In businesses with two or more owners, harmony and cooperation are often paramount to success. However, when one partner fails to fulfill their obligations or hinders the progress of the business, it can strain the relationship and jeopardize the enterprise. Knowing how to handle a non-performing business partner is crucial to protecting your investment and the future of your business. Here are some legal remedies and strategies to consider: 1. Review the Partnership Agreement: The first step in addressing a non-performing partner is to review the business documents such as the operating agreement, bylaws or partnership agreement. These documents should outline the rights, responsibilities, and obligations of each partner, as well as the procedures for resolving disputes. It may contain provisions for removing or buying out a non-performing partner.  If they do not, then consider having the agreements revised.  You may be able to accomplish that without the consent of a minority owner.  One of the experienced business attorneys at Fiffik Law Group can help you understand and revise these agreements to suit your particular business. 2. Communication: Open and honest communication is key to resolving issues with a non-performing partner. The natural tendency is to avoid confronting the issues.  That will only deepen resentments and perhaps costs that need to be addressed.  Don’t let a crisis or business decision force you to address the problem.  Discuss your concerns, clarify expectations, and explore potential solutions. Document all communications in writing to create a record of your efforts to resolve the issue. 3. Mediation or Arbitration: If direct communication fails to resolve the issue, consider using mediation or arbitration to settle the dispute. These methods are often less costly and time-consuming than litigation and can help preserve the business relationship. 4. Buyout Provision: Well-drafted operating and partnership agreements include a buyout provision that allows the remaining partners to buy out a non-performing partner's interest in the business. This can be a mutually beneficial solution that allows the business to move forward without the non-performing partner.  However, in the absence of such a provision, unless the remaining owners can prove wrongdoing by the minority partner, including embezzlement or other financial impropriety, legally forcing the partner out of the business is difficult to impossible. 5. Legal Action: In cases where a non-performing partner is causing significant harm to the business, legal action may be necessary. This could include filing a lawsuit for breach of contract, seeking an injunction to prevent further harm, or pursuing other legal remedies available under the partnership agreement or applicable law. 6. Dissolution of the Business/Partnership: If the operating or partnership agreement allows for it, the partners may agree to dissolve the partnership and liquidate its assets. This can be a last resort option if all other attempts to resolve the issue have failed. Seek Legal Advice for Ownership Disputes Dealing with a non-performing partner can be complex, and it's important to seek legal advice early in the process. The knowledgeable attorneys at Fiffik Law Group can help you understand your rights and options and guide you through the process of resolving the issue.  Dealing with a non-performing or difficult business partner requires careful consideration and a strategic approach. Protect your investment and the future of your business.  Contact us today for help.

In today's digital age, privacy concerns are more prevalent than ever. With the proliferation of smartphones, video calls and hidden cameras, individuals face an increased risk of being recorded without their consent, especially in private settings. It can be devastating to find that private, intimate images of yourself are posted online for everyone to see. Perhaps your cloud was hacked, or an ex-partner posted an explicit video that you shared with them in confidence. No matter the origin, capturing and distributing intimate images without your consent, often referred to as voyeurism or considered revenge porn - and it is unlawful. To address this issue, the federal government enacted the Video Voyeurism Prevention Act (VVPA) in 2004, which criminalizes the unauthorized recording of individuals in private spaces.  There is also a civil cause that exists at the federal level under the Violence Against Women Act (VAWA).  In this article, we’ll focus on unlawful Voyeurism. You can also read about revenge porn here. What is the Video Voyeurism Prevention Act? The VVPA defines video voyeurism as the act of capturing, transmitting, or viewing images of a person's intimate areas without their consent, under circumstances where the individual has a reasonable expectation of privacy. Examples of how this often happens include: Taking photographs on a mobile phone of someone during moments of intimacy in a non-public place; Taking screen shots of someone during a Facetime or Zoom call; Hacking someone’s phone or cloud storage and taking or downloading those images without consent; Using a hidden camera to record someone in a private dressing room, bathroom, or bedroom; Many domestic abusers and sex traffickers use nonconsensual intimate images to harass and control their victims. They threaten to share explicit images of their partners as a way to keep them in the relationship and control their behavior. Take Action if You are a Victim of Video Voyeurism If you believe that someone has captured nude images of you without your consent, it's important to take action to protect your rights. Here are the steps you should consider: 1.  Demand the Files be Deleted: If you suspect that someone captured intimate images of you, you should make clear, in writing, that you did not give them consent to capture the images and demand that the person delete all files permanently from all devices.  You can advise them that it is a crime to retain those images without your consent. 2.  Contact Law Enforcement: If you suspect that you have been a victim of video voyeurism, report the incident to your local law enforcement agency. Provide as much detail as possible, including any evidence or information you have regarding the incident.  If you were underage when the images were taken, the perpetrator likely committed child pornography. This offense is always penalized very strictly, and perpetrators can be prosecuted under both state and federal law. If you are an adult victim, the perpetrator may still likely face large fines and jail time in 48 states and the District of Columbia. 3. Seek Legal Advice: If your contact with the perpetrator does not work, your attorney may need to send a demand letter informing the perpetrator that you will take legal action if they do not delete the content. That letter alone may be sufficient to convince the perpetrator to erase the harmful content on their own. Consult with an attorney who specializes in privacy law to understand your legal options. We can advise you on the best course of action to protect your rights and seek justice, including filing a lawsuit to hold the perpetrator accountable. Just as importantly, we can provide a judgment-free, supportive presence during this difficult time. 4. Document Evidence: Keep any evidence related to the incident, such as screenshots, messages, or witness statements. This information may be crucial in building a case against the perpetrator. 5. Protect Your Privacy: Take steps to protect your privacy moving forward. This may include changing your passwords, securing your devices, and being cautious about sharing personal information online. 6. Utilize Online Monitoring Tools:  The danger of someone having intimate images of you is that they will post them online. Online tools and services can help you monitor the web and social media sites for specified content. For example, Google Alerts is a free and effective tool to keep tabs on content that includes your name or other personally identifying information.  If they are posted, you can mitigate the damage by knowing about it right away and taking action to contact sites to have those images removed. 7.  Consider Counseling: Being a victim of video voyeurism can be a traumatic experience. Consider seeking counseling or therapy to help you cope with the emotional impact of the incident. File a Video Voyeurism Lawsuit If you are a victim of nonconsensual intimate voyeurism, you may have a civil or criminal claim - or both - against the perpetrator.  At Fiffik Law Group, we know how overwhelming and devastating it can be to have someone in possession of your intimate images without your consent. Whether you your partner captured images or videos during a private moment or had your phone or iCloud hacked, this is wrong and there is recourse. Criminal cases are prosecuted by the state; you have no control over how the case proceeds beyond reporting the incident to the district attorney or law enforcement. Private attorneys can advocate for victims and help gather evidence, but they generally do not participate in criminal cases before the court. Civil claims, on the other hand, are much more under your and your attorney’s control. You may be awarded monetary damages and obtain a restraining order or court order to remove the harmful content.  Our attorneys are here to talk with you – judgment free.  We will help you get your privacy back.  Contact us today.

A major change is coming to the real estate industry. On Friday, the National Association of Realtors agreed to eliminate rules on commissions in order to settle pending lawsuits. If approved by a federal court, the settlement is likely to have a significant effect on how the real estate industry does business.  If you are planning to buy or sell a home in 2024, this settlement may have a big impact on how much you pay for real estate commissions. Part of the settlement includes eliminating rules on realtor commissions which typically comes out to 6% of the sale price of the home.  How things work now is that home sellers sign a listing agreement with a realtor (the “listing agent”) that pays a commission of 5-6% of the final sales price for the home.  The listing agent’s commission is split 50/50 with the agent who works with the buyers, however, the full commission is paid from the seller’s proceeds while buyers pay nothing to either agent. Under the settlement, home sellers will no longer be compelled to pay commissions to both the listing agent and the buyer’s agent when selling their home. Instead, sellers and buyers will be free to negotiate commission paid to their respective agents. What does this mean if you’re a seller or buyer? It’s difficult to predict the practical impact of this settlement on Pennsylvania home buyers and sellers.  Eighteen states in the country already have separate seller and buyer agency agreements that explains compensation and how that’s negotiable.  The practices in those states may serve as a guide for the likely fallout of the settlement in Pennsylvania.  Here are some possibilities: For Sellers: Switching to a model where buyers and sellers pay for their own agents could save sellers $30 billion a year, a study by two Richmond Fed economists estimated. If Sellers pay only the listing agent, they’ll drop from paying a 6% to a 3% commission, which amounts to $12,000 on a median-priced $400,000 home. Some believe sellers will accept a reduced price for their homes because they are paying a reduced commission.  Others do not see this happening and expect sellers’ desire to maximize returns for home sales to remain unabated. Home sellers may negotiate more aggressively on commission agreements.  They may want one commission structure paid when selling to buyers without a buyer agent and a different commission paid when buyers have buyer agents, potentially bringing costs down. There may be additional negotiations with buyers concerning how much of the buyer agent’s commission will be paid by the respective parties. For Buyers: Buyers will face the stark possibility that buying a home might’ve just gotten more expensive for them.  If they are forced to pay a portion of the commissions currently paid by sellers, Buyers might need to come up with an additional. $12,000 on a median-priced $400,000 home.  Buyers should ask what services they are receiving for such a hefty fee. The biggest thing they’ll see is that they’ll be required to enter into some sort of a buyer’s representation agreement with the realtor they’re working with directly. Buyers will face uncertainly whether they’ll be the ones who are required to pay their agent’s commissions or if some or all those fees will be negotiated to be paid by the seller in an agreement.  Certainly buyers should negotiate conditions in buyer agent agreements to relieve them of the obligation to pay commissions when the seller is paying some or all of them. The possible changes could impact first-time home buyers, who could have to pay more for an agent because the commission would no longer come just from the seller.  For these buyers, it’s a struggle already to come up with the down payment and money to cover closing costs.  If they have to come up with an agent commission as well, it becomes very difficult for first-time home buyers to enter the market with representation. More first-time home buyers may choose to work without an agent to avoid having to come up with even more money to pay the agent’s commission. Buyers may negotiate commissions with their agents, overall reducing commissions paid to realtors in sales transactions. Buyers with VA or FHA loans may be adversely impacted because those loans already include restrictions on the value of concessions sellers can give in any deal.  It’s unknown whether the VA or FHA loan programs will change those seller concession limits to accommodate negotiations concerning buyer-agent commissions. More to Come The settlement hasn’t been approved by the court. Of course, the devil will be in the details, and there are several questions about how the changes will impact Pennsylvania home buyers and sellers. However, the prevailing thought among those in the industry is that real estate commissions will be reduced overall by additional negotiations, ultimately benefiting consumers. These changes are expected to go into effect in mid-July 2024.  We’ll stay on top of this issue and bring you the latest news.

The Economic Injury Disaster Loan (EIDL) program, administered by the U.S. Small Business Administration (SBA), was a lifeline for many businesses, providing crucial funds to help them survive economic hardships.  The SBA recently reversed course and is being more aggressive in pursuing repayment of these loans.  Many small business owners are finding it challenging to repay the EIDL loan. The SBA Inspector General estimated that there were about $62 billion in past-due EIDL loans worth $100,000 or less as of March 2023.  Many business owners, when they applied, did not have a good understanding about whether they’d have to pay back the EIDL loans.  Their confusion isn’t unwarranted.  Until December 2023, the SBA’s policy was not to aggressively pursue repayment.  Congress put pressure on the SBA and it reversed course.  We’ve heard from several business owners who received unhappy repayment notices.  In such cases, understanding the consequences and potential solutions is vital. 1. Impact on Credit Score Failure to repay an EIDL loan can significantly impact the business owner's credit score. This can make it difficult to secure financing in the future and may also affect personal credit. 2. Collection Efforts The SBA can employ various collection efforts to recover the outstanding loan amount. This can include contacting the borrower directly, sending demand letters, and even taking legal action. 3. Asset Seizure If the loan is not repaid, the SBA may seek to seize assets pledged as collateral for the loan. This could include business assets such as equipment, inventory, or real estate. 4. Personal Liability In some cases, business owners may be personally liable for repaying the EIDL loan. If you have defaulted on an EIDL loan of more than $200,000, your personal assets can be seized. That includes real property you pledged for security, the money in your personal bank account, investments, cars, and other personal assets. 5. Impact on Future Loans Defaulting on an EIDL loan can make it challenging to secure financing in the future. Lenders may view the borrower as high-risk, making it harder to access credit when needed. 6. Bankruptcy In some cases, filing for bankruptcy may be the only option for a business owner who cannot repay an EIDL loan. However, this should be considered as a last resort, as it can have long-lasting consequences. It’s crucial for business owners to understand the implications of not repaying an EIDL loan. Seeking assistance from financial advisors or the SBA can help explore options and find a solution that works best for their situation. It is always advisable to communicate openly with lenders and seek guidance to avoid serious consequences.

Welcome to our Women's History Month special Q&A series! We had the privilege of sitting down with some of the incredible women leaders at Fiffik Law Group to gain insight into their journeys, experiences, and aspirations in the legal field. Susan Green | COO What inspired you to pursue a career in law/at Fiffik Law Group? The opportunity to manage the change of ownership and moving offices. What's the most unusual or unexpected aspect of your job that people might not know about? Our youngest employee is 20 and our oldest is 80. We have employees from four different countries. Employees with families, caregivers for families and employees married with children, single with children, and single with no children, single with pets. So gratifiying to work with different ages and cultures. Can you share a success story or accomplishment that you are particularly proud of? Successfully moving everyone to a remote status during the pandemic. What is a piece of advice would you give to other women aspiring to be in the legal field? Women in business: Never stop learning- continue to learn new things and keep up to date on technology. For stay at home moms – which I was one for a time –  keep your hand in some part of the business environment- volunteering, working part time etc. , try to keep up to date on new technology so when they are ready to enter the workforce again with minimum loss in skills. If you could have dinner with any historical female figure, who would it be and why? Ruth Bader Ginsberg Karyn Coy, Esquire | Supervising Attorney What inspired you to pursue a career in law/at Fiffik Law Group? I honestly do not know but I have things from the age of 10 years that said when I grow up I want to be a lawyer. When I was older, my mother spoke of her job as a legal secretary and she always said she thought I had the personality to be an attorney.  I guess I argued or negotiated alot.  Also my dad had some legal issues with a property dispute that involved some parties with influence in a small county legal community.  It was the first time I saw how sometimes justice can be perverted by those in power and definitely drove me to want to not be that type of attorney. What's the most unusual or unexpected aspect of your job that people might not know about? Not really unusual or unexpected but will say that I find it fascinating with the law that I learn something every single day. Can you share a success story or accomplishment that you are particularly proud of? Being part of a firm whose attorneys' jobs are to provide access to an attorney and ultimately access to justice is something I am very proud of. What is a piece of advice would you give to other women aspiring to be in the legal field? If the job you have is due to the money you make, find a way to use the status as an attorney outside of that.  Be an influence or advocate for those in need. If you could have dinner with any historical female figure, who would it be and why? Florence Griffith Joyner, 1988 Olympian and World Record holder in the 100/200 meter dash. She was a force in the track world.  She had originality, style and was so dynamic of an athlete and person. Jennifer Bamonte, Esquire | Estate Planning Attorney What inspired you to pursue a career in law/at Fiffik Law Group? The opportunity to make a difference in the lives of others; to be able to educate, share my knowledge, problem solve and bring peace of mind to my clients motivates me. What's the most unusual or unexpected aspect of your job that people might not know about? The amount of compassion needed to be an effective attorney. Can you share a success story or accomplishment that you are particularly proud of? Handling over 20,000 estate planning matters in the course of my career so far. What is a piece of advice would you give to other women aspiring to be in the legal field? Show up, be yourself, know your worth, be accountable, find ways to connect with clients & colleagues. If you could have dinner with any historical female figure, who would it be and why? Mother Teresa. I would like to learn more about her selfless nature that drove her to tirelessly assist the suffering and hear her thoughts on the ways I could have the most impact on those around me.

If you think you might be marketing your business for sale in the next 6-12 months, you should be looking at ways you can increase the value of your business. One area often overlooked is the potential risks associated with employees. From intellectual property theft to unfair competition, these risks can significantly impact your business's value.  These issues, when left unresolved, represent a significant risk to a potential buyer. Dealing with these risks is a technique that will have a big impact on the value of your business in the shortest period of time and which also pose a low risk to implement. Here are some action steps for you to consider. Employment Agreements: One of the most effective ways to protect your business is through well-drafted employment agreements. These agreements clearly outline the terms and conditions of employment, including job responsibilities, compensation, benefits, and termination clauses. By clearly defining these aspects, you can minimize misunderstandings and potential legal disputes. Moreover, employment agreements can also include provisions related to confidentiality and intellectual property rights. These provisions ensure that employees understand their obligations regarding the protection of sensitive information and intellectual property. This can be crucial in industries where proprietary information is a key asset. Confidentiality Agreements: Confidentiality agreements, also known as non-disclosure agreements (NDAs), are essential for businesses that rely on proprietary information. These agreements prohibit employees from disclosing confidential information to third parties. By requiring employees to sign confidentiality agreements, you can protect your trade secrets, customer lists, and other sensitive information. Non-Solicitation Agreements: Non-solicitation agreements are another valuable tool for protecting your business. These agreements prevent employees from soliciting your customers, clients, or other employees for a specified period after leaving your company. By preventing unfair competition, non-solicitation agreements can help maintain the value of your business and protect your customer relationships. If you’re allowing your employees to use their own cell phones to communicate with your customers, you have another huge hole in your data control system.  We highly recommend that you take steps to control your data: Read More: Employee Cell Phone Usage – It’s a Problem for Businesses Reducing staff-related risks is a strategic approach to value maximization of your business.  These issues can be cleared up with minimal cost in a matter of several weeks by retaining one of the experienced business attorneys at Fiffik Law Group to prepare agreements and advise you how to have them signed in a way that they’ll be enforceable. Contact us to get started.

As life progresses, the need for long-term care, such as nursing home care, can become a reality for many individuals. It is estimated that 70% of seniors over age 65 will need to spend some time in a long-term care facility.  The cost of care can be shocking.  The average monthly rate for nursing care in Pennsylvania is almost $12,000.  This can bring about concerns regarding the protection of assets, particularly for the spouse who remains at home.  How will you pay to remain at home AND pay for nursing care?  Your life savings could be wiped out by the cost of care. It’s important to understand the options available to protect assets while ensuring that your loved one receives the care they need. Here are some strategies to consider: 1. It’s Not Too Late to Plan! The most effective planning to handle nursing home costs is done several years in advance.  But that doesn’t mean it’s too late to preserve assets once your loved one is in long-term care or nursing care.  An experienced elder law attorney can give you a variety of strategies to preserve your savings, so they aren’t all expended paying for care. 2.  Understand Medicaid Rules Medicaid is available to pay for nursing home care but has strict asset limits for eligibility. Understanding these rules can help you plan effectively. In many cases, the spouse living at home (referred to as the "community spouse") can retain a portion of the couple's assets without affecting the eligibility of the spouse in the nursing home. 3. Spousal Impoverishment Rules Medicaid rules include protections to prevent the community spouse from becoming impoverished. These rules allow the community spouse to keep a portion of the couple's combined income and assets, including the home, a car, some savings (Up to $150,000 in Pennsylvania in 2024) and personal belongings.  It may be necessary to re-title or spend savings to take advantage of some of these protections. 4. Asset Protection Trusts In some cases, setting up an irrevocable trust can help protect assets. Assets placed in the trust are no longer considered the property of the individual and may not be counted toward Medicaid eligibility.  They may also avoid a lien to repay Medicaid benefits after your loved one passes away.  This option requires careful planning and can be done even if you believe nursing care might be needed even in a year or two. 5. Review and Update Estate Planning Documents Ensure that your will, trusts, and other estate planning documents are up to date and reflect your current wishes. This can help ensure that your assets are protected and distributed according to your wishes.  It may be important for you to disinherit your spouse in the facility so that the money you leave them does not end up disqualifying them for Medicaid and goes to the nursing home instead of your family. 6. Consult with an Experienced Elder Law Attorney Asset protection and Medicaid rules can be complex, so it's essential to consult with an attorney or financial advisor who specializes in elder law. They can help you navigate the rules and develop a plan that best protects your assets. Call Us for Help We’re here to answer any questions that you have about asset protection and Medicaid benefits.  It's important to remember that each situation is unique, and what works for one couple may not work for another. The experienced attorneys at Fiffik Law Group understand the intricacies of Medicaid rules and asset protection can help you develop a plan that meets your specific needs and goals. By taking proactive steps, you can help protect your assets while ensuring that your spouse receives the care they need.

Accidents happen, and unfortunately, they're a part of life on the road. In Pennsylvania alone, the statistics are sobering: an average of 318 reportable traffic crashes occur daily, resulting in 3 fatalities and 184 injuries. These numbers underscore the importance of being adequately protected in the event of an accident. This is where Uninsured Motorist and Underinsured Motorist Coverage (UM/UIM) comes into play. UM/UIM coverage is often overlooked or misunderstood, yet it is one of the most critical types of automobile insurance you can purchase for yourself and your family. In essence, it acts as a safety net, ensuring that you are protected if you're involved in an accident caused by a driver who either has no insurance or insufficient coverage to compensate you for your losses. Consider This Scenario: You're driving along, obeying all traffic laws, when suddenly another driver runs a red light and plows into your car. The accident leaves you with significant medical bills, time off work due to injuries, and ongoing pain and suffering. If the at-fault driver doesn't have insurance or has minimal coverage that doesn't come close to covering your expenses, UM/UIM coverage steps in to fill the gap. In Pennsylvania, the state minimum insurance for bodily injury is $15,000/$30,000. However, this amount is often inadequate to cover the full extent of damages in a serious accident. This is where UM/UIM coverage becomes indispensable. It provides additional financial protection for you and your loved ones, ensuring that you're not left financially devastated due to someone else's negligence. So, why should you consider purchasing UM/UIM coverage? Protection for You and Your Family: UM/UIM coverage safeguards you and your loved ones in the event of an accident, providing peace of mind knowing that you're financially protected no matter what. Coverage When At-Fault Driver is Uninsured or Underinsured: It's a sobering fact that not all drivers on the road carry insurance, and even those who do may not have adequate coverage. UM/UIM steps in to ensure that you're not left holding the bag for someone else's lack of responsibility. Value for Money: Considering the relatively low cost of UM/UIM coverage compared to the potentially astronomical expenses of an accident, it's a wise investment that offers significant benefits in return. To ensure that you have the coverage you need, we recommend the following: Consult with Your Insurance Agent: Take the time to understand all the coverage options available to you, including UM/UIM. Your insurance agent can provide valuable insights and help you make informed decisions. Review Your Declarations Page: Let us review your insurance policy's declarations page at no cost to you. We can identify any gaps in coverage and make recommendations to ensure that you're adequately protected. UM/UIM coverage is not something to be overlooked or taken lightly. It's a crucial component of your auto insurance policy that provides essential protection for you and your family in the event of an accident. Don't wait until it's too late—take proactive steps today to ensure that you're prepared for whatever the road may bring. Contact the experienced attorneys at Fiffik Law Group to learn more.

Suspecting that a family member may be a victim of financial exploitation is a distressing situation. Whether it's an aging parent, a vulnerable adult, or someone with diminished mental capacity, taking swift and decisive action is crucial to protecting their financial well-being and dignity. Recognizing the Signs Financial exploitation can take many forms, including unauthorized use of funds, coercion to change wills or estate plans, or deceitful practices to gain control over assets. Signs of exploitation may include: Sudden changes in financial accounts or assets Name of caregiver on loved one’s accounts Unexplained withdrawals or transfers of money Checks made to cash Missing personal belongings or valuables Unpaid bills despite having enough resources Changes in behavior or demeanor, especially around certain individuals Isolation from friends and family Common Characteristics of the Abuser or Exploiter Reacts inappropriately in situations with loved one Has a sense of entitlement to loved one’s money Expresses unrealistic expectations of the elder; blames the loved one that things they can’t control are deliberate Relates contradictory history when talking about loved one Unwilling to allow others contact with the loved one; loved one not allowed to talk with others without abuser in the room Aggressive behavior (threatens, insults or harasses) Previous history of abuse to others Steps to Take 1. Gather Information Begin by writing down any behaviors or situations that are consistent with abuse or exploitation.  In addition, collect any relevant documents or records that may help substantiate your concerns, such as bank statements, legal documents, or communication records. 2. Consult with an Attorney Seek advice from a legal professional specializing in elder law or financial exploitation. They can guide you on the best course of action and help protect your loved one's interests. 3. Report the Situation If you suspect criminal activity or abuse, report it to the authorities without delay. Contact the local Area Agency on Aging or the police to investigate and intervene if necessary. 4. Contact Financial Institutions Inform banks, credit card companies, and other financial institutions about your concerns. They may be able to freeze accounts or take other measures to prevent further exploitation. 5. Secure Assets If possible, take steps to secure your loved one's assets, such as changing account passwords or implementing stricter access controls. 6. Document Everything Keep detailed records of all conversations, actions taken, and any evidence of exploitation. This documentation may be useful in legal proceedings or investigations. Preventative Measures To prevent financial exploitation of someone in your life who might be vulnerable, consider the following steps: Gather family members to talk about how they can work together to help your loved one. Suggest that more than one person have access to accounts so there are a second set of eyes to identify exploitation before it gets out of hand. Encourage your loved one to have a power of attorney prepared giving someone who is trusted to manage their financial affairs. If the loved one has diminished mental capacity, a guardianship proceeding may be needed to manage finances on behalf of your loved one. Appoint a trusted contact who you authorize a bank or financial institution to get in touch with about questionable activity on your account, or if they are unable to reach you. Set up direct deposit for income sources to avoid the need for physical checks. Tech tools such as EverSafe and LifeLock can detect suspicious activity — like missing deposits, unusual withdrawals or abrupt changes in spending patterns. Make sure their important legal documents are in a safe place.  Protect usernames, passwords and PINs. Conclusion Financial exploitation of a family member is a serious issue that requires prompt action. If you suspect someone is the victim of exploitation, contact the experienced Elder law attorneys at Fiffik Law Group.  We can help you recognize the signs and advise you on proactive steps to protect your loved one's assets, you can help prevent further harm and ensure their financial security. Remember, you are not alone – we are here to support you through this difficult time.

As a parent, ensuring the well-being and security of your child is a top priority. While it's natural to focus on the present, it's also crucial to plan for the future, especially in unexpected situations. A standby guardianship agreement is a legal document that allows parents to designate a standby guardian for their child, ensuring their care in the event that the parents are unable to do so themselves.   Situations where a Standby Guardianship is Needed   You’re a single parent and the other parent is not around, has addiction problems or is simply not responsible. Members of the armed forces called up for duty away from home. You’re a single parent and the other parent is incarcerated. Your immigration status is uncertain and you want your children to remain in the United States. Unexpected travel delays keep both parents from returning on time. You’re called away for work without another parent available. A sudden health event or injury could prevent you from caring for your child.   These are only a few examples.  The truth is that every time a parent leaves home, there’s a chance something could happen that would prevent them from caring for their child.    Don’t Assume Things Will Take Care of Themselves   Many people assume their families would “do the right thing” in the event any of the situations above were to occur.  Often a recipe for conflict if a parent fails to name a standby guardian . More times than not, multiple family members believe that they are the best choice for the child, and a custody battle can result when parents aren’t clear as to their wishes.   What is a Standby Guardianship Agreement?   A standby guardianship agreement is a legal document that designates a standby guardian to care for a child if the child's parents are unable to do so. This could be due to various reasons, such as illness, incapacity, or temporary absence. The standby guardian steps in only when the parents are unable to fulfill their parenting responsibilities, providing a seamless transition of care for the child.   The parent does not lose any parental rights by completing an agreement and has the power to revoke the standby guardianship at any time. The parent always keeps custodial rights.   Are you a grandparent?  This would make a great gift for your child.  Love them by helping them get this protection for your grandchildren in place.   Why is it Important for Parents to Have in Place?   1. Ensures Continuity of Care In unforeseen circumstances where parents are unable to care for their child , a standby guardianship agreement ensures that someone trusted by the parents can step in immediately, preventing any disruption in the child's care.  Otherwise the children are at risk of being placed in the local child welfare and foster care system and the parents risk losing their parental rights.   2. Peace of Mind Knowing that there is a plan in place for your child's care can provide peace of mind to parents, especially in situations where they may be facing health issues or other challenges.   3. Legal Protection A standby guardianship agreement provides legal protection for both the parents and the designated standby guardian. It clarifies the roles and responsibilities of the standby guardian and ensures that their authority to make decisions for the child is recognized.   4. Avoids Court Intervention Without a standby guardianship agreement, if something were to happen to the parents, the court would need to intervene to determine who should care for the child. Do you want to leave that decision up to a judge who doesn’t know your family or your child?  Of course not. This process can be time-consuming, costly, and stressful for all involved.   5. Flexibility Standby guardianship agreements can be tailored to meet the specific needs and circumstances of the family. Parents can choose the standby guardian, specify the conditions under which the standby guardianship would take effect, and outline any specific instructions for the care of the child.   How to Create a Standby Guardianship Agreement   Creating a standby guardianship agreement involves several steps:   1. Choose a Standby Guardian Select someone who is willing and able to care for your child if you are unable to do so.   2. Consult an Attorney: It is advisable to seek the advice of an attorney who specializes in family law to help you draft the agreement and ensure that it complies with Pennsylvania state laws.  Fiffik Law Group attorneys can prepare this agreement for a low flat fee.   3. Draft the Agreement The agreement should include details such as the names and addresses of the parents and standby guardian, the conditions under which the standby guardianship would take effect, and any specific instructions for the care of the child.  It isn’t a DIY document.  It needs to comply with the law so its unwise to try and do this yourself.    4. Sign and Notarize the Agreement Both parents must sign the agreement, and it must be notarized to make it legally binding.   5. Keep the Agreement Updated Review the agreement periodically and update it as needed to reflect any changes in circumstances or preferences.   A standby guardianship agreement is a valuable tool for parents to ensure the continuity of care for their child in unforeseen circumstances. Our family attorneys can prepare this document for you.  By taking the time to create a standby guardianship agreement, parents can have peace of mind knowing that their child will be cared for according to their wishes. Contact us today to learn more.

Business owners may face unforeseen personal liability risks related to unpaid wages and payroll taxes. In this article, we'll explore the potential dangers and consequences associated with these issues, shedding light on the importance of vigilance and compliance. Unpaid Wages Pennsylvania wage and hour laws mandate timely payment of wages and fringe benefits. When employers fail to pay wages when due, it’s not always due to some intentional scam like the owners of the popular South Philadelphia cheesesteak joint, Tony Luke’s, were perpetrating. Even unintentional errors can expose business owners to personal liability, such as: Wage Miscalculations Someone to whom payroll has been delegated is making mistakes, intentional or unintentional, in your workers’ wages and the owner is entirely unaware. Misclassification of Workers A worker is misclassified as either an independent contractor or an employee exempt from overtime rules. Violation of Work Rules Workers are not paid for all of the hours they worked because they failed to document the hours they worked. (It’s the employer’s legal obligation to pay for all hours worked, regardless of whether a worker violates a company rule.) Unlawful Deductions Deductions not authorized by law are taken from a worker’s wages. Many business owners are surprised to learn that even if their business is a corporation or a limited liability company (LLC), they may be personally liable for wage claims filed by their employees. The liability protection they assume is built into these entities does not protect their personal assets when it comes to unpaid wages. If the worker files suit against their employer and is successful, the worker is entitled to an award of attorney’s fees in addition to back pay and liquidated damages.  What this means for the business owner is that if they’re sued over wages, it could be a very expensive lawsuit because they’ll be paying not just their lawyer but also the employee’s lawyer. It is crucial for owners to stay informed and address any wage-related issues promptly. Payroll Taxes Employers are required to withhold from an employee’s wages income taxes (Federal and State) and the employee’s share of FICA (Federal Insurance Contributions Act) taxes. The Internal Revenue Code makes the employer a “fiduciary” of the United States with respect to these payroll taxes. When an employee’s income taxes and share of FICA taxes are withheld from the employee’s wages by the employer, the employee is treated as having paid those amounts to the IRS, whether the employer actually pays over such amounts to the IRS. This protects employees if the employer never pays over such amounts.  The failure of other personnel in a company to pay over to the IRS withheld employment taxes, even if you are unaware of such failure, can result in personal liability for you. Employers experiencing cash flow problems sometimes fail to pay the payroll taxes, choosing instead to use the cash attributable to those taxes to fund operations or pay themselves. This is always a bad idea. If an employer’s business ultimately fails and cannot pay the IRS the payroll taxes, the IRS, under the authority of IRC §6672, will seek to collect the withheld taxes from any “responsible person” of the employer (e.g., an officer, director, shareholder or bookkeeper with signature authority over a bank account.) This personal liability for “responsible persons” can be substantial. Moreover, in some cases, the IRS and the Department of Justice may seek criminal prosecution (as the owners of Tony Luke’s found out the hard way). For personal liability to be imposed against an individual, three conditions must be met. The individual qualifies as a “responsible person;” The individual fails to collect or account and pay over the payroll taxes; and The individual acts willfully in doing so. It is much easier to meet these conditions than one might think. To be a responsible person, the question is whether the individual had authority required to exercise significant control over the business’ financial affairs, regardless of whether they exercised such control in fact. If this standard is met, it is irrelevant that an individual’s day-to-day function is unconnected to financial decision-making or tax matters.  It does not matter that payroll was not your job in the business.  If you have apparent authority over financial matters, whether exercised or not, then you can be deemed a responsible person. For nonpayment to be willful, there must be either knowledge of nonpayment or reckless disregard of whether the payments were being made. A reckless disregard of whether the payments were being made can be established even if the responsible person has no knowledge that the payroll taxes were not being paid.  You cannot assume the payroll taxes are being paid. You cannot plead ignorance. How Should Business Owners Protect Themselves? If you are a business owner, or even a partial owner, you should assume that you could be deemed a responsible person for purposes of personal liability for unpaid wages and payroll taxes. Understand Company Policies: Familiarize yourself with the company's wage payment policies. Employee Classifications: Ensure all employees are correctly classified, avoiding potential issues with independent contractor arrangements. Accurate Wage Calculations: Verify the accuracy of wage calculations and maintain precise records of employee work hours. Timely Wage Payments: Ensure wages are paid promptly, complying with pay period schedules. Regular Tax Remittances: Confirm the regular remittance of payroll taxes to federal, state, and local authorities. We Can Answer Wage and Payroll Questions Vigilance is key for business owners to prevent personal liability risks related to unpaid wages and payroll taxes. The experienced team of small business attorneys at Fiffik Law Group have over 40 years of experience helping business owners with wage and payroll issues. We can review your wage payment policies and employee classifications and advise you whether you are compliant with federal and state law.  If you need any assistance with a wage claim or payroll tax issue, contact us at (412) 391-1014 for a fee initial consultation.

A revocable living trust is a powerful estate planning tool that allows individuals to manage their assets during their lifetime and seamlessly transfer them to beneficiaries upon their passing. However, the effectiveness of this legal instrument hinges on one critical factor – failing to fund the Trust. “Funding” is a term that refers to the process of retitling and transferring assets to the trust. Unfortunately, underfunding a revocable living trust can lead to a host of problems that may compromise the very purpose for which it was created. In this blog post, we will explore the potential pitfalls and consequences of failing to adequately fund a revocable living trust. 1. Incomplete Asset Transfer One of the primary purposes of a revocable living trust is to avoid probate, a time-consuming and costly legal process. When a trust is not properly funded, assets may not be fully transferred into the trust's ownership. The terms of the trust control only assets titled to the trust.  Without proper funding, the revocable living trust is simply a piece of paper.  This omission can result in some or all of your assets having to go through the probate process, leaving some assets subject to it. As a consequence, the intended efficiency and privacy of the trust may be compromised. 2. Probate Costs and Delays Underfunding a revocable living trust often leads to a situation where the remaining assets must pass through probate. Probate comes with its own set of costs, including court fees, legal expenses, and executor fees. Additionally, the probate process can be lengthy, causing delays in the distribution of assets to beneficiaries. This defeats the purpose of creating a trust to streamline the transfer of assets outside of probate. 3. Ineffectiveness of Incapacity Planning A revocable living trust not only facilitates the transfer of assets after death but also allows for the seamless management of assets in the event of the trust creator’s incapacity. If the trust is underfunded, there may not be sufficient assets within the trust to cover the grantor's living expenses and medical care. This defeats the purpose of using a revocable living trust as a comprehensive estate planning tool. 4. Potential for Will Contest and Disputes When a revocable living trust is not adequately funded, it may leave room for disgruntled heirs to contest your estate, particularly if there are discrepancies between the trust document and the remaining assets. Family disputes over inheritance can result in prolonged legal battles, causing emotional distress and financial strain on all parties involved. 5. Tax Consequences Underfunding a revocable living trust may have unintended tax implications. Properly funded trusts can be designed to minimize estate taxes and maximize the benefits for beneficiaries. Without adequate funding, the tax planning aspects of the trust may be compromised, resulting in higher tax liabilities for the estate and its heirs. Conclusion In conclusion, underfunding a revocable living trust can lead to a range of problems, from incomplete asset transfer and increased probate costs to the potential for legal disputes among heirs. To ensure the effectiveness of your estate plan and the seamless transfer of assets, it is crucial to work closely with a qualified estate planning attorney and diligently fund your revocable living trust. By doing so, you can safeguard your assets, streamline the distribution process, and provide for your loved ones in a manner consistent with your wishes.