If your business is either closed or running a smaller operation, now may be the time to step back, do some planning, and get your “house” in order. It’s a good time to evaluate your focus and your customer base. Do 80% of your revenues come from 20% of your clients? Do 20% of your clients cause 80% of your headaches?
Law Office of Adam P. Whitney Blog
Over 14.5 million Americans belong to labor unions in the United States today, so it should come as a welcome sign for business owners who interact with third party workers such as subcontractors and franchisee employees that only those workers over whom they have substantial direct and immediate control will they be obligated to under the NLRA.
See No Evil: Can Your Business be Held Liable when Your Employees Engage in or Simply Overlook Sex Trafficking that Occurs on Company Property?
A District of Massachusetts court decision from November of last year has helped to clarify the liability that employers can face for illegal sex trafficking that occurs on company property. Ricchio v. Bijal, inc. (Civil Action No. 15-13519-FDS). In Ricchio, the victim Lisa Ricchio was kidnapped by defendant Clark McLean, and was held for several days as a captive at the Shangri-La Motel in Seekonk, Massachusetts where McLean stayed as a guest. The Shangri-La is owned by defendant Bijal,...
Fox Moulder’s motto was “Trust No One.” Lawyers can understand this paranoia. Divorce lawyers know spouses cheat. Criminal lawyers know clients steal (and worse). You should know that your business partners and key employees that you trust the most can betray you. This includes both majority and minority shareholders in close corporations, members of LLC’s (Massachusetts limited liability companies), and partners in partnerships. Sadly, this also includes family members in a family business.
No Good at Goodbyes: Why Employment Attorneys are Important to use for Creating Severance Agreements
Severance agreements, which are contracts between an employer and an employee that contain certain rules and guidelines for when an employee is terminated, may be regarded as somewhat of an afterthought by employers. An employer might think to himself, “the employee is leaving the company to go his or her own way, so what is there to worry about?” Despite this fact, it is imperative that anyone involved in the hiring process has an employment lawyer review a proposed severance agreement. A...
New Ruling From Massachusetts Appeals Court Shows the Importance of LLC Operating Agreement Language
How do Limited Liability Company Operating Agreements affect the fiduciary duties owed to co-Members of the LLC? That issue was decided in the case of Butts v. Freedman, which also involved Boston Equity Advisors LLC (“BEA”) and Outcome Capital, LLC (“Outcome”).
This is exactly what I was talking about in this recent post:
Breaking up is Hard to Do: Ending Your LLC Membership Interest by Sale, Resignation, Dissolution or Otherwise
What do you do when you are a minority or 50% owner and the other owner(s) are not treating you fairly? Maybe the other owner is taking an unfair salary, employing family members, or otherwise manipulating the system to take economic advantage of the situation. Maybe the other owner is taking cash and not reporting it. What do you do? What if you have taken cash too?
Your company holiday party comes with potential legal liability. While you can never eliminate all potential liability, you can minimize your risk. Here are some ways to do that:
When you have more than one Member in your Massachusetts Limited Liability Company, having an Operating Agreement is almost a must. Called an “LLC Agreement” in some states, an Operating Agreement is a formal legal document that sets forth the rights and duties of Members and Managers, including financial issues and working relations. But what about when you are the only Member? Isn't this just an agreement with yourself? Why would you need it?