Corporate Lawyer Provo Utah

Corporate Lawyer Provo Utah

If you are a business owner, speak to an experienced Provo Utah corporate lawyer. Federal, Utah and local laws may require your business to have certain insurance coverage.

Most organizations have some type of insurance coverage for property damage or loss in the event of a disaster. Some companies also seek coverage for loss of income or expenses while they are closed, or coverage of commissions that must be paid even though the merchandise was destroyed. An organization seeking insurance coverage should ask the following questions:

• What is insurable and what is not?

• What are the extent and limits of coverage?

• How soon after a loss must it be reported?

• What records will be needed to file a claim?

Insurance helps replace buildings and equipment, but it cannot always replace lost information and records. Replacement of lost information may not always be possible, or it may be too expensive. In spite of insurance for the loss of a computer and its software and data, data replacement may not be possible in the absence of appropriate data backup procedures. Insurance for office contents often includes records, but the true value of most records and information cannot be recovered. Insurance cannot replace the loss of proprietary information or the loss of records that preserve a company’s rights–including the right to file insurance claims. Because insurance is not always a quick fix for the loss of records and information, the safeguarding of certain records becomes a major consideration. Records vital to specific industries may include:

• manufacturers’ production engineering drawings and specifications
• hospital and clinic patient files

• depositor and investment account records of banks and other financial institutions

• a magazine publisher’s subscriber list

Certain records will be required in order to file insurance claims for liability, relocation expenses, business interruption, and other insured expenses and losses. Replacement of insured property may be jeopardized when proof of ownership was destroyed along with the property. Among the first records necessary for the long road to recovery after a catastrophe may be:

• proof of ownership and value of assets that were destroyed

• insurance policies, claim forms, and complete records of premium payments

• profit and expense, and other financial records

Employee record-keeping

Speak to an experienced Provo Utah corporate lawyer to know the employee records that your business is required to maintain by law. Employee record-keeping is necessary for business management planning and decision-making. Records preserve the many details to be remembered year after year for a changing number of workers. Keeping accurate employee records also is a good business practice that meets the various government requirements and protects a business. Employers have a number of rights and responsibilities regarding their workers relating to personnel actions, health, safety, payment of wages and taxes, privacy, protection of intellectual property, and more. Records are created, reported, maintained, and protected in order to comply with government record-keeping requirements or to show that the business is in compliance with employment laws and regulations. Records also are created, maintained, and protected in order to preserve certain rights of the employer:

• The right to proper defense in a lawsuit or claim

• The right to file a claim against another party

• The right to protect the assets of the business

Defending Employers and Businesses

Not every business is affected by all federal employment laws, but an employer may be subject to the requirements of every state in which it has employees. Seek the assistance of an experienced Provo Utah Corporate Lawyer to know how various Federal and State laws affect your business. Failure to comply with even a single one of such laws can have serious consequences for your business and for you as a business owner. State laws tend to pattern themselves after federal laws, and they usually extend their impact to companies smaller than those affected by federal laws. The intent of employment law is to protect the innocent worker. Regulatory agencies, legislation, and the courts are taking over the historical role of organized labor to protect the worker as we move from an industrial to a service economy. But employment law has become a measurable threat to even the fairest and most generous employer. Claims and charges by employees and government agencies have become an inevitable part of doing business in today’s regulated and litigating business environment. Economic downturns, sympathetic juries, and media hype contribute to increasing employment litigation risks for employers. The risk of being sued rises each time a court defines what constitutes unfair, unethical, or discriminatory behavior. Most businesses are eager to settle employee claims out of court, because of the:

• expenses involved in defending themselves

• potential of a damaged reputation

• risks of additional similar suits

• tendency of juries to be sympathetic to workers

Employment laws and regulations directly or indirectly influence personnel record-keeping practices. A number of them stipulate that a business must create, collect, and maintain or report certain records. Reporting or information disclosure requirements by government agencies cover payroll, benefits, taxes, equal employment opportunity, safety, health, and other functions or activities.

Other laws compel the creation of records in order to show compliance with a law. It is in the best interest of a business to collect and maintain accurate and complete records that demonstrate compliance with an employment law, even if the law has no record-keeping requirements.
Good record-keeping practices help prepare for litigation and government investigation or audit, by documenting compliance with the law to minimize the risks and losses. Complete, accurate, and indisputable records may deter an employee or agency from even filing charges. Or such records may encourage an employee to drop unfounded charges, or to settle out of court. When a company becomes the target of an investigation and has not created and maintained records according to a government requirement, it could have serious difficulties defending itself and may be subject to fines and penalties. The Department of Labor, the Equal Employment Opportunity Commission (EEOC), and the IRS are among a number of different agencies that rely on records showing proper payment of wages, taxes, and other employee payments. When a question arises regarding payment of minimum wage or taxes, overtime practices, discrimination in pay or benefits, and other claims, the following records may be among those reviewed:

• wages, overtime, sales commission payments
• other employee payments (bonuses, perks, educational assistance)
• income tax withholdings
• unemployment taxes
• worker compensation payments
• Social Security taxes
• health benefit plans and payments
• retirement and pension plans and payments
• death benefits

Safety and Health in Business

Every business in Provo, Utah must comply with Federal, Utah and local health and safety regulations. Speak to an experienced Provo Utah Corporate lawyer to know if your business is compliant with these regulations. Inadequate and inaccurate records are especially harmful on matters regarding worker health and safety issues. Prosecutors are bringing more criminal charges, and executives are receiving jail sentences for reckless endangerment of lives. Efforts to meet compliance with health and safety regulations must be shown in court or in government inspections, audits, or investigations. Safety program records that may help provide evidence of compliance include:

• risk management and safety program documentation
• company policies, procedures, and standards to eliminate or reduce hazardous practices and conditions
• employee education and training activities
• vehicle maintenance and accident reports
• employee accident and illness reports
• medical files and benefits payments
• short-term and long-term disability records

The workplace safety issue is ergonomics. Its impact goes beyond manufacturing environments to even the smallest of office sites.
Another health and safety issue is drugs and the workplace. Fearing liabilities of intoxicated workers, businesses are restricting alcohol consumption at company-sponsored events and off-premises client entertainment. Documented policies against alcohol mixed with client entertainment–including a policy not to reimburse travel and entertainment expenses for alcohol–help show a company’s commitment to safety. Federal contractors and major employers also must ensure a drug-free workplace.
Worker exposure to toxic substances is another high-risk area for employers. In its defense, a business must have records relating to:

• hazardous conditions and substances (air quality tests, records of spills and clean-up operations, etc.)
• efforts to adequately warn employees of the risks and to provide training on proper handling of materials
• actions taken to increase safety
• effects of exposure on workers

State prosecutors increasingly are bringing criminal charges against companies and executives based on state laws that are tougher than federal laws.

As protective labor laws come under fire for being discriminatory, companies may be exposed to new health and safety liabilities. Fetal protection policies, formerly a bona fide occupational qualification exception allowed as essential to a safe workplace, are now considered a form of sex bias.

Employment Actions

An employer generally cannot foresee when and if a hearing or lawsuit will occur regarding an employment action, but events and practices must be documented, just in case. Good documentation may prove that a hiring or firing decision was valid. Employment actions to be documented include:

• selection for hiring
• pay and other compensation
• selection for promotion, layoff, recall, education and training opportunities, early retirement, and so on.
• performance appraisals
• employee grievances or complaints
• disciplinary action or demotion
• Termination

An experienced corporate attorney will review a company’s policies and procedures regarding employment actions. The attorney will also review any personnel manual, employment contracts, and other employee recordkeeping practices. The attorney can advise on what specific records to keep, what records not to keep, and how long those records should be kept. A company’s personnel records are used not only in its defense; they also may be used by a plaintiff to support its case against an employer. Judges traditionally grant plaintiffs broad access to defendant records in bias cases because the employer–not the worker–has all the facts and records. Government agencies also may have access to employer books and records for audits and investigations. A paper trail of evidence to back up a company’s reasoning and actions may be necessary one day. The key to avoiding problems and reducing risks is to begin record-keeping efforts at the inception of employment and continue them through termination:

• hiring phase documentation
• documentation throughout employment to show that employee policies and procedures were applied consistently and equitably
• documentation of termination process.

Records of employee performance and employment actions should be created consistently and on a regular basis for all employees. Documentation of events should be direct observations (not hearsay) and should be completed in a timely manner, as close as possible to the time of their occurrence. Both positive and negative job-related performance should be recorded. All documentation should be accurate and factual. Because a complaint of discrimination may be filed within 180 days of an action, records of an employment action must be maintained for this time period to defend against any discrimination charges. Evidence that may be necessary to refute allegations of discrimination include:

• job group profiles
• job placement files (job requisition, advertising copy, job candidate files, documentation of the review and selection process, documentation of any testing, etc.)
• guidelines, reports, and analyses on compensation and salary plans
• selection processes used and a history of employee transfers, layoffs, promotions, educational and training opportunities, etc.

In addition to documentation of how existing policies and practices were followed, a business must be able to articulate a legitimate business reason for when those policies and practices were not binding in a particular instance. Employment decisions that result in a disparate effect or adverse impact may be allowed under certain circumstances. For example, a small business that cannot afford to modify its delivery truck to accommodate every type of handicapped operator may not be open to charges of discrimination against the handicapped for that particular job function.
Documentation becomes even more critical when a termination follows shortly upon any sensitive occurrences, such as an employee claim for worker compensation or a complaint made to a government agency about discrimination, work conditions, or business activities. Such a termination may be construed as retaliation, which is forbidden by law. Any termination found to be in breach of public policy is considered a wrongful discharge.

Provo Utah Corporate Attorney Free Consultation

When you need legal help for your business, please 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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Provo, Utah


From Wikipedia, the free encyclopedia
Provo, Utah
City of Provo
Downtown Provo

Downtown Provo

“Welcome Home”
Location within Utah County

Location within Utah County
Provo is located in Utah

Location within Utah

Coordinates: 40°14′40″N 111°39′39″WCoordinates40°14′40″N 111°39′39″W
Country  United States
State  Utah
County Utah
Founded 1849
Incorporated April 1850
Named for Étienne Provost[1]

 • Type Strong mayor
 • Mayor Michelle Kaufusi (R)
 • Council Chair David Harding

 • City 44.19 sq mi (114.44 km2)
 • Land 41.69 sq mi (107.97 km2)
 • Water 2.50 sq mi (6.47 km2)

4,551 ft (1,387 m)

 • City 115,162
 • Density 2,762.34/sq mi (1,066.61/km2)
 • Metro

Time zone UTC−7 (Mountain (MST))
 • Summer (DST) UTC−6 (MDT)
ZIP Codes
Area codes 385, 801
FIPS code 49-62470[5]
GNIS ID 1444661[6]

Provo (/ˈprv/ PROH-voh) is the fourth-largest city in UtahUnited States. It is 43 miles (69 km) south of Salt Lake City along the Wasatch Front. Provo is the largest city and county seat of Utah County and is home to Brigham Young University (BYU).[7]

Provo lies between the cities of Orem to the north and Springville to the south. With a population at the 2020 census of 115,162.[3] Provo is the principal city in the Provo-Orem metropolitan area, which had a population of 526,810 at the 2010 census.[8] It is Utah’s second-largest metropolitan area after Salt Lake City.

Provo is the home to Brigham Young University, a private higher education institution operated by The Church of Jesus Christ of Latter-day Saints (LDS Church). Provo also has the LDS Church’s largest Missionary Training Center (MTC). The city is a focus area for technology development in Utah, with several billion-dollar startups.[9] The city’s Peaks Ice Arena was a venue for the Salt Lake City Winter Olympics in 2002Sundance Resort is 13 miles (21 km) northeast, up Provo Canyon.

In 2015, Forbes cited Provo among the “Best Small And Medium-Size Cities For Jobs,”[10] and the Bureau of Labor Statistics found Utah County had the year’s highest job growth.[11] In 2013, Forbes ranked Provo the No. 2 city on its list of Best Places for Business and Careers.[12] Provo was ranked first for community optimism (2012)[13] and first in health/well-being (2014).[14]

Provo, Utah

About Provo, Utah

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Reviews for Ascent Law LLC Provo, Utah

Ascent Law LLC Reviews

John Logan

starstarstarstarstar (5)

We've gotten divorce and child custody work from Ascent Law since the beginning because of my ex. We love this divorce firm! Staff is gentle, friendly and skilled. Tanya knows her stuff. Nicole is good and Ryan is fun. Really, all the staff here are careful, kind and flexible. They always answer all my questions, explain what they're doing and provide great legal services. I personally think they are the best for divorce in Utah.

Ascent Law LLC Reviews

Jacqueline Hunting

starstarstarstarstar (5)

I have had an excellent experience with Ascent Law, Michael Reed is an absolutely incredible attorney. He is 100% honest and straight forward through the entire legal process of things, he also has a wonderful approach to helping better understand certain agreements, rights, and legal standing of matters, to where it was easy to know whats going on the entire process. I appreciate the competency, genuine effort put forth, and assistance I received from Ascent and attorney Michael Reed, and I will be calling these guys if ever I have the need again for their legal assistance! 5star review Wonderful attorneys!

Ascent Law LLC Reviews

Anthony Ziegler

starstarstarstarstar (5)

This review is well deserved for Ryan and Josh. New clients should know they are worth the 5 star rating we give them. We needed 2 sessions from them because of the complexity of the matter, but they are both very passionate about his helping others in need.  My sister needed bankruptcy and I needed divorce.  Sometimes they go hand in hand but a large shout out to this team - also Nicole is one of the sweetest people you ever did meet - she offered me warm cookies!

Ascent Law LLC Reviews

Thomas Parkin

starstarstarstarstar (5)

Mike Anderson and his colleagues & staff are knowledgeable, attentive and caring. In a difficult and complex case that eventually went to trial, Mike was the voice of reason and the confidence I needed. His courtroom abilities are amazing and I felt his defense of me was incredible. His quick thinking and expertise allowed for a positive result when I felt the World was crumbling. His compassion, after the case, has helped me return to a good life. I trust Mike and his staff. They are friendly and very good at what they do.

Ascent Law LLC Reviews

Yeran Merry

starstarstarstarstar (5)

I worked with Attorney Alex and Paralegal Ami in my divorce case. I got to know the team very well over the course of two years. I cannot think of a better team to have worked with. Ami and Alex are not only exceptional law professions who are very knowledgeable and thorough, they are also the best human beings who empathize with the emotions I was experiencing. Alex was conscious of my budget and worked efficiently to try to reduce unnecessary legal expenses. My case also involved some dealings with a foreign country that Alex and his team had previously dealt with.  They did an amazing job addressing cultural barriers in a very respectful manner and did not fall short in quality of work or in standards when dealing with some of these new challenges. Ami deserves a medal for being extremely professional, calming, and compassionate when it is needed most.  When you need family law attorneys, call this firm. I now feel I can move forward with grace and dignity.

Corporate Attorney

Corporate Attorney

Oftentimes people wonder whether they need a corporate attorney to help them with a case.  If you have a corporation, limited liability company (“LLC”), partnership, or other entity, you may need corporate counsel.


A corporation is a legal entity apart from its owners (shareholders).  Corporations can establish credit, acquire assets, and enter into contractual engagements. Potential liabilities are incurred by the corporation, not by the owners themselves.  This means that the personal assets of officers and shareholders are usually safe from the corporation’s creditors.  However, if shareholders fail to follow corporate formalities, a court may “pierce the corporate veil”, allowing creditors access to personal property. Owners of corporations don’t pay tax on the corporation’s earnings unless they actually receive the money as dividends or as compensation for services (e.g. salaries and bonuses).  The corporation itself pays taxes on all profits left in the business.

Benefits of a Corporation

  • First and foremost, there is limited liability for shareholders.  This perk attracts investors, as an investor’s liability and exposure is limited to the amount of his or her investment – less risk! This makes raising capital for your corporation less challenging.
  • Forming a corporation also increases the credibility of your company, and provides an opportunity for prestige among business and corporate officers.
  • Finally, corporations have several tax, compensation and wage benefits.

Detriments of a Corporation

  • You have to observe corporate formalities.  These are the basic operating rules that are necessary to ensure that the corporation maintains its status as a separate legal entity.  Some of the formalities include appointing officer positions, electing a board of directors, proper documentation of the corporation’s activity, annual meetings, etc.
  • Reaching corporate status is not a monumental task, but one must be sure to ensure the process is done correctly.
  • Another downfall is that a corporation goes through double taxation.  A traditional corporation must pay tax on all corporate income, followed by individual shareholders paying income taxagain on whatever distributions they received. One way to avoid the double taxation dilemma is to establish the corporation as a “pass through” entity.  This way all corporate profits pass through to the individual shareholders, so they alone will be responsible for the tax burden.  When a corporation elects to be treated this way, it becomes known as an “S” Corporation, which is discussed below.

Nonprofit Corporation

Nonprofit organizations are formed in the state where they intend to do business. Unlike a standard corporation, nonprofits do not conduct activities for the financial gain of shareholders.  Preventing the distribution of profits to members/shareholders is what distinguishes the nonprofit from a commercial enterprise; yet nonprofits still provide asset protection and limited liability.  A nonprofit corporation is not forbidden from making a profit — but if it does, that profit can only be used to further the overarching goal or mission of the organization.  Nonprofits can also trade at a profit and accept, hold and disburse money; but all profit and things of value are to be used to further the nonprofit’s quest.   Nonprofits are organized in many different ways: charities, service organizations, trusts, hospitals, universities, foundations, endowments and cooperatives can all operate as nonprofits.  Nonprofits can have “members”, although many do not.  They may have employees, and can compensate their directors reasonably, but only if compensation is documented ever-so-carefully.

Benefits of a Nonprofit

  • Nonprofit corporations generally have tax exempt status.
  • Once the recognized nonprofit entity has been formed at the state level, the nonprofit corporation can seek tax exempt status by applying to the IRS.  The IRS, after reviewing the application to ensure the purpose of the organization meets certain conditions, will issue an authorization letter granting it tax exempt status for income tax purposes. The exemption does not apply to other federal taxes such as employment taxes. Charitable contributions made to nonprofit organizations by individuals and corporations are also deductible.

Detriments of a Nonprofit

  • The reliability by which a non-profit organization can hire and retain staff, sustain facilities, or create programs is an ongoing problem.  Because nonprofits generally rely on external funding, they do not have much say over their precious sources of revenue.  This leads to reliance on government funds such as grants, contracts, vouchers or tax credits to support their operations.

Free Consultation with a Utah Corporate Attorney

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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