Get Your Employees CPR and First Aid Certified

Get Your Employees CPR and First Aid Certified

I’m telling you, as an employer lawyer that having employees that are CPR and first aid certified can not only protect employers from personal injury and wrongful death suits, but also make employees feel safer in the workplace. Getting your workforce CPR and first aid certified isn’t as difficult as it may sound. Even smaller cities such as West Jordan, Utah have a variety of certification options for employers. No matter where you choose to complete your training, courses in either CPR or first aid each take about three hours to complete.

American Heart Association

The American Heart Association (AHA) has offices and affiliates all over the United States. The AHA offers traditional classroom training in CPR and first aid as well as a blended learning experience, which combines online courses with in-person practice and testing. Both options will teach your employees what to do in case of an emergency, protecting both the employer and the employees from a wrongful death claim.

American Red Cross 

The American Red Cross offers similar classroom and online certification options as the AHA, and will also come to you and provide on-site training from a certified instructor. If you’d like to have your own instructor in-house, you can send a company representative to the American Red Cross to be trained and certified in teaching CPR and first aid — your newly certified representative can then lead classes in the workplace. The American Red Cross also hosts regularly scheduled community classes in cities such as West Jordan that are open to members of the public.

Local Hospitals and Fire Departments 

Most fire departments hold regular CPR and first aid certification classes that are open to their communities. Often they are willing to come to your workplace and educate employees on proper procedure, helping to save lives and protect against wrongful death. Local hospitals frequently host community courses as well.

Local Colleges and Universities

If your company is located near a college or university, chances are it offers CPR and first aid certification to the public. Employers in West Jordan can find certification courses offered at Davis Applied Technology College as well as nearby Westminster College and the University of Utah.

HOW TO BE A PROACTIVE DRIVER

While one can argue that the leading causes of an auto accident can be texting while driving or driving while under the influence of drugs and alcohol, what these basically amount to is driving while not paying attention to driving. How can drivers in St. George, Utah not end up in an auto accident due to someone else’s negligence?

Proactive vs. Reactive

The difference between a proactive driver and a reactive driver, as any good lawyer will tell you, is on the intention of a person’s actions while driving. Distracted driving is entirely made up of reactive driving, as the only thing a driver can do is drive out of the corner of his eye. If you want to be a proactive driver the first step is to put both eyes on the road, at the very least outside the car. St. George has some gorgeous views, so take those in rather than the latest Youtube video.

Know Your Next Move

Like a good chess master or a seasoned trial lawyer, as you’re driving you should always be several moves ahead of your opponent, or in this case fellow drivers. Plan what lane you want to be in and who to pass, such as an erratic driver or a truck with an unsecured load to avoid an auto accident. The roads around St. George are littered with debris from accidents that could’ve been prevented just from seeing the guy who forgot to tie down his barbecue.

Keep Your Mind on the Road

You may have your phone put away, but that doesn’t mean your bladder isn’t empty or that the kids aren’t screaming. Take whatever stops you need to make to calm the kids and your digestive system. A lawyer who’s seen hundreds of auto accident cases can attest to it not being worth your life to lose your patience and run off the road because your kid dropped a crayon.

Free Initial Consultation with Lawyer

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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How to Negotiate a Contract

Individuals and companies negotiate and enter into contracts fairly frequently in the course of business. Some business agreements may be simple enough for the typical person to draft, and may just be a verbal agreement and a handshake, while others may require the help of a skilled contract attorney. Whatever you decide to do, make sure you have a business lawyer review and/or draft the contract before you sign it.

In either case, the ideal end result is confidence that you have negotiated the best terms for your business and created a well-drafted agreement that will avoid any dispute or potential litigation. Below, you’ll find tips on negotiating and writing a sound business contract.

How to Negotiate a Contract

Strategies for Negotiating a Contract

Certain fundamental strategies will assist you in the day-to-day negotiation that all businesspersons perform, in contracts and other business transactions. Remember, those with whom your business is negotiating also will be working hard to leverage the deal in their favor.

The following are a few suggestions to get you started on the road to effective negotiation tactics:

  • You should always have clear objectives. It helps to make a list of goals before meeting the other party.
  • Build a relationship of trust with the other party.  Trust will aid communication.
  • Establish Rapport with them – talk to them about what they are interested in – for example, if you see a picture of them fishing, talk to them about fishing before you get the nitty gritty of the contract.
  • It is important to go to a negotiation having done your research. Know relevant law, facts, and figures.
  • Consider what you really need to get from the other party, and also decide in what areas you are willing to compromise.
  • Be sure that you get small yeses from them in the beginning – the more they say yes to you the better it is – for example – it’s a nice day, isn’t it?  Yes, it is…
  • You may want to have a first draft of an agreement written before meeting with the other party.
  • Try to keep the discussion ordered when meeting with the other party.  Make a checklist of topics that should be reached during the negotiation.
  • Listen to the other party and their concerns.

Business Torts and Business Law

Intentional acts in which one party unlawfully causes another party some degree of economic loss are referred to as “business torts” (or “economic torts” in the broader sense). These types of torts do not arise from financial losses related to personal injury, emotional distress, or damaged property. Instead, business torts involve an intangible financial loss from some other cause of action, such as a conspiracy to fix prices, interfere with a contract, or otherwise restrain trade. The types of intangible losses that result from business torts include a loss of customers, inability to operate in the market, or damage to your organization’s reputation.

Restraint of trade is not a tort in and of itself, but rather a legal doctrine (based on common law) that relates to a relatively broad and fluid range of torts. For example, tortious interference is a type of business tort in which one party interferes with a contract or business relationship. The party directly impacted by the interference may seek damages limited to the specific transaction by filing a tortious interference claim. However, the plaintiff may also file a restraint of trade claim if they are able to prove that the interference hindered their ability to conduct business in a broader sense. If the interference of a contract damaged the company’s reputation, for instance, then it may give rise to a restraint of trade claim.

Some acts that give rise to a restraint of trade claim may seem entirely legal. For instance, two competing business owners discussing their pricing plans over a round of golf are exercising their freedom of speech. They may not come out and say it, but the subtext of the conversation may be construed as a conspiracy to fix prices if that is ultimately the result of this conversation. Thus, a third competitor who is driven out of business by the resulting price-fixing may file a restraint of trade claim.

What to do Before You Negotiate a Contract

Since contracts are legally binding and don’t always go according to plan, it makes sense to negotiate shrewdly, understand all of the terms in a contract, and make sure you’re prepared should the agreement go south. Consider speaking with a business and commercial law attorney before negotiating or signing a contract.

Free Consultation with a Utah Business Lawyer

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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What is an Agent for Service of Process?

Before you form a corporation or limited liability company, you’ll need to choose an agent for service of process. Serving as an Agent for service of process or “registered agent” in the State of Utah is one of our Business Law Services.

What is an Agent for Service of Process

The term sounds like complicated legal jargon, but the concept is really quite simple. An agent for service of process is a person who receives lawsuits and other documents on behalf of your business. Depending on the state where you live, the agent may also be referred to as a registered agent or statutory agent.

What Does “Service of Process” Mean?

If someone sues your business, he or she must notify the business that a lawsuit has been filed. Every state has laws that describe how that notice must occur. For example, in some states, a copy of the lawsuit must be personally delivered by process servers, while in other states it must be mailed by the court clerk. The person who delivers the lawsuit makes a record of the date of delivery, or “service,” and this determines your deadline for filing a response.

Delivery of the lawsuit is known as service of process. “Service of process” can also refer to delivery of other legal documents, such as subpoenas requiring you to testify in court.

Why Do I Need an Agent for Service of Process?

If someone sues your corporation or LLC, they need to know who to serve the lawsuit, or “process” upon. And as a business owner, you need to know that if your business is ever sued, you will actually receive notice of the lawsuit. You wouldn’t, for example, want a lawsuit delivered to a part-time teenage employee who’s about to quit.

For this reason, every state’s laws require each business entity to designate a person or company that will accept service of process for the business in that state.

You are required by law to have an agent for service of process in the state where your business was formed and in each additional state where your company is registered to do business.

What Does a Registered Agent for Service of Process Do?

The registered agent is responsible for accepting legal documents that are served on your business. The agent must then forward the documents to the appropriate person in your company.

The agent’s name and address will appear on your business entity’s public records. As a result, the agent may also receive notifications from the secretary of state and taxing authorities. The agent must also forward these notifications to you.

If the agent’s address changes, you must make sure the agent’s address information is updated with the state. Your business may be subject to penalties if it fails to maintain a registered agent.

Who Can Provide Registered Agent Services?

A registered agent must have a street address in the state where he or she is acting as agent – not just a P.O. box. Some states call this the “registered office.” The agent must be available at that address during normal business hours.

Most states allow anyone aged 18 or over to act as agent. You can choose an owner or employee of your business as your agent. You can also name an outside person such as a lawyer, or a business entity that provides registered agent services.

Why Should I Choose You as My Registered Agent?

The registered agent has an important job, so the person or entity you select should be responsible and trustworthy. Although you can save money by acting as your own agent, there are instances where you might prefer to hire someone else to do the job. Here are some things to consider:

  • The agent must be available during normal business hours. If you are not usually in your office during the day, you should choose someone else as agent.
  • If you or one of your employees act as your agent, you may suffer the embarrassment of having a process server deliver court papers in front of your customers and employees.
  • The registered agent’s name and address appear in your corporation or LLC’s public records. If you have privacy concerns, you may prefer to appoint someone else as agent.
  • If you do business in more than one state, you will need an agent in each state. For consistency, you may find it easier to hire a registered agent company to provide this service in all states.

A registered agent is a necessary part of any business entity’s operating structure. By choosing a reliable agent, you ensure that you are promptly informed about legal actions and official correspondence so you can take the proper steps to respond.

Free Consultation with a Utah Business Lawyer

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews


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