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Recent Blog Posts
What You Need to Know When Selling a Business in Florida
If you are considering selling your business in Florida, there are several important factors that you need to be aware of. Selling a business can be a complex process, and it is crucial to understand the legal and financial implications of these types of transactions. By working with an experienced attorney, you can take the correct steps to protect your financial interests, and you can complete your business transaction successfully.
The Importance of Proper Valuation
One of the first steps in selling your business is determining its value. Proper valuation is essential for setting an appropriate asking price and ensuring that you receive fair compensation for your hard work.
A professional valuation expert or business appraiser can help you assess the value of your company by considering various factors such as profitability, cash flow, assets, market conditions, industry trends, and potential growth opportunities. You will need to make sure you do not undervalue or overvalue your business, as both scenarios can have significant consequences.
What Should an Employer Include in an Employee Handbook?
An employee handbook is a valuable tool that provides essential information to employees about their rights, responsibilities, and the policies and procedures of the company. It sets expectations for behavior and helps maintain consistency for all employees. It is crucial for employers to create comprehensive employee handbooks that are tailored to the specific needs of their companies, and they can do so with the help of an attorney who has a strong understanding of the laws that affect employers and employees.
The Importance of an Employee Handbook
An employee handbook serves multiple purposes:
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It promotes clear communication between an employer and their employees.
When Can I Seek an Injunction During Contract Litigation?
In the world of business, contracts are essential for establishing agreements and ensuring that all parties involved fulfill their obligations. However, there are situations where disputes may arise about violations of the terms of a contract. When these disputes escalate to litigation, seeking an injunction can be a powerful tool business owners can use to protect their rights and interests. With the help of an experienced attorney, a business owner can request relief from the court and minimize the harm suffered due to a breach of contract.
What Is an Injunction?
An injunction is a legal remedy that aims to prevent harm or enforce specific actions by ordering someone to do or refrain from doing something. It is typically sought when monetary damages alone would not adequately resolve the issue at hand. In contract litigation, obtaining an injunction can help maintain the status quo until the dispute is resolved.
How Can Small Companies Protect Themselves from Fraud?
One of the most common causes of small businesses failing is fraud. While this fraud can come from outside sources, the most significant threat comes directly from the inside, committed by employees. It is critical for small business owners to take the steps to ensure that they protect their companies and develop strategies to fight fraud. The following is a brief overview of some of these steps. For more details about effective strategies, contact a Florida business lawyer.
Due Diligence in the Hiring Process
One of the most important steps your business can take in preventing fraud is to make sure the people working for you are of good moral character. It is strongly recommended that you conduct background checks before hiring employees.
How Common Are Security Deposit Disputes?
Many Floridians decide to invest in rental properties as a primary or secondary source of income. While this income stream can be lucrative, it can also be wrought with frustrating – and expensive – issues because of problem tenants. We have all heard horror stories of tenants who damage property, refuse to pay rent, or commit serious violations of lease agreements. One of the most common disputes our firm’s Florida real estate attorneys handle involves security deposits.
Florida Law and Security Deposits
When a tenant rents a property, it is common practice for the landlord to require a security deposit. Under Florida law, there is no cap on what a landlord can require for a deposit, however, in most situations, the deposit is equal to one or one and a half months of rent.
Florida law requires landlords to follow certain rules regarding how that deposit should be stored. There are three legal ways a landlord can hold the security deposit:
Preventing Wrongful Termination Lawsuits
One of the downsides of owning your own company is that there will inevitably be situations where you will need to fire an employee. Unfortunately, no matter how valid the reason for that termination is, there are employees who will take legal action against their former employer, claiming wrongful termination.
These lawsuits usually include a request for financial compensation for losses the employee claims they suffered because of being fired. Given how damaging these types of legal actions can be to a company, both financially and to its reputation, it is important to understand what types of actions can trigger a lawsuit and how a Florida employment lawyer can help you avoid them.
On What Grounds Can a Wrongful Termination Lawsuit Be Filed?
Under Florida employment law, most employees are considered “at-will.” This means that an employer is legally able to terminate an employee at any time and for any reason as long as the action does not violate employment laws. Exceptions to that rule are if the employee is working under either a union or employment contract.
What Damages Are Available in a Breach of Contract Lawsuit?
When one of the parties who have entered into a contract with another party fails to live up to their end of the deal, the injured party can file a breach of contract lawsuit, seeking damages for the harm they have suffered because of the first party’s failure to fulfill their contractual obligations. The types of damages available in breach of contract cases can vary depending on the specific circumstances of the case. The following are some of the most common damages pursued in breach of contract lawsuits.
Compensatory Damages
Compensatory damages are the most common type of damages awarded in breach of contract lawsuits. The purpose of these damages is to compensate the plaintiff (injured party) for the financial losses they have suffered because of the defendant’s breach. There are two types of compensatory damages that can be awarded – direct and consequential.
Do I Really Need a Florida Real Estate Attorney?
Purchasing any type of real estate often involves complex documentation, as well as the need to adhere to all legal rules and regulations regarding these transactions. A real estate attorney plays a vital role in various aspects of real estate transactions. Whether you are buying, selling, or investing in real estate, their legal guidance is crucial in ensuring a smooth and legally correct process. The following are some of the areas where a real estate attorney can play a critical role.
Contract Review and Drafting
Real estate transactions involve complex legal contracts and agreements. Your real estate attorney will review and draft these documents to protect your interests. Your attorney will analyze the terms and conditions, find potential risks, and negotiate any necessary amendments to secure favorable outcomes. Your attorney’s legal knowledge and experience will ensure that you understand your rights and obligations before entering into an agreement.
How Can a Business Legally Protect Itself When Terminating Employees
Terminating an employee is never easy, but almost every business owner has had to make that decision at some point. When you have made that decision, it is critical to make sure you handle the situation with professionalism and fairness in order to reduce the risk of potential litigation the fired employee may pursue against your company. The following tips can help.
Prepare and Document
Before terminating an employee, you should prepare all necessary documentation. Review the employee's performance records, any disciplinary actions taken, and relevant policies or contracts. Document any incidents, performance issues, or violations that have led you to make this decision. This documentation will help you clearly communicate the reasons for termination and protect the company if any legal issues arise.
Communicate Clearly and Compassionately
What Should Be Included in a Start-Up Company’s Bylaws?
There are a multitude of decisions you need to make when you are starting a new business. One necessary step is establishing the bylaws that will govern your company’s decision-making process and internal operations. Bylaws serve as a type of roadmap for how the company will run, including defining rights, responsibilities, and procedures that will guide its operations. The following is a brief overview of some of the issues that you may want to consider in your new company’s bylaws.
Company Structure
The bylaws of your company should specify what the company structure is – i.e., partnership, LLC, etc. You should establish the roles of key personnel, including directors, officers, and shareholders, and what their responsibilities will be. You should also specify the powers and limitations each of these positions has in order to ensure clarity and accountability.
