Can You Work for a Company After Suing? Legal Considerations to Weigh

Finding the Right Employment Lawyer in Knoxville, TN

Overview of Knoxville Employment Law

Employee rights and workplace protections are governed by a complex set of federal, state, and local laws. In Knoxville, these issues are primarily addressed in the following areas:
Employment contracts- A written or verbal agreement between an employee and employer. In most cases, as a right-to-work state, Tennessee employers and employees are not bound to a contract unless it is signed by both parties. Employment contracts are not required in Tennessee; however, many employers choose to implement them.
Employment classification- Employment classification is often misunderstood. This covers the various categories of individuals who can be hired to work for someone else, such as an employee vs. independent contractor. Employees are only entitled to overtime wages if they work more than 40 hours in a week, while independent contractors are generally not entitled to overtime for any hours worked. Misclassification can be particularly troublesome for employers.
Termination of employment- Employers in Tennessee can fire anyone at any time, provided there is no contract. Employers cannot fire employees based on a protected class or other protected category, nor is it usually permissible to terminate an employee on the basis of sexual orientation or behavioral issues not supported by actual disruption of the operation. Employers may be liable for wrongful termination that results in an employee’s stress-related illness as well.
Wage and hour laws- Under the Fair Labor Standards Act , every employer is required to pay employees when they work. Employers in Tennessee are not required to pay overtime to employees under the age of 18, but are generally encouraged to do so.
Employers can rarely avoid overtime, which is calculated at a time and a half per hour beyond 40 hours in a week. Overtime pay is based on total hours worked for each individual day, so employees who are asked to work 10 hours Monday through Friday must receive twice their regular hourly rate for any hours they were working after 40 that day.
Common Lawsuits
The employment laws above provide only a summary of the many ways employers can violate workplace protections. Below are a few of the most common legal issues that arise when those laws are violated.
Employment contract violations- If an employee works solely under the constraints of an employment contract, any violation on the part of the employer may be cause for a lawsuit.
Sexual harassment or harassment based on a protected class (Racial, age, national origin, marital status, etc.)- Employees are protected from harassment and retaliation from supervisors, managers, and co-workers. Employers are responsible for maintaining and enforcing a harassment policy in the workplace.
Discrimination- Like harassment, discrimination occurs when an employer treats an employee unfairly or unjustly on the basis of an employee’s protected class. A person does not have to be a member of a protected group to file a discrimination suit against an employer.

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Co-Ownership Arrangements for Dogs

Simply put, dog co-ownership is when more than one person is the legal owner of a dog. The most common scenario is when a dog is purchased from a reputable breeder on a "co-ownership" term. If the breeder uses contracts, the contract may state that the breeder maintains some level of ownership of the dog; in that case, there are usually restrictions to the new owner’s (or "co-owner’s") rights with the dog and/or limitations on the dog’s breeding or showing career. Most often, that means that the new owner is restricted from breeding the dog unless the original owner approves of the match-up.
Another popular co-ownership scenario is between breeders, or a large kennel owner with multiple dogs, but this too, is somewhat limiting in that the person who wants to breed the dog must have her reproduction rights released, possibly paying a stud fee for her use . All of this information should be in writing, so that no one is surprised by a breach of contract issue later.
A third co-ownership scenario that is somewhat common for hobby breeders and trainers is what I call a training partnership. In this case, there is an ongoing training or performance cooperation between two parties who own a dog in common. Perhaps Person A buys a dog for performance, and knowing that she may not always have time to do the training or the showing, Person A negotiates a co-ownership deal with another person (Person B) who will do the performance training and show the dog. They also negotiate the details of the agreement, including where the dog resides (Person A’s home), how often the co-owner will use the dog for training and performance, and how profits (the monetary benefits won as prizes) will be shared. That agreement should also be in writing.

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What is an Attornment Agreement?

An attornment agreement is a written document between a landlord and tenant where one party consents to allow the other party to assign certain rights and obligations under a lease. This agreement comes into play when the landlord proposes to hand over the management of the site (or just the physical facility) to a third party or when the landlord intends to sell its interest in the property.
The purpose of an attornment agreement is to give the landlord relief from its obligations under the lease and to ensure that the tenant continues to pay rent to the third party instead of the landlord. The concept of attornment establishes the legally recognized right to transfer contractual obligations from one party to another .
Attornment agreements, however, can be more than just agreements between landlords and tenants. For example, courts have held that these agreements are persuasive authorities to bind a tenant to a new landlord in the case of property foreclosure. A tenant may therefore be bound by an attornment agreement even if it never enters into a lease with the new landlord, and even if the landlord did not actually foreclose on the property.
Landlords are the granting party to an attornment agreement. To enforce an assignment of the lease, a landlord may insert language in the attornment agreement providing for entry by a third party into any real property in which the landlord has an interest, including a mortgage.

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Understanding A Standard Music License Agreement PDF

What is a Music License Agreement?

A music license agreement is a legal contract between a person or entity who has certain rights to a piece of music and an individual or business interested in using that music. The agreement helps ensure that individuals or businesses interested in using the music have permission. It also protects the composer, musician and other owners of the rights to the music from unauthorized use or wrongful exploitation of the music.
The music license agreement may cover just one song, or may cover an entire album. The music license agreement can also set parameters for the use of the music. For example, it can allow creative use of the music , or it can limit the use of the music to only those individuals or businesses who obtained permission through the language of the music license agreement. It can also involve compensation to be provided to the owner of the rights to the music.
Common uses of music license agreements involve songs that are used in movies, commercials, promotional videos or product advertisements. Such licenses not only grant permission to those using the music to do so, but may also require the parties paying for the use of the music to provide attribution or credit for the use of the music.
An experienced entertainment attorney can assist with the development of a standard music license agreement PDF that meets the needs of your music and meets other legal requirements.

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What Is a Master Lease Agreement?

A master lease agreement contract is not your standard commercial lease agreement. It outlines the arrangement and responsibilities between the owner of an asset and the master tenant, but the underlying investors or actual tenants have separate agreements with the master tenant. Most often, a master lease agreement contract applies to a Build-to-Suit transaction and/or in the context of a net lease transaction.
According to the Cornell Legal Information Institute, a master lease agreement is "an overarching agreement negotiated between a tenant and landlord, particularly when a tenant plans on sub-leasing to multiple sub-tenants. Under the master lease, the landlord will lease the entire property to the initial tenant, who will then lease it back to all sub-tenants. A master lease agreement is commonly used when a company is leasing many branch locations". These contracts are often negotiated to last longer than a standard commercial lease agreement. Instead of renewing the lease with a tenant who may not be ideal for the terms of the lease, one overarching lease is negotiated for the use of multiple properties. In a master lease agreement, one entity holds the entire lease for properties with many tenants, which can make the arrangement easier to navigate overall.
A lease agreement is relatively simple. The agreement may be one page or 50 pages , but the pertinent information is the same. The language is standardized to the property being leased, but most commercial lease agreements have the same basic provisions. A master lease agreement contract is much different. The basic framework of the agreement is the same, but there are many more provisions to craft. This is because the agreement needs to focus on the overarching relationship between the landlord and the master tenant. However, terms between master leases and standard leases are very similar.
When it comes to a commercial real estate property with multiple tenants, the owner of the property can choose to execute standard leases with multiple tenants or a master lease agreement contract with one tenant. In the latter scenario, the property owner negotiates the lease with the master tenant, who in turn negotiates the lease with subtenants (if any). On the other hand, the owner would need to execute separate leases with multiple tenants. Transactions involving a master lease agreement contract are most often associated with Build-to-Suit transactions. This is because a master lease agreement contract provides the owner with flexibility. Although this can increase the level of complexity, this type of flexibility allows the owner of the commercial property to adapt to the personality of the property or business.

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Does the Bar Exam Cover Family Law?

How the Bar Exam Is Structured

The structure of the bar exam generally varies by jurisdiction. However, most states use some form of multiple choice test known as the Multistate Bar Examination ("MBE"). This test is administered on the second day of the 2-day national bar exam. The MBE tests the law on the subjects of civil procedure, constitutional law, contracts, criminal law, evidence, real property, and torts.
There are other tests that are typically given on the first day of the 2-day national bar exam. Generally, a portion called the Multistate Performance Test (MPT) is given. The MPT requires examinees to perform certain attorney tasks that a new attorney would perform in practice . Some jurisdictions, including Texas, also have an essay portion where they test your knowledge in local law.
As discussed above, the MBE, the essay portion, and the PMT are given on the 2-day or 3-day national bar exam day. Localized tests such as legal ethics and professional responsibility are typically given in the morning or afternoon. For example, in Texas, on the first day of the 3-day exam, you will take the Texas Civil Procedure exam in the morning, the PMT, including Texas Civil Procedure, and on the second day of the exam, you will take the MPT.

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The Definition of a Black Powder Pistol in New York State

Generally, the New York legislature defines a revolver or pistol under Penal Law § 265.00(3) and defines an antique firearm (including black powder pistols) under Penal Law § 265.00(2). Specifically, Penal Law § 265.00(2) excepts from classification as a firearm, any "(a) weapon specified in subdivision one of this section which is (i) produced prior to 1899, or (ii) has been designated as a collector’s item by the commissioner of the division of criminal justice services (hereinafter "the ‘Commissioner’"); or (b) any firearm (the PMI may consider to be an antique firearm but not the Commissioner), whether or not designed or redesigned for using rimfire or conventional centerfire fixed ammunition, or a firearm of any other type, including a concealed pistol, revolver or other weapon, which operates by the ignition of gunpowder, the control of which does not use the energy generated by the propellant, or the pressure arising from such ignition, to effect the discharge of the missile from the weapon in which it is contained . " The Commissioner notes that "antique firearm" includes those that may be fitted with revolver or shotgun ammunition, (e.g., classic cowboy shooting competitions) but may not use modern-day shotgun ammunition. See Regulations of Commissioner of Police 37 RCNY § 2-03 (stating that "actual `black powder’ revolvers and shotguns are considered by the Bureau to be `antiques.’"). Black powder revolvers and pistols may be required for use in cowboy shooting competitions as they most accurately depict the revolvers and pistols of their modern-day counterparts. Those who wish to utilize antique firearms for target practice may be able to purchase modern-day replicas that are still classified as antiques.

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Marital Contracts – What are They?

Prenuptial agreements and postnuptial agreements serve the function of marital agreements. Generally, a marital agreement is a document executed by both spouses and which states how issues relating to the marriage will be handled. In modern times, such agreements are increasingly used by parties who have limited incomes, or first generation wealth, or wealth that has been acquired during the marriage. In other words , marital agreements are commonly used by couples who do not possess the multi-multi-millionaire status that marital agreements were originally designed for. If such an agreement is entered into prior to the marriage it is called a prenuptial agreement. If the agreement is entered into after the marriage, it is called a postnuptial agreement. The purpose of both types of agreements is to define, to the extent possible, the rights and obligations of the parties in the event of death of either party or divorce of the parties.

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What is an Agreement to Provide Insurance?

An agreement to provide insurance is a type of legal document in which one party agrees to cover the other for any losses or damages that may occur over the agreed timeframe. Usually in practice, one party (often referred to as the contractor) may be responsible for providing an insurance policy or a certificate of liability insurance to another party (the client or supplier).
While not always the key binding contract in a deal, the agreement to provide insurance may be a supplementary document that is simply designed to protect an investor or buyer from any unforeseen circumstances that may arise down the line.
An agreement to provide insurance should usually include details about the agreement period , the types of insurance that will be provided to the recipient, the conditions of the contract, and any relevant clauses about terminating the agreement or starting mediation/arbitration if one of the parties is in breach of the contract.
This type of agreement can be useful in a range of purchases, including but not limited to:
In many cases, an agreement to provide insurance is the precursor to a larger contract – for example, many business purchases are formalised with an asset purchase agreement or a business purchase agreement, often with the agreement to provide insurance serving as an indication of the deeper arrangements in the deal.

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Michigan Tree Laws Explained: Your Complete Guide

An Introductory Guide to Tree Laws in Michigan

Michigan homeowners, landowners, developers, and homeowners’ associations need to understand the law as it relates to trees—and I mean all kinds of trees. The law distinguishes between trees; ornamental trees; shade trees; evergreen, coniferous trees; deciduous, broadleaf trees; and at least four other types of trees that might be found in your neighborhood. Do these classifications really matter? You bet they do.
Landowners may have the right to remove or trim trees on their land, but can that authority be curtailed by law or association rules? The answer, again, is yes. When can trees be trimmed or even removed entirely? How about when trees grow too close to roads, power lines , or structures? Can trees be removed where the branches encroach on your property or block your view?
The truth is that tree disputes, if not resolved at an early stage, can lead to costly litigation. Landowners are generally entitled to use their land, subject to applicable legal limits, but trees can impact this use and create disputes. Tree law issues particularly affect the rights of homeowners to maintain landscaping or views and the ability of developers to construct new housing. Determine how tree laws impact your situation before you take action.
This blog article touches briefly on Michigan tree laws. For a more in-depth discussion of the law, click this link: Michigan Tree Law.

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