BERYS LAW | Business, Real Estate, Wills/Trusts

When starting a new business, it's crucial to comply with all the legal requirements to ensure your operations are conducted legally and your personal assets are protected. Here are the key legal services and steps needed to start a business:

Choose a Business Structure

The first step is to choose the appropriate legal structure for your business, such as a sole proprietorship, partnership, limited liability company (LLC), or corporation. This decision will impact your personal liability, taxes, and how you operate the business. Consulting with a lawyer can help you select the best structure.

Read more: How LLCs and Corporations Differ

Register Your Business

Next, you'll need to register your business name with the state to legally operate under that name. This involves filing the necessary paperwork and paying the required fees. You may also need to register for federal and state tax IDs.

Obtain Necessary Licenses and Permits 

Depending on your industry and location, you'll lik...

Independent contractor agreements are essential for businesses that engage freelancers or contract workers. These agreements help delineate the terms of the working relationship, ensuring clarity and legal protection for both parties. Here are some crucial legal tips for drafting effective independent contractor agreements.

Clearly Define the Scope of Work

The foundation of any independent contractor agreement is a well-defined scope of work. This section should detail the specific tasks, deliverables, deadlines, and expectations. Ambiguity in this area can lead to misunderstandings and disputes. For example, instead of stating that a contractor will "manage social media," specify that they will "create and schedule 20 posts per month on Facebook and Instagram, and provide monthly performance reports."

Specify Payment Terms

Clearly outline the payment structure in the agreement. Include the rate of pay (hourly, per project, or milestone-based), payment schedule (weekly, bi-weekly...

The hiring process is an important stage in the employment lifecycle, and it is essential for employers to handle it carefully to avoid legal obstacles that can lead to costly lawsuits and damage to their reputation. Here are some potential legal obstacles that employers should be aware of:

1. Background Checks

Background checks are an essential part of the hiring process, but they can also be a legal minefield. Employers must ensure that they comply with federal and state laws, including the Fair Credit Reporting Act (FCRA), when conducting background checks.

This includes obtaining the candidate's consent, providing clear disclosure of the scope of the check, and ensuring that the check is job-related and consistent with business necessity.

2. Discrimination

Discrimination is a significant legal obstacle in the hiring process. Employers must ensure that their hiring practices are free from discrimination based on race, gender, age, religion, national origin, disability, and oth...

Recruiting the right talent is important for any business's success, but it's also a process rife with legal complexities. From discrimination laws to privacy regulations, there's a myriad of legal considerations that businesses must navigate when hiring new employees.

Failing to adhere to these legal requirements can lead to costly lawsuits and damage to a company's reputation. To help businesses recruit effectively while staying compliant, here are some essential tips for navigating legal considerations in recruitment.

Understand Anti-Discrimination Laws 

Discrimination based on race, gender, age, religion, disability, or other protected characteristics is illegal in most countries. Ensure your recruitment process is free from bias by using objective criteria for evaluating candidates. Train recruiters and hiring managers on anti-discrimination laws and best practices to avoid unintentional biases.

Read more: Common Legal Issues in the Workplace

Create Clear Job Descriptions

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As an entrepreneur, one of the critical decisions you'll face is whether to hire employees or engage contractors for your business. Each option has its advantages and disadvantages, and understanding the differences between them can significantly impact your company's success. Let's look into the nuances of employees versus contractors and what entrepreneurs should know when making this important decision.

Employees:

When you hire employees, you bring individuals onto your team who work exclusively for your company. They typically have set work hours, use company equipment, and follow your policies and procedures. Here are some key points to consider:

• Control and Training: With employees, you have greater control over their work. You can provide extensive training, set performance standards, and direct how tasks are completed to ensure consistency and quality.

• Benefits and Protections: Employees are entitled to benefits such as health insurance, paid time off, retirement plan
...

For many entrepreneurs, building a family business is a labor of love, representing years of hard work, sacrifice, and dedication. However, without proper legal safeguards in place, the future of your family business could be at risk. 

From succession planning to asset protection, it's essential to take proactive steps to safeguard your business for future generations. Here are key legal measures you can implement to protect your family business.

Formalize Business Structure

One of the fundamental steps in protecting your family business is to establish a formal business structure. Depending on your circumstances and goals, options may include forming a limited liability company (LLC), partnership, or corporation. 

Each structure offers distinct legal and tax advantages, so it's crucial to consult with a legal professional to determine the most suitable option for your business.

Learn more: How to Choose the Right Legal Structure for Your Business

Create a Succession Plan

Planni...

Starting a small business is an exciting endeavor that requires passion, dedication, and attention to detail. However, amidst the enthusiasm of launching a new venture, small business owners often overlook crucial legal aspects that can have long-term consequences. Here are some common legal mistakes made by small business owners and tips on how to avoid them.

1. Neglecting Legal Structure

One of the initial decisions for any business is choosing its legal structure. Many small business owners make the mistake of operating as a sole proprietorship without considering the benefits of forming a limited liability company (LLC) or a corporation. Operating as a sole proprietorship exposes personal assets to business liabilities, putting the owner's finances at risk. To avoid this mistake, consult with a legal professional to determine the most suitable legal structure for your business based on liability protection, taxation, and management flexibility

Read more: How to Choose the Right ...

Dealing with a breach of contract can be a stressful and challenging situation for any party involved. Whether you're a business owner, contractor, or individual, understanding the necessary documents and evidence to gather is essential for building a strong case and seeking appropriate remedies. 

Below, we'll explore the key documents and evidence you should gather if you find yourself facing a breach of contract situation.

1. The Contract Itself

The cornerstone of any breach of contract case is the contract itself. Obtain a copy of the contract involved in the dispute and review it carefully. Look for clauses, terms, and conditions relevant to the alleged breach, including obligations, responsibilities, deadlines, and any provisions outlining remedies for the breach. 

Understanding the terms of the contract is essential for evaluating the merits of your case and determining whether a breach has occurred.

2. Correspondence and Communications

Gather all correspondence and communi...

Small businesses play a huge role in driving economic growth and innovation. However, amidst the excitement of entrepreneurship, it's important for business owners to be aware of the legal challenges they may face. Despite their size, they are subject to various legal requirements and potential risks that can have significant implications for their operations and success.

Here are some of the most common legal issues small businesses encounter and how to address them:

Business Structure and Formation

Choosing the right legal structure for your business is one of the first critical decisions you'll make as an entrepreneur. Each business structure—such as sole proprietorship, partnership, corporation, or limited liability company (LLC)—has its own legal and tax implications. 

Consulting with a business attorney can help you understand the pros and cons of each structure and ensure compliance with legal requirements during the formation process.

Discover: How LLCs and Corporations Di...

Employment contracts serve as the foundation of the relationship between employers and employees. They offer clarity and protection for both parties. However, when an employer fails to uphold their end of the agreement, it can lead to a breach of the employment contract. 

As an employee, you must understand your rights and options in the event of a breach. Here's what you should know about breach of employment contracts. 

Types of Employment Contracts

Employment contracts come in various forms, including written, oral, and implied contracts. 

• Written contracts are explicit agreements that outline terms and conditions of employment, such as salary, benefits, job duties, and termination procedures. 
• Oral contracts, while less common, can still be legally binding if certain criteria are met.
• Implied contracts arise when an employer's actions or statements imply an agreement to certain terms, even if not explicitly stated in writing.

Understanding Breach of Contract

A breach of...