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Hancey Law Offices

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Archive for category Legal Notes

One-Year Limitations on Non-Compete Agreements in Utah

The Utah Legislature passed statutory restrictions on Non-Compete Agreements contained in § 34-51-201 of the Utah Code which is entitled “Post-Employment Restrictive Covenants.” In short, an employer and an employee may not enter into a restrictive non-compete agreement for a period of more than one year from the day on which the employee is no […]

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Utah Uniform Power of Attorney Act

The Utah Legislature adopted the Uniform Power of Attorney Act. This significantly changed the language to be included in powers of attorney and how powers are interpreted. These changes were intended to help those relying on a power of attorney document and standardize the interpretation of the rights of a power of attorney. This provides […]

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OBAMACARE’S OCTOBER 1ST NOTICE DEADLINE

As a reminder, employers are required to provide notice to their employees regarding the state healthcare exchange options by October 1, 2013.  This notice is required for most employers, even those with a staff as small as one employee as well as those who do not currently offer health care.   There are two forms […]

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Pre-Construction Lien Rights

In 2011, Utah law created a new breed of lien rights, pre-construction services are entitled to lien rights.  This will include services such as: surveying, consulting, site investigation, feasibility studies, designing, contract preparation etc. There are many deadlines and nuances to this new law in order to perfect these lien rights. If you are interested […]

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ESTATE PLANNING AND UPDATES

Have you setup an estate plan to protect your assets and ensure that your loved ones are taken care of? If so, is your estate plan current? While many people have estate plans in place, there are many lifetime events that can create eventual problems if the estate plan is not kept current. For our […]

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Are You an Employee or an Independent Contractor?

Blue hardhat sitting on plans, architect in background

The IRS does not allow you to choose. The consequence of moving from an independent contractor to an employee holds great significance to both the employer and the employee. Things such as: workman’s compensation, tax withholdings, agent liability, tax exempt benefits, pension plans and employer funded retirement plans all come into play at the turn […]

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Medicaid Issues

Medicaid Issues, Tax Exemption

Many clients have asked what they can do as they, or loved ones, approach the necessity of receiving nursing home care.  Medicaid is a federally funded, state-managed program that provides coverage to those that cannot afford nursing home care. It is true that you must have less than two-thousand dollars in non-exempt assets for each […]

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When an Employee Gives Notice to Quit

Given the economy, employment issues have become more and more prominent.   On January 15, 2009, the Utah Court of Appeals reaffirmed a particular rule in the Utah Administrative Code that is quite counterintuitive. The Rule states that if an employee notifies the employer of intent to leave work on a definite date, and the […]

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Choosing the Right Entity For Your Business

Business Entity

We have often had many clients and prospective clients ask whether to choose corporation, LLC or partnership and the differences in business classifications. Each of these entities have their pros and cons. Please see the information here which lists a comparison of Liability, Taxation, Formation and Maintenance of the several entity types for your convenience. […]

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Can I Charge Compound Interest?

Can I Charge Compound Interest

Our firm has dealt with several collection matters where the issue of compound interest was disputed. Utah law disfavors compound interest.  However, most of us use Quickbooks and Quickbooks favors compound interest.   I suggest you look at your various invoices, contracts, order forms and the like and see how you have referenced interest.  You will […]

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Avoiding Bad Tenants

Avoiding Bad Tenants

Recently, we have seen an increase in evictions and other tenant problems.   While an eviction can be expensive, we have developed a fairly aggressive process that can usually result in the sheriff forcefully removing the tenant if necessary in about ten days to two weeks.   We have learned however that many of these […]

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How To Lawsuit-Proof Your Estate

Estate Planning

Whether or not you anticipate conflict; properly establishing your wishes can prevent squabbles among beneficiaries. The following list is paraphrased from an article by Ashlea Ebeling. For the full article go here.           1. Treat siblings equally. Three children should equal one third shares. This will help prevent arguments. 2. Decide […]

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Copyright Basics

Copyright Basics

We have recently had clients ask us about some copyright basics. We thought this information could be useful to all of you. A copyright is a form of protection provided to authors of “original works of authorship” including literary, dramatic, musical, artistic, and certain other intellectual works, both published and unpublished. Copyright protection subsists from […]

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Enforceability of Noncompetition Agreements

Enforcement of Noncompetition and Nondisclosure Agreements

In the past couple of years our firm has seen significant litigation in these areas. We have modified our employment and noncompetition agreements based upon the experience in this litigation. Both new and current employees can sign both the employment and non-competition and non-disclosure agreements which are enforceable under Utah law. One thing to be […]

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Business Maintenance Packet

Business Maintenance Packet

Our firm has established a Business Maintenance Packet that includes often-used forms for both corporations and limited liability companies. The forms are custom built for single-member and multi-member entities, as well as single-shareholder and multi-shareholder corporations. They address a myriad of business situations. The following is an index of the forms. Please let us know […]

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