Alkalay & Smillie, PLLC

Articles of Interest

Attorney Edward Alkalay writes a regular column for the Conway Daily Sun newspaper entitled "The Legal Corner." His articles address a wide variety of timely legal issues. Click on the titles below to review his past articles.
 

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The Legal Corner: An Ounce of Prevention for Employers

Over the past two weeks, I have received some nice comments on my last article about steps that individuals can take to avoid legal difficulties. Several business owners asked me to write some more on this subject specifically geared toward employers. So, in this article I will list three simple ways for employers to reduce the possibility of legal difficulties. Whether you run a construction company, own a store, have a small part-time business, or work within any other business venture, there are certain relatively minor things that you can do to prevent costly, time consuming, and emotionally draining legal problems.

Form an LLC, a Corporation, or Other Business Entity

In operating a business, most people want to separate their business liability from their personal liability. Forming a business organization is the single most important detail to achieving this goal. Moreover, forming the proper business entity can also aid in how the business is taxed, what liability employees may have, and how the administrative aspects of the business are performed. Business owners should give careful thought to the business structure that best fits their needs, as there are a number of different business organizations and the law is constantly evolving in this area. For example, recent changes in laws affecting limited liability companies have made many reassess whether an LLC is the best type of operation for them. Ultimately, it is nearly always a good idea to form some type of business entity to protect your personal assets.

Carefully Evaluate Potential Employees

One of the most important ways that an employer can avoid financial and legal problems is to carefully evaluate all potential employees before hiring them. Careful evaluation during the hiring process helps avert many employment-related problems, including taking on an unqualified person, eluding problem personalities, and avoiding employees who are not self-motivated. If problems persist and it comes to discharging an employee, an employer will have to handle the stress of the termination, training a new employee, needless disruptions, and a variety of potential legal issues that could arise. A little more time and effort on the front end of the hiring process will avert many of these problems down the road.

Do Not Let Your Business Take Over Your Personal Life

For most people, work is a demanding, time consuming and very important part of life. Many people are at work for more than 50% or their waking hours. Remember to cultivate your personal life as much as you do your business. Some people tend to let a successful business engulf them or let a bad job come home with them. Whether you are single, married, or have a large family, it is very important to take some time away from work. Your mind and body need time to “recharge” and this perspective will allow you to make more common-sense and balanced decisions at work and avoid stress and problems at home.

There are many other ways to avoid legal issues at work, and in my next article I will focus on the processes and procedures for handling inter-office disputes. As a business owner, you should remember that taking steps to avoid legal problems are much easier (and less costly) than dealing with the problems when they enter a full-fledged legal dispute.

Edward D. Alkalay is a partner at Alkalay & Smillie PLLC and can be reached at (603)447-8994 or ed@northconwaylawyers.com. (This article conveys general information and should not be relied on for legal advice without further research and/or consultation with an attorney.)

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