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Michael C. Daniel

Michael Daniel’s Answers

3 total

  • How do I negotiate a better severance package after wrongful termination?

    Dismissed four hours after I turned in a medical note from my doctor requesting medical leave and it was approved by the counsel on staff. Three years with company, No perfomance suspension, Offered a four week severance package when the woman tha...

    Michael’s Answer

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    This is a difficult question to answer without a detailed consultation. Typically, you negotiate a favorable severance package through leverage. You gain leverage by a myriad of methods, the threat of litigation is just one. Many industries are concerned about their reputation in the recruitment of key employee, and will often provide a favorable package to insure that you not become disgruntled and damage their ability to hire other employee. In sum, their is no one size fits all negotiation strategy. By the way it was likely the woman sleeping with the boss threatened a sexual harassment claim to attain her severance.

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  • Business LLC and personal guaranty and asset protection how do these exist together?

    When I signed a commercial lease I was told the LLC protected my personal assets, house and savings. 8 months later I was told in Georgia that is not true. Now I am renegotiating my lease, my landlord will not cap or remove the guaranty and in ...

    Michael’s Answer

    I agree with Glenn. However, I would add that if you are concerned about the guarantee, i.e., you believe you are going to default on the guaranty, I recommend you seek the advice of an asset protection attorney. Depending on your situation you may be able to protect some of you assets through an Estate Plan, gifts or other conveyances.

    All of the terms you are identifying are subject to negotiation. Any business owner should have a relationship with a business attorney. The business attorney should review the lease, and any other significant contract. A good business attorney not only provides legal advice, they can also provide advice on negotiation techniques.

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  • I am in the process of responding (objecting) to a petition, I am an heir, along with 11 other family members. I have a

    relative petetioning to become an administrater(not an heir). Do all eleven heir need to respond? and when I submit my objection in writing is there a need to include a reason why I object, and evidence of said reason. clude background informat...

    Michael’s Answer

    An attorney was once asked if you should represent yourself in Court and the attorney said: "you would not perform your own surgery would you?" With 11 interested people you may be able to pool resources. If money is an issue, I would recommend you contact Georgia Legal Services; they often provide free representation to folks that can't afford and attorney. http://www.glsp.org/.

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