BERYS LAW | Business, Real Estate, Wills/Trusts

In the United States, most employees work under what’s known as “at-will employment.” While this term may sound straightforward, it’s often misunderstood by both workers and employers. Many people assume it gives employers unlimited power—or conversely, that employees can never be wrongfully terminated. The truth lies somewhere in between.

Here’s what “at-will employment” really means—and the most common misconceptions surrounding it.

What Is At-Will Employment?

At-will employment means that an employer can terminate an employee at any time, for any reason—or no reason at all—as long as the reason isn’t illegal. Likewise, employees are free to leave a job without notice or cause. It’s a flexible arrangement that allows both parties to end the working relationship when they see fit.

This concept is the default in most states unless there is a contract or law that specifies otherwise.

Common Misunderstandings About At-Will Employment

1. “I can’t be fired if I’m doing a good job.”

Performance management is a critical part of running any successful organization. When employees are not meeting expectations, it’s the employer’s responsibility to address the issue promptly and professionally. However, many businesses fail to properly document performance concerns, which can lead to legal vulnerabilities, decreased morale, and inconsistent team standards. Effective documentation not only supports fair treatment but also helps foster accountability and growth.

Why Documentation Matters

Proper documentation serves several purposes. First, it creates a clear record of expectations and behavior patterns over time, ensuring objectivity in performance evaluations. Second, it protects the company in the event of legal disputes. If an employee claims wrongful termination or discrimination, detailed documentation provides evidence that decisions were based on legitimate, job-related reasons. Finally, it provides a roadmap for employees to improve by clarifying issues and se...

Starting a business is exciting—but forming a legal entity without careful planning can lead to costly mistakes down the road. Whether you’re a freelancer growing your brand, a small business owner expanding your operations, or a startup founder ready to scale, how you structure your business matters. Unfortunately, many entrepreneurs rush through the process and overlook key steps, which can result in legal headaches, tax issues, or missed opportunities.

Here are the most common entity formation mistakes to avoid—and why each one matters.

1. Choosing the Wrong Business Structure

Many entrepreneurs default to forming a Limited Liability Company (LLC) without fully understanding the pros and cons. While an LLC is often a good fit for solo founders, it’s not always the most tax-efficient or scalable option. For example, if you plan to raise venture capital or issue stock, a C-Corporation might be better. On the other hand, if you’re a consultant making consistent income, an LLC with a...

For many freelancers, the journey begins with a laptop, a dream, and a few loyal clients. But as your client base grows and your income becomes steady—or even substantial—you may find yourself wondering: Is it time to form a legal business entity? Transitioning from freelancer to CEO is a major step, and forming an entity like an LLC or corporation can be a game-changer in how you operate, earn, and protect yourself.

When Should You Consider Forming an Entity?

There’s no one-size-fits-all timeline, but there are key indicators that signal it might be time to take the leap:

Your income is growing.

Once you’re making consistent revenue, especially above the $30,000–$50,000 annual mark, forming an entity can offer tax advantages and give your business structure.

You’re signing contracts.

Working with larger clients often means entering into contracts. Having a legal entity provides a more professional front and separates you from personal liability.

Read more: Common Contract Types...

When running a small business, every employee plays a vital role in the company’s success. Having a clear and legally sound employment contract is essential for protecting both the employer and the employee. An employment contract sets expectations, outlines responsibilities, and helps prevent misunderstandings that could lead to disputes. For small businesses with limited legal resources, understanding what to include in these contracts is especially important.

Why Employment Contracts Matter

Employment contracts formalize the working relationship. They protect your business from legal challenges and provide employees with clarity about their roles and benefits. In the absence of a written agreement, the terms of employment can become ambiguous, leading to potential liabilities. Contracts also give your business credibility and professionalism, which can be key to attracting and retaining talent.

Key Elements to Include in an Employment Contract

Job Title and Responsibilities

Cle...

In today’s digital age, content is a critical asset for any business. From blog posts and videos to marketing materials and website copy, the content a company creates helps define its brand, communicate with customers, and drive growth. However, many businesses overlook a key component of content management: having a clear and enforceable copyright policy. The absence of such a policy can expose a business to significant legal, financial, and reputational risks.

Legal Vulnerabilities

Without a copyright policy, a business leaves itself open to both copyright infringement and misappropriation issues. Employees, contractors, or third parties might unknowingly use copyrighted materials—such as images, music, or text—without permission. If the original copyright holder discovers the unauthorized use, the business could face legal action, fines, or be forced to take down valuable content. Conversely, if your business creates original content but lacks a copyright policy, others could use...

As remote and hybrid work arrangements become increasingly common, employers must navigate a complex legal landscape to ensure compliance with labor laws and protect both the organization and its employees. While the flexibility of remote work can enhance productivity and job satisfaction, it also introduces new legal challenges. Below are some key legal considerations for managing a remote or hybrid workforce effectively.

1. Wage and Hour Compliance

One of the most critical issues is ensuring compliance with wage and hour laws. Employers must accurately track work hours to avoid violations related to unpaid overtime or missed meal and rest breaks. This is especially important for non-exempt employees under the Fair Labor Standards Act (FLSA). Implementing reliable time-tracking tools and setting clear policies around working hours can help mitigate the risk of wage claims.

2. Tax and Jurisdictional Issues

Remote workers may live in a different state—or even country—than the comp...

Scaling a business is an exciting phase of entrepreneurship, but it also brings a host of legal challenges that can disrupt growth if not proactively managed. Entrepreneurs often focus on sales, hiring, and expansion during this stage, but overlooking legal compliance can lead to serious pitfalls. Understanding and addressing these legal hurdles is essential to building a sustainable and scalable enterprise.

1. Entity Structure and Governance

One of the first legal considerations when scaling is whether your current business structure remains appropriate. A sole proprietorship or simple partnership might work during the early stages, but as you grow, a limited liability company (LLC) or corporation offers better legal protection and more flexibility. For instance, incorporating can shield your personal assets from business liabilities and can also make it easier to attract investors. Alongside this, establishing clear bylaws, shareholder agreements, and operating procedures ensures s...

Business partnerships, like any relationship, can experience conflicts. Disagreements over finances, responsibilities, or company direction can arise, threatening the stability of the business. While litigation is an option, it is often costly and time-consuming. Instead, partners should explore alternative methods to resolve disputes efficiently and amicably. Here are key strategies to handle business partnership disputes without going to court.

1. Establish Clear Communication

Effective communication is the foundation of conflict resolution. Partners should set aside emotions and engage in open and honest discussions. Scheduling a private meeting to address concerns calmly and professionally can often prevent conflicts from escalating. Using active listening techniques and focusing on solutions rather than blame fosters a cooperative atmosphere.

2. Refer to the Partnership Agreement

A well-drafted partnership agreement outlines each partner’s rights, responsibilities, and dispute...

Scaling a small business is an exciting milestone, but it also comes with legal challenges that entrepreneurs must navigate carefully. From business structure adjustments to compliance and contracts, understanding the legal aspects of growth can protect your company and ensure long-term success. Here’s what you need to know about the legal side of scaling your small business.

1. Choosing the Right Business Structure

As your business grows, your initial legal structure may no longer be the best fit. Many small businesses start as sole proprietorships or partnerships, but scaling may require transitioning to an LLC (Limited Liability Company) or corporation. These structures provide legal protections, tax benefits, and credibility that can support business expansion.

LLC (Limited Liability Company): Offers liability protection while maintaining flexibility in management and taxation.

Corporation: Provides strong liability protection and is ideal for attracting investors but involve...