Category: Business Law

The Top 3 Mistakes Employers Make That Lead to Employment Lawsuits

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Prevent Employment Lawsuits

As a small business owner, you are likely juggling many responsibilities. One of the most important aspects of running a successful business is managing your employees effectively and within the boundaries of the law. Unfortunately, many small business owners unknowingly make mistakes that can lead to costly employment lawsuits.

Mishandling Employee Classification

One of the most common mistakes employers make is improperly classifying their employees, which can lead to wage and hour laws violations. There are two primary classifications: exempt and non-exempt employees. Exempt employees are not eligible for overtime pay, while non-exempt employees must be paid overtime for any hours worked over 40 in a workweek.

Misclassifying employees can lead to significant financial penalties for employers. If an employee is incorrectly classified as exempt, they may be entitled to overtime pay for all hours worked over 40 in a workweek. This can result in substantial back pay, fines, and penalties for the employer.

To avoid misclassification, it is essential to familiarize yourself with the criteria for exempt and non-exempt employees under the Fair Labor Standards Act (FLSA). The FLSA provides specific tests to determine if an employee qualifies as exempt based on salary, job duties, and responsibilities. If you are unsure about an employee’s classification, consult with legal counsel to ensure compliance with the law.

Additionally, regularly review and update your employee classifications as job duties and responsibilities change. Ensuring proper classification from the outset and consistently monitoring it can help prevent costly litigation.

Failing to Comply With Anti-Discrimination Laws

Employment discrimination lawsuits are another common legal issue for small businesses. Employers must comply with various anti-discrimination laws, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA).

Failing to comply with these laws can lead to costly and time-consuming litigation. Discrimination claims can result in substantial damages, including back pay, compensatory damages, and punitive damages. Moreover, defending against these claims can severely damage a company’s reputation and employee morale.

It is essential to create and enforce a clear anti-discrimination policy to prevent discrimination claims. This policy should outline the company’s commitment to equal opportunity and prohibit discrimination based on race, color, religion, sex, national origin, age, disability, or other protected characteristics.

Additionally, provide regular training on anti-discrimination laws and your company’s policies to all employees, including managers and supervisors. This will help ensure everyone understands their rights and responsibilities under the law.

Finally, promptly investigate and address any complaints of discrimination. Taking appropriate action when a complaint arises can help prevent escalation and potential litigation.

Ignoring Employee Complaints

Employee complaints, whether about harassment, discrimination, or workplace safety, should never be ignored. Failing to address these concerns can lead to legal liability and a hostile work environment.

Ignoring employee complaints can result in a hostile work environment, which may lead to lawsuits alleging harassment or discrimination. Additionally, failing to address workplace safety concerns can result in violations of the Occupational Safety and Health Administration (OSHA) regulations, leading to fines and penalties.

Establish a straightforward process for employees to report complaints and concerns. This process should include multiple avenues for reporting, such as a designated HR representative or an anonymous hotline.

Take all complaints seriously and conduct a thorough investigation. If the investigation reveals any wrongdoing, take appropriate action to remedy the situation, such as disciplining the offending party or implementing new workplace policies.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Prevent Employment Lawsuits

You cannot stop anyone from suing you, but you can take proactive steps to reduce the likelihood that a lawsuit against your company will be successful. To create a plan for your business, speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. about your options. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.

What Are the Legal Ramifications of a Company Merger?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Support You Through Business Changes

Company mergers involve intricate legal processes. Understanding these legal ramifications can ensure smooth transitions and minimize potential pitfalls.

Structuring the Deal

The structure of a merger deal has profound legal implications. It can be an asset purchase, where one company acquires assets of another, or a stock purchase, where one company buys a controlling stake in another. Each type has unique legal aspects.

In an asset purchase, liabilities may not transfer to the acquiring company. In a stock purchase, the acquiring company usually assumes all liabilities. The choice between these two affects tax consequences, regulatory approvals, and third-party consents.

Asset Purchase

In an asset purchase, one company acquires the assets of another. These assets can include physical properties, equipment, inventories, intellectual property rights, customer lists, and more. In this scenario, the acquiring company chooses specific assets it wishes to buy. It has the advantage of avoiding unwanted liabilities.

However, this type of deal could lead to legal complexities. For example, third-party consents may be required if specific contracts or licenses are not assignable. Legal issues may also arise if there is disagreement over the valuation of assets. Also, hidden liabilities linked to the purchased assets might surface later if not carefully examined. Therefore, comprehensive due diligence is crucial in an asset purchase.

Stock Purchase

In a stock purchase, the acquiring company buys a controlling stake in the target company. Here, the acquiring company steps into the shoes of the target company, assuming all its assets and liabilities. This deal generally simplifies a business transfer as it requires fewer third-party consents.

However, this simplicity also carries potential legal pitfalls. The acquiring company inherits all existing legal issues of the target company. These could range from unresolved litigation and regulatory violations to tax liabilities. Moreover, any undisclosed or undiscovered liabilities become the responsibility of the acquiring company post-acquisition. Hence, in-depth financial and legal due diligence becomes even more critical in a stock purchase.

Due Diligence of Financial Issues and Intellectual Property

Due diligence serves as a protective measure for companies considering a merger. It thoroughly examines financial records and intellectual property. Overlooking financial irregularities can lead to severe penalties post-merger. Similarly, failure to identify intellectual property can result in lost opportunities for revenue generation. Thus, due diligence is crucial to avoid future legal complications.

Documentation and Performance Review

Documentation plays a vital role in any merger process. It includes merger agreements, representations and warranties, indemnification provisions, and disclosure schedules. Any mistake in documentation can lead to legal disputes. On the other hand, performance review helps assess how well the merged entity is achieving its objectives. Regular reviews can help identify and rectify legal issues that may arise post-merger.

Nuances of Merging Two Companies

Merging two companies involves more than just combining resources. It also includes integrating cultures, systems, and procedures. Any misstep can lead to employee dissatisfaction, attrition, and even legal disputes related to employment rights. Therefore, careful planning and execution are necessary to ensure a smooth transition.

Emotions Involved

Emotions run high during mergers. Employees fear job loss, while leaders may struggle with losing control. Such feelings can lead to resistance, conflicts, and legal issues. Hence, managing emotions through transparent communication and reassurance becomes imperative in any merger process.

Tax Implications

Mergers have significant tax implications. The deal’s structure can impact the tax liabilities of both the acquiring and the acquired company. Non-compliance with tax laws can lead to penalties and legal disputes. Therefore, understanding and planning for tax implications is essential in any merger process.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Support You Through Business Changes

A company merger can suit everyone involved, but you must ensure it is done correctly to avoid legal issues. To get the legal support you deserve, speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.

Is Severance Guaranteed to Terminated Employees?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Your Business.

Severance refers to the compensation that some employees receive upon termination of their employment. It is intended to provide financial support to former employees during their search for new employment. However, severance is not always guaranteed to terminated employees.

Severance can include monetary payments, benefits continuation, or other assistance forms. The primary purpose of severance is to help the terminated employee transition to new employment or retirement. Sometimes, severance is also offered as a goodwill gesture to maintain a positive relationship with the terminated employee.

In most cases, severance is not required by law. Employers are generally not obligated to provide severance unless they have agreed to do so in writing. This written agreement can be in the form of an individual employment contract or a collective bargaining agreement with a union. Some jurisdictions may have specific laws governing severance, but these are typically limited in scope.

It is important to note that employers are not required to offer severance to terminated employees for cause, such as misconduct or poor performance. In these situations, the employer may terminate the employee without additional compensation.

Severance in Written Agreements

If an employer chooses to offer severance, it is essential to have a written agreement outlining the terms and conditions of the severance package. This agreement can be part of the initial employment contract or a separate document created at the time of termination.

The written agreement should specify the amount of severance, the method of payment, and any conditions that must be met for the employee to receive the severance. For example, the agreement may require the employee to return all company property or complete a specific project before receiving severance.

A written agreement can help prevent disputes and misunderstandings between the employer and the terminated employee. It also provides a clear record of the employer’s commitment to severance, which can be valuable in legal challenges.

Severance and Release Agreements

When offering severance, employers should consider using a severance and release agreement. This type of agreement requires the terminated employee to sign a document stating that they accept the severance package and, in exchange, agree not to pursue any legal claims against the employer related to their termination.

Severance and release agreements can provide several benefits for the employer and the employee. For the employer, the agreement can help protect against potential lawsuits or other legal actions by the terminated employee. It can also provide a sense of closure and finality to the termination process.

For the employee, signing a severance and release agreement can provide financial security during a difficult time. The agreement can also serve as an acknowledgment of their service to the company and a demonstration of the employer’s commitment to supporting them in their transition to new employment.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Your Business

When terminating an employee, there is much to consider, including whether to provide severance. Speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. to learn more. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.

The Latest Updates on Business Law: Trends to Watch in 2023

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Keep You Informed

The world of business continues to evolve at a rapid pace. For small business owners, staying informed on the latest developments in industry trends is more important than ever.

Accelerated Digital Transformation

The coronavirus pandemic has accelerated the digital transformation of businesses across all industries. As a result, small businesses must adapt quickly to stay competitive and relevant in the digital age. This includes embracing new technologies like artificial intelligence, machine learning, and automation. It is essential to optimize online presence through social media, e-commerce platforms, and effective digital marketing strategies.

To stay ahead of the curve, small business owners should invest in digital tools and software that can help streamline operations, improve customer engagement, and drive sales. Additionally, keeping abreast of changing data privacy and security regulations is crucial to ensure compliance and protect your business from potential legal issues.

Inflation and Supply Chain Issues

Inflation has become a growing concern for businesses worldwide, with rising prices impacting everything from raw materials to shipping costs. Simultaneously, supply chain disruptions caused by the pandemic and other global events have led to shortages and delays in obtaining essential goods and services.

Small businesses must closely monitor these trends and develop contingency plans to mitigate their impact. This may include diversifying suppliers, increasing inventory levels, or adjusting pricing strategies for increased costs. Additionally, exploring alternative sales channels, such as local markets or direct-to-consumer models, can help reduce reliance on global supply chains and increase resilience.

Sustainability

Sustainability has become a key focus for both consumers and businesses alike. Small businesses need to consider their operations’ environmental and social impact and incorporate sustainable practices into their business models.

This can include reducing waste, using eco-friendly materials, and implementing energy-efficient technologies. By doing so, small businesses contribute to a more sustainable future and increase their appeal to environmentally-conscious consumers, ultimately resulting in increased sales and customer loyalty.

Customer Experience

In today’s competitive market, delivering an exceptional customer experience is essential for small businesses to differentiate themselves and retain customers. This involves understanding your customers’ needs and preferences, personalizing your product or service offerings, and providing prompt and efficient customer support.

Small businesses should invest in customer relationship management (CRM) tools to manage and analyze customer data, allowing for more targeted marketing campaigns and improved customer engagement. Additionally, offering multiple channels of communication, such as chatbots, email, and social media, can help cater to different customer preferences and ensure a seamless and enjoyable customer experience.

Attracting Top Talent

As the job market becomes increasingly competitive, attracting and retaining top talent is crucial for small businesses looking to grow and succeed. To do this, small business owners must offer competitive salaries, benefits, and flexible working arrangements that appeal to today’s workforce.

Moreover, investing in employee development and providing opportunities for growth and advancement can help create a positive work environment that encourages top talent to stay with your company long-term. Building a strong employer brand through transparent communication, a focus on diversity and inclusion, and showcasing your company culture can also help attract high-quality candidates to your business.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Keep You Informed

Business trends are constantly changing, and to stay on top, you have to evolve. If your business needs legal help with recent changes, speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

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Forming a Business Entity: A Comprehensive Guide to Choosing the Right Structure

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Choose the Right Business Structure.

Starting a business is an exciting journey, but there are many important decisions to make along the way. One of the most crucial decisions is choosing the right business structure. The type of business entity you select will significantly impact your company’s liability, taxation, management, and ownership structure. This comprehensive guide will help you understand the different options available.

Sole Proprietorship

A sole proprietorship is the simplest and most common form of business. It is owned and operated by a single individual who is responsible for all aspects of the business.

Pros:

  • Easy to set up and maintain.
  • Complete control over the business.
  • Minimal legal formalities and paperwork.
  • Pass-through taxation.

Cons:

  • Unlimited personal liability; the owner is responsible for all debts and legal obligations.
  • Limited funding opportunities.
  • Potential difficulty in transferring or selling the business.

Example: A freelance graphic designer operating under their name would be a sole proprietor.

Best for small, low-risk businesses with no employees and minimal capital requirements.

Partnership

A partnership involves two or more individuals agreeing to share a business venture’s profits and losses.

Pros:

  • Relatively easy to set up.
  • Shared responsibility and decision-making.
  • Pass-through taxation.
  • Potential to attract investors.

Cons:

  • Unlimited personal liability for all partners unless a limited partnership is formed.
  • Potential for disagreements and conflicts among partners.
  • More complex management structure compared to a sole proprietorship.

Example: Two friends open a small bakery together, sharing the costs, responsibilities, and profits.

Best for businesses with multiple owners who want to share decision-making and financial responsibility.

Limited Liability Company (LLC)

An LLC is a hybrid business structure that combines the limited liability protection of a corporation with the pass-through taxation of a sole proprietorship or partnership.

Pros:

  • Limited personal liability; owners are not personally responsible for business debts and liabilities.
  • Flexible management structure and ownership distribution.
  • Pass-through taxation.
  • Possible tax benefits.

Cons:

  • More complex and costly to set up and maintain than a sole proprietorship or partnership.
  • Some states impose additional taxes on LLCs.
  • Possible restrictions on the type of businesses that can form an LLC.

Example: A group of software developers creates an LLC to develop and sell a mobile app.

Best for businesses seeking limited liability protection and a flexible management structure without the formalities of a corporation.

Corporation

A corporation is a separate legal entity from its owners (shareholders) and is governed by a board of directors.

Pros:

  • Limited liability protection for shareholders.
  • Ability to raise capital through the sale of stock.
  • Transferable ownership.
  • Perpetual existence.

Cons:

  • Complex and costly to set up and maintain.
  • Double taxation; profits are taxed at the corporate level and again when distributed as dividends to shareholders.
  • Extensive record-keeping and reporting requirements.

Example: A tech startup raising capital through venture funding would likely choose to incorporate.

Best for raising significant capital, going public, or operating on a large scale.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help You Choose the Right Business Structure

Choosing a business structure can seem overwhelming. You can make an informed decision by understanding the different types and how they may affect your business. Speak with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. about your legal options. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

Starting a New Business? Here Are the Legal Steps You Need to Take

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Provide Legal Assistance if You Are Starting a New Business.

Starting a business in Pennsylvania can be an exciting journey but requires careful planning, preparation, and execution to ensure its success. There are several steps you should take when starting a business.

Step 1: Choose a Name and Legal Structure

The first step to starting a business in Pennsylvania is to choose a unique business name and a legal structure. Your business’s legal structure determines the protection of your assets and personal liability. You can choose from a sole proprietorship, partnership, limited liability company (LLC), corporation, or other legal entity. Research the different legal entities, and consider the legal and tax implications before deciding on the most suitable structure.

Step 2: Create a Business Plan

The next step is to create a detailed business outline that covers everything from your business goals, target audience, marketing strategy, timelines, and financial projections. Your business plan should be realistic and comprehensive and address your business’s key areas, including the competition, product offering, marketing plans, and funding.

Step 3: Register Your Business

Once the legal structure is chosen, you must register your business with the Pennsylvania Department of State by submitting the articles of incorporation, registering a name, or filing a trademark. The fees for registering your business vary according to your chosen legal structure.

Step 4: Register for Tax and Employer Accounts

As a business owner, you must obtain a federal Employer Identification Number (EIN) from the (IRS) and register tax and employer accounts with the Pennsylvania Department of Revenue and PA Unemployment Compensation. Make sure to obtain all necessary paperwork and license requirements.

Step 5: Register for Local Taxes, Zoning Requirements, Licenses, or Permits

Register for any local taxes, zoning requirements, licenses, permits, or certifications required for your business to operate legally. Check your local municipality, county, or township for specific requirements.

Step 6: Open a Business Bank Account

Opening a business bank account is a valuable tool to keep your personal and business finances separate. It makes it easy to track expenses and revenue and monitor your business’s overall financial health.

Step 7: Acquire Business Insurance

Business insurance can protect your assets, employees, and clients from unforeseen circumstances. General liability insurance and Workers’ Compensation insurance are essential protection types for most businesses.

Step 8: Fund Your Business

Obtaining funding is a vital step in starting your business. You can fund your business through loans, grants, crowdfunding, angel investors, or personal savings. Consider all available financing options, choose the one that suits your business needs, and make a funding plan that covers your business expenses for at least the first year.

Step 9: File and Pay Taxes

As a business owner, you must file federal, state, and local tax returns and pay taxes on time. Having a financial record-keeping system and consulting an accountant is essential to ensure compliance and avoid costly penalties.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Provide Legal Assistance if You Are Starting a New Business

Starting a business is exciting, but there is a lot of legal work to do. Get the help you need today by speaking with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule a consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.

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The Top Legal Issues Facing Small Businesses in 2023

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Fix Your Small Business’s Legal Issues.

Starting and running a business is a difficult task. Small businesses are responsible for handling every aspect of their operations, from hiring employees to signing contracts with vendors. While small businesses handle many challenges, one area that many owners overlook or undervalue is their legal requirements and compliance.

Pay Equity

In recent years, gender pay gap has gained a lot of attention, and many states have passed laws addressing pay equity issues. Many small businesses are unaware of their obligations to provide equitable pay to their employees, which can result in legal repercussions and significant financial penalties. Small business owners must understand pay equity laws and make necessary modifications to ensure they are compliant.

Employee Classification

Employee classification can also create issues for small businesses. Classifying employees as exempt employees, non-exempt employees, or independent contractors can significantly impact compliance requirements. Misclassifying employees can result in hefty legal bills, fines, and penalties. Small business owners need to proceed with caution and ensure employees are classified correctly.

Wage and Hour Compliance

Wage and hour compliance is another area that small business owners need to be vigilant about. Small businesses are required to pay overtime, keep accurate payroll records, and comply with strict minimum wage laws. Failure to comply can result in legal action and penalties, making it essential for business owners to stay informed and comply with the law.

Paid Leave Requirements

Paid leave requirements are state-mandated and have been gaining attention across the country. Small business owners must understand the laws and provide employees with the required amount of time off or they may face legal repercussions and penalties.

Cybersecurity and Privacy

With the increasing reliance on technology, small businesses need to be aware of the legal implications of cybersecurity and privacy. It is crucial to understand the necessity of securing sensitive information and the regulatory requirements that require businesses to protect consumer data privacy. With the increase in online threats and compliance regulations, small businesses need to protect themselves and their customers.

Contract Disputes

Contract disputes occur when one or more parties involved in a contract disagree about the terms of the agreement. This might happen when one party fails to live up to their contractual obligations, when there is a misunderstanding about the terms of the contract, or when there is a disagreement about how to interpret the contract.

To minimize the impact of contract disputes, small businesses can take several steps.

First, they should be proactive in drafting contracts, taking the time to ensure that the language is clear and that all parties understand their obligations.

Second, small businesses should consider having an attorney review contracts to ensure that they are legally sound and protect the company’s interests.

Finally, communication is key. Small businesses should make sure that all parties involved in a contract are aware of their respective obligations and that they have an open line of communication to address any issues that arise.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Fix Your Small Business’s Legal Issues

Small businesses face legal issues all the time, and how you deal with them can impact your business and employees. Get the legal help you need today by speaking with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

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Protecting Your Business From Wrongful Termination Lawsuits

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Protect Your Business From Wrongful Termination Lawsuits.

As a business owner, it is crucial to understand the legal implications that come with terminating employees. Wrongful termination, in particular, can be troublesome. Here are some ways you can be proactive to protect your business from wrongful termination lawsuits.

  1. Comply With Labor Laws

The best way to prevent wrongful termination lawsuits is to ensure that your business is complying with labor laws. This means understanding federal and state employment laws, including anti-discrimination laws, wage and hour laws, and labor union regulations. Review and update your employment policies and procedures regularly, and train your HR staff and managers to implement them consistently.

  1. Avoid Arbitrary Terminations

Arbitrary termination refers to firing an employee for no justifiable reason. To protect your business from wrongful termination lawsuits, you must have a legitimate reason for letting go of an employee, even if you do not share the full reason with the employee. This could be poor performance, violation of company policies, misconduct, or any other valid reason. Ensure that your business has proper documentation of an employee’s poor performance or policy violations so you have evidence that can be used to defend your decision to terminate the employee.

  1. Be Prepared for Termination

When termination is necessary, handle it with care and be prepared. Conduct the termination meeting in private and have a witness present to document the conversation. Be clear and concise in your communication, and avoid making personal attacks or comments that could be used against you. Provide the terminated employee with written notice of the termination, their final paycheck, and their entitled benefits. Consider offering outplacement services or support, such as career counseling or resume building, to help the employee transition out of the organization.

  1. Implement Clear and Concise Policies

Having a clear set of policies in place is essential to avoid wrongful termination lawsuits. Start by establishing a clear code of conduct that employees must adhere to. This can include rules and regulations about acceptable behavior and performance standards. By providing your employees with well-communicated rules and clearly defined job responsibilities, it will be easier to hold them accountable to those standards. That way, if you eventually have to take action against an employee, you will have a solid foundation to support your case.

  1. Document Employee Performance and Conduct

Documentation is critical for fighting wrongful termination lawsuits. Make sure that employee documents, such as disciplinary actions, performance reviews, and attendance records, are kept safe and secure. In case of a lawsuit, the documents will serve as evidence and back up the reason for the termination.

Document every conversation you have with an employee regarding their job and conduct. If an employee is underperforming or behaving negatively, take note of the date, time, and details of each infraction. Having a compilation of these details helps to provide tangible evidence when you are faced with a wrongful termination lawsuit.

  1. Seek Legal Guidance

One of the best ways to protect your business is by seeking legal guidance. You do not have to wait until you are facing a lawsuit to look for legal advice. Instead, have a lawyer on retainer to review policies and procedures and provide guidance on how to deal with potentially risky situations. This provides an additional layer of protection and ensures that, if faced with a lawsuit, legal professionals can provide the necessary guidance to protect your business.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Protect Your Business From Wrongful Termination Lawsuits

Protecting your business from wrongful termination lawsuits starts well before any litigation. Get the legal help you need today by speaking with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule an appointment. Located in Philadelphia, we proudly serve clients throughout Pennsylvania and New Jersey.

How to Draft Effective Employment Contracts?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Keep Your Business Compliant.

Employment contracts are essential documents that provide clarity and structure to the employment relationship between an employer and an employee. The purpose of an employment contract is to clearly define the terms and conditions of employment, so that everyone – employer and employee alike – knows exactly what is expected of them.

The contract typically covers a range of issues, such as the duration of employment, job duties, compensation, benefits, termination details, and other relevant employment terms. Employment contracts provide numerous benefits to both the employer and employee.

For employers, they limit the scope for  disputes or misunderstandings. An employment contract ensures that both parties are aware of their obligations and expectations, which can reduce the likelihood of legal disputes.

For employees, employment contracts provide peace of mind and job security. A well-drafted employment contract can make it clear what is expected of them and what they can expect in return.

The following components should be included in an employment contract.

Employee Details

The employment contract should include the employee’s name, job title, starting date, and other basic information, such as contact information.

Job Duties

The employment contract should clearly define the employee’s duties and responsibilities. This can include details about tasks, targets, and goals expected from the employee.

Compensation

Employment contracts should address compensation, including salary, benefits, and other forms of compensation, such as bonuses or stock options. The contract should detail how and when the employee will be paid and what benefits will be included, such as vacation time or insurance policies.

Termination Details

The contract should outline the circumstances in which employment can be terminated, such as resignation, retirement, or dismissal. An employment agreement should specify what the process is for resolving disputes, including mediation, arbitration, or litigation.

At-Will Clause

An “at-will” clause is a provision in an employment contract that indicates that either the employer or the employee can terminate the employment relationship at any time and for any reason, without any legal consequences, provided there is no illegal discrimination or contract violation. The at-will status clearly outlines the terms of the employment relationship so that employers and employees alike understand their relationship and corresponding expectations.

The at-will status gives both parties the freedom to end the employment relationship at any time for any reason. However, it is important to note that having an at-will clause does not exempt employers from being held liable for wrongful termination under certain circumstances. Wrongful termination can occur if the employer violates federal, state, or local anti-discrimination laws, or violates any provision of an employment contract.

Other Terms

Apart from employee details, job duties, compensation, benefits, and termination details, there are other provisions that may be included in an employment contract, depending on the employer’s requirements and the nature of the job:

  • Confidentiality and non-disclosure: The employer may include clauses that prohibit employees from sharing confidential or proprietary information. This clause is especially important for companies that deal with trade secrets, client lists, or other sensitive information.
  • Non-compete and non-solicitation: Employers may include clauses that restrict employees from competing or soliciting business from clients for a certain period after their employment is terminated. Be aware that several states have begun invalidating non-compete clauses.
  • Intellectual property: If an employee is expected to create intellectual property during their employment, the contract may specify who owns it and how it can be used.
  • Performance expectations: Employers may set performance expectations and provide consequences if employees do not meet them.
  • Work schedule and hours: The employment contract can specify the work schedule and hours of the employee based on the employer’s requirements.
  • Benefits: Employers may specify the benefits offered to their employees, such as vacation days, sick days, health insurance, and retirement benefits.
  • Entire agreement: Employers may include clauses that specify that the employment agreement contains the entire agreement between both parties and supersedes any prior agreements, verbal or written.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Keep Your Business Compliant

To stay compliant, it is important to have effective employment contracts. Protect yourself and your business by speaking with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. Call us at 215-574-0600 or contact us online to schedule an initial consultation. Located in Philadelphia, we proudly serve clients in Pennsylvania and New Jersey.

What Are the Best Ways to Finance a Business?

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Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Your Business Grow Financially

When starting a business, one of the most important things to consider is how you plan to finance the company. Whether you are looking for a loan from a bank or an investment, understanding your options when it comes to financing can help ensure your success.

Businesses often require additional funding when they face cash flow problems or want to expand their operations. Without sufficient funds, businesses may struggle to cover operational costs or invest in growth opportunities. By securing financing from external sources, businesses have access to extra money. This frees up money for other expenses, such as inventory or paying employees.

Loans

One of the most common forms of financing for businesses is through loans. This can be done through banks or other lending institutions, such as credit unions or online lenders. Loans typically come with low interest rates and are relatively easy to get if you have good credit and can prove that you have a viable business plan.

However, they also have strict repayment terms that must be met in order for the loan to not go into default. It is important that you understand all the terms before taking out a loan so that you do not end up in over your head financially.

Equity

Another popular way for businesses to secure financing is through equity investments from venture capitalists or angel investors. These investors put money into your business in exchange for either part ownership or future profits from the company.

While this type of financing does not require any collateral, it does mean that you will be giving up some control over your company and may be liable for taxes on any profits generated by your business down the line. It is always best to work with an experienced attorney when negotiating these types of deals so that you know exactly what you are getting into beforehand.

Crowdfunding

Crowdfunding has become increasingly popular in recent years as more people turn to social media and crowdfunding sites to raise money for their businesses or projects. Crowdfunding allows individuals or companies to reach out directly to potential investors who may believe in their cause and want to support them financially.

While this can be a great way to get funding quickly, it also requires an immense amount of effort on your part since you need to create campaigns, build relationships with potential donors, and generate publicity for your cause before anyone will invest. Additionally, most crowdfunding sites charge fees for using their services, which can add up quickly if you do not reach your goals within a certain time frame.

Philadelphia Business Lawyers at Sidkoff, Pincus & Green P.C. Can Help Your Business Grow Financially

Getting the right funding for your business can seem daunting. Protect yourself and your business by speaking with our Philadelphia business lawyers at Sidkoff, Pincus & Green P.C. to discuss your legal options. Contact us at 215-574-0600 or complete our online form to schedule a consultation. Located in Philadelphia, we serve clients in Pennsylvania and New Jersey.

  Category: Business Law
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