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Directors of HOA organizations have the unenviable task of completing large “to do” lists while assuming the risk of offending neighbors if they don’t like your decisions.  While maintaining the common areas in their neighborhood, directors must:
  • Act in good faith and candor
  • Act in the interests of another and avoid transactions that result in personal gain
  • Not exert undo pressure or act without the knowledge and consent of those he represents

Running a business is a matter of managing the ups and downs.  Hopefully more ups than downs.  Whether part of the board or one of the top executives in a corporation, you realize you’ve got to handle the pitch and roll in order to keep the business afloat.  Particularly in these difficult economic times. During financially difficult times people are more prone to seek out and take legal action against any perceived corporate misstep.  Top-level decisions can be challenged by investors, regulators, and even criminal prosecutors.   And, so it is more important than ever that directors understand their obligations and potential liabilities.

Confucius, once said, “Before you embark on a journey of revenge, dig two graves.” In a better world, such words of wisdom would cause at very least a moment of reflection, but alas today’s modern society abounds with stories of revenge and retaliation gone awry. When it comes to retaliation in the workplace, it’s important for employers and managers to remember that prevention is much preferred to the bitter pill of litigation. That’s because, historically speaking, it’s typically the company that ends up taking the blame in retaliation suits. In fact, recent studies indicate that an employee who files a retaliation lawsuit is more likely to prevail at trial and recover significant damages than an employee filing a typical discrimination claim. What makes retaliation claims so much different? One theory would indicate that jurors, while slow to believe that managers are racist or sexist, are much more likely to find those same individuals capable of seeking revenge on someone looking to hurt the company. It’s simply human nature.

If your work clothes are workout clothes and your office is a gym, you are in the market for fitness instructor insurance. Your job is to motivate people to reach past their limits to do one more crunch, bench press, or squat. You coach them through new moves, correct their form, and then push them to do even better. Fitness instructors are sought after by a growing baby boomer population as this generation strives to remain active throughout their lives. Years of education, experience and building your client-base has formed the foundation for your business. You don't want to loose everything over one bad experience.

XINSURANCE will be represented at the LEAP Symposium , March 21-23, 2012 at the Aria Hotel, Las Vegas Nevada.  There is a growing trend of employees seeking to solve workplace disputes through Litigation and HR managers and consultants are faced with individual liability exposure.  XINSURANCE...