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2 Key Signs You NEED a Business/Employment Lawyer!

  1. You’re Having Employee Issues
    1. Drafting Agreements and Employee Contracts:
      1. Attorneys are generally more up to date and informed about the current status of the law and how it applies to your business.
      2. Attorneys with experience in employee issues and contracts are able to draft your agreements and contracts in a way that forecasts potential issues and liability.
    2. Hiring Independent Contractors:
      1. Independent contractors can often get confused with general employees, so it is important to hire an attorney to help you distinguish between the two and prevent you from being liable for any misclassification.
      2. Attorneys can also help you draft independent contract agreements to reduce your potential liability.
    3. Firing employees or Lay-Offs/RIF:
      1. Hiring an attorney is important when firing or laying off an employee because they can ensure that this is not being done for any discriminatory or retaliatory reason.
      2. There are certain legal requirements for conducting a proper RIF (reduction in force) and an attorney can advise you as to these legal considerations.
    4. Wage and Hour Issues Like Tip Credits, Commissions, or On-Call Time:
      1. To avoid a lawsuit on any unpaid wages, it is important to hire an attorney to make sure you have not only classified your employees properly, but that you are paying them properly.
      2. Employees who receive tips or commissions can be tricky to deal with if you do not understand the current status of labor & employment laws.
  2. You’re Drafting/Signing/Negotiating Any Contract
    1. Vendor/Service Agreements (i.e., uniforms, etc.):
      1. There is a big misconception that you can easily get out of contracts, which is not the case.
      2. Vendor and Service Agreements can make or break your business and potentially how it operates. Having these contracts reviewed before signing and locking you in them for years is crucial.
      3. Having these contracts reviewed and negotiated can save you a ton of money in the long run.
    2. Signing Commercial Leases:
      1. Commercial Leases are typically one-sided and very much in favor of the Landlord. In fact, many believe they have no negotiating power in the transaction, which is not true.
      2. Having an attorney review and help you negotiate your commercial lease can have a huge positive impact on your business and your pocketbook.
      3. Lawyers with commercial lease experience are familiar with all of the legal jargon used and are trained to forecast potential issues with the lease.
    3. Buying or Selling a Business:
      1. Hiring an attorney when buying or selling your business is crucial. They can walk you through the process and make sure you are getting a good deal and protected in the transaction.
      2. After the deal is closed, there is not much that can be done to fix it.

2 Comments

  1. Oscar Morrison

    It’s helpful to know that we might want to have an employment attorney help us out if we’re planning on laying anyone off so that it doesn’t’ cause problems. We started a business last year and hired a couple of employees, but at this point, our business is winding down and we might need to let go of people to keep the company going. Getting a lawyer involved first could hopefully make that easier to handle.

  2. Adam Golightly

    I can see how it could be really useful for a business to make sure that they have the attorneys that they need to help keep their company safe. Getting some help from a professional could be really useful and ensure that they get the best result. It was interesting to learn about how unpaid wages, legal requirements and tips, and commissions should have an attorney with experience handling them so that nothing gets messed up.

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