federal charges, you will benefit from seeking the support of an experienced professional who can provide insight regarding the specific defense options available to you. An assessment of the individual wire fraud case can allow you to understand how to protect yourself and develop an effective defense strategy.
]]>If you believe that you are the victim of wrongful termination, you do not have to remain silent. You will benefit from learning more about the factors that may contribute to wrongful termination and how you can fight back against the responsible party. Any violation of your employment rights could be a valid reason to pursue legal recourse.
Wrongful termination occurs when an employer violates a law when firing an employee or violates the terms of an employment contract. It is often difficult to prove wrongful termination due to at-will employment laws, but the following are examples of how it can occur:
It may require an in-depth investigation of the circumstances of your firing to determine that you were the victim of wrongful termination. If there is evidence that there was a violation of your employment rights, you may consider moving forward with a civil claim.
If you are unsure of your options or what you should do next after unexpectedly losing your job in North Carolina, it will be helpful to seek experienced guidance regarding how you should move forward. An assessment of your situation can provide you with insight on whether the civil justice system is an appropriate course to take in your pursuit of justice and compensation after a wrongful termination.
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