The recent report from the NLRB discusses the outcome of investigations into 14 cases involving social media by the agency’s Division of Advice. In four cases in the report, the NLRB found the workers were protected under Section 7 of the National Labor Relations Act because they were discussing terms and conditions of employment with fellow employees.

In one case the NLRB sided with a luxury car salesman fired for posting photos of a sales event in which hot dogs were served, cheap food he deemed to be conveying the wrong message to potential clients. His introduction to the photos remarked that he was happy to see that the employer had gone all out for the party. The NLRB said the salesman was vocalizing the concerns of his co-workers, whose salaries were based entirely on commissions.

In another case, the NLRB sided with two restaurant employees fired after reacting online to a critical Facebook post by a former employee. The ex-worker criticized her one-time employer for failing to withhold enough money for state taxes. One fired employee pressed “like.” The other said she also owed money and used profane language to describe the employer.  The report noted that the issue had previously been raised with management, and the online discussion concerned future group activity by the employees.

But the NLRB sided with a retail store that disciplined an employee who complained on Facebook about “tyranny” at work and criticized an assistant manager with a denigrating term. The posts were about an individual gripe rather than concerted action, the NLRB said.

Section 7 covers most private sector employees and applies even if the workplace is not unionized.  The decisions seem to turn on whether the “complaining” involves or discusses an employment issue affecting a group of employees versus one individual employee.  However, it is important to note that the NLRB’s position on social media has not been tested in the courts, and the legal issues are still developing.

View FULL Report Here

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

‘Twas the week before Christmas and all through firm, the lawyers were working hard before the holiday’s adjourn.    Rulon  on the phone, and Ranier in a meeting; Ryan in a deposition and Spencer taking new calls with a warm greeting.

I was preparing a letter when my phone rang with a clatter – It was our receptionist alerting me to a new matter. A young couple had walked in, unannounced and clearly distraught.   I ushered them to my office, and asked how in such a sad state they had got.

The woman gently explained, holding back tears with might, that they had bought a house without attorney oversight.  Having saved for so long, the deal seemed too good to be true….but throwing caution to the wind, they signed documents whose meaning they had not a clue.

After closing, they moved in with such glee.   They put in new carpet, painted the walls and fixed the a/c.   It was the home of their dream – or so it did seem.   But their dream was soon dashed  – just after the check was cashed.

We learned, said the man, by a knock on the door,  someone else claimed that he still owned this house, as before.   He declares there was a forgery of the signature on the deed, and that it does not have the number of witnesses we need!  We now have a fear we will lose all that we have put into this house.  We don’t know if this man is honest, or just a greedy louse!

I examined their papers and was sorry to learn, a problem existed I was able to discern.  The deed was invalid and the lack of two witnesses was true.   When I delivered this news, the young couple was blue.

“How could this happen?” “How could this be?”  “The documents were prepared by a man to whom we paid a modest fee!”

“Was he a lawyer?” I inquired, feeling a growing sense of dread.  “Frankly, we didn’t  think to ask” they dolefully said.

“It was cheaper this way – we thought a real lawyer would cost just too much”, they claimed.   “But an attorney’s fee is small price to pay to safeguard such a large investment”, I explained.

To provide legal advice, one must go to law school, and only a trained lawyer can properly explain a document, statute or rule.  A lawyer has the knowledge to apply this training to a practice area he can master.   But the hiring of a non-lawyer is simply a recipe for disaster.

By trying to save a few bucks, the couple lost the property whole.   Gone was their money, their toil and home-ownership goal.   They learned a tough lesson at the expense of this cheating:

The hiring of an attorney is necessary to guide you through any legal proceeding!

The next time you intend to buy, sell, or rent, consult with a lawyer and learn about the pitfalls to circumvent.   A lawyer can advise you, guide you and provide counsel.  A lawyer will prepare your documents to make sure your transaction comes out well.

The law firm of Bogin, Munns & Munns has offices throughout this great State.   We’re here to represent you and provide services first-rate!  We have lawyers that can help you in areas such as real estate, probate, taxation, and litigation.  And our personal injury department can help if you are injured in a car, at work, or even on vacation.

From all the lawyers and staff at Bogin, Munns & Munns, P.A. our thanks for your continued trust is sincere.   Merry Christmas to all, and we look forward to seeing you in the New Year!

In mediation, each side to a dispute presents his/her/its case to a trained, neutral person.  The mediator then acts as go-between for the parties, using his interpretation of the facts and the law to help them reach a settlement.  However, the mediator does not have any decision-making authority and can only use persuasion to achieve this goal.

In contrast, an arbitrator is a decision maker.  Each party first presents his/her/its case to the arbitrator.  The presentation is more formal than it is in mediation and, like a trial, it may involve examination and cross-examination of witnesses.  The arbitrator weighs the evidence, interprets the law, and makes a ruling regarding liability and damages.

Generally, mediation and arbitration are voluntary processes in which the parties may choose to participate.  However, in Florida, some courts have instituted court-ordered mediation as a means of reducing the court’s caseload.  If a full or partial settlement is reached, the court is provided with the agreed-upon terms and trial will proceed on the non-resolved issues, if any.  If no settlement can be obtained, the court is simply informed that the mediation was unsuccessful and the trial process proceeds.

Arbitration may be voluntary – either as a result of a term of a contract entered into by the parties prior to the dispute or otherwise – and if so, is generally binding.  In other words, if the parties have agreed to submit their dispute to arbitration, the decision of the arbitrator is final and may only be appealed on very limited grounds.

In Florida, some courts have ordered the parties to arbitrate their dispute and, in such case, the arbitrator’s decision is non-binding.  If either party objects to the arbitrator’s decision, the trial will occur as if the arbitration never occurred.  There is one twist:  if the result of the trial is not better than the award which the objecting party received during the arbitration, that objecting party will be responsible for the other party’s attorneys’ fees.

In many cases, these ADR processes can be less costly and achieve a resolution more quickly than the traditional trial process.  While there may be advantages to undertaking mediation and/or arbitration, there may also be disadvantages.  For example, if resolution cannot be reached, a party will have exposed its trial strategy to the other side giving them a better chance to prepare for trial.

The attorneys in the litigation section of Bogin, Munns & Munns can offer assistance to you in evaluating whether ADR offers an advantage in your particular matter and how best to prepare for ADR if you decide to proceed.

– John Wright is a corporate, probate and estate planning attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Wright welcomes questions and comments regarding the above and can be reached at jwright@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement

How does a creditor claim arise?

You may become liable for a breach of contract or for a claim against a guaranty you provided for the debt of someone else.  You could be subject to domestic relations proceedings (such as, unpaid alimony or child support).  You could be found liable for injuries you caused to someone else (e.g., a car accident or professional malpractice).  These are just a few means in which a creditor’s claim could arise against your assets.

What types of asset protection devices are available?

One of the most widely used devices for asset protection is insurance – life, health, automobile, medical, fire, malpractice, liability, and others are available and should be purchased as appropriate for your circumstances.

The most notable asset protection device in Florida is the homestead exemption.  Florida law also provides an exemption to creditor claims against the money held in qualified retirement plans, Section 529 Florida Pre-Paid College Tuition Plans, Educational IRAs, and Health Savings Accounts.

Certain aspects of life insurance and annuities are also exempt from creditor claims.  Joint ownership of property with a person who is not subject to the same creditor claim or asset ownership by certain types of trusts may also establish protection against a creditor.  Assets owned by a business entity (an LLC, a corporation, a limited partnership) may be protected in varying degrees from claims of the creditors of the entity’s owner.

Each planning device is subject to strict and significant restrictions of when they are applicable, how much protection is provided to the assets, and if any distributions are also protected.

When is the time to plan?

Sooner is always better than later.  However, if any of the following occurs, it may be too late to undertake asset protection planning without being subject to an allegation of fraud and/or a creditor’s attempt to overcome the purported asset protection by claiming a fraudulent transfer:  knowledge of a threatened claim or of an event that may lead to a claim, knowledge of a pending investigation which may result in a creditor claim, a default in any monetary obligation, contemplation of filing for bankruptcy protection, or a transfer of assets which will result in the inability to pay reasonably anticipated debts as they become due (i.e., insolvency).

More detailed analyses of specific asset protection devices will be provided in future blogs.  Meanwhile, the attorneys of Bogin, Munns & Munns, P.A. will be glad to assist you with an analysis of your personal circumstances and to provide recommendations of how to protect your assets.

John Wright is a corporate, probate and estate planning attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Wright welcomes questions and comments regarding the above and can be reached at jwright@boginmunns.com.

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.

The first, most obvious reason is that in tough financial times, it is easy to adjust your personal or commercial insurance policies to minimum coverage or no coverage at all to reduce or eliminate those burdensome monthly premiums.  If you believe in your lucky rabbit’s foot, that may work, but if your rabbit’s foot is an imitation, you could be stuck with devastating losses to your home, your vehicle, your person or your business.  In addition, Florida law only requires, in some instances, minimal insurance coverage in some instances, so you cannot rely on another person to make sure you are properly insured.  Bogin, Munns and Munns can assist you in reviewing your insurance portfolio and while we cannot write policies or issue coverage, we can very quickly help you determine if you are underinsured.

The second reason clients experience loss is that they either did not read or interpret their insurance policy correctly.  Insurance policies can be difficult to read or understand.  The reason is that the insurance industry is governed by extensive laws and regulations.  To comply with those laws and regulations, insurance contracts often contain words, concepts and terms of art that the every day folks are not familiar with without guidance.  If you cannot understand your policy, you may not be getting the coverage you expect.  For example, if you purchase a specific type of coverage such as protection from theft for your business, you need to be aware that, as with any policy, there will likely be exclusions or situations in which your insurance company will not pay for theft if it occurs.  Bogin, Munns and Munns can review your policies and advise you of your exclusions to determine whether you are getting the coverage you need.

The final reason why clients experience unanticipated loss is that they have purchased the correct coverage and coverage amount, but the insurance company elects not to follow the terms of the contract or operate in good faith in evaluating the claim.  When this happens, legal representation often becomes necessary to ensure a claim is resolved in a fair and timely manner.   Interestingly, sometimes clients feel as though they are somehow in the wrong for pursuing an insurance company when that company does not stand behind their insured.  In truth many insurance companies do the right thing regularly and that is why most claims are resolved without legal representation.  However, when you are not getting what you paid for, that is a breech of contract and you should be able to enforce that contract.

At Bogin, Munns and Munns, we are committed to fair and vigorous advocacy for all of our clients.  We regularly service the needs of corporations, small business owners and consumers in Orlando.  If you are having any issues with your insurance policies of coverage, contact us today for a consultation.  We can help.

– Jeremy Hill, Esq., is an attorney with Bogin, Munns, & Munns, P.A., a full service law firm with offices in Orlando, Clermont, Kissimmee, Deltona, Daytona Beach, Ocala, Melbourne, Gainesville, and Leesburg, Florida.  Mr. Hill works out of the Daytona office of the firm and welcomes questions and comments regarding the above and can be reached at jhill@boginmunns.com

NO LEGAL ADVICE: This blog entry is not intended as legal advice nor should you consider it as such. It is intended only as general information.  You should not act upon this information without retaining professional legal counsel. Please keep in mind that merely subscribing to or reading this blog or otherwise contacting Bogin Munns & Munns, P.A. in the manner that you have will not establish an attorney-client relationship with our firm. Bogin Munns & Munns, P.A. cannot represent you until the firm knows there would not be a conflict of interest, and the firm determines that it is otherwise able to accept the engagement. The engagement would also be confirmed by a written agreement.