Author: Melissa Magee

Author: Melissa Magee

Three Legal Tips for Startups
Image December 9, 2018 Business Melissa Magee

Establishing a business is not only about the prestige but also the efforts. And usually, legal issues become the most overwhelming problem in that matter because small mistakes may end up as a big fine. For example, employees’ rights in the US are relatively more well-protected by the law than other countries. If you are an employer who makes a lousy contract, your employees can file a lawsuit against you if you dismiss them. Not only does it cause you to lose money but also your reputation.

Below are the three legal tips that every entrepreneur must know before they start a new business.

Drafting Your Contracts Professionally

You need to hire an employment lawyer to devise your employment contracts. Do not take chances in this process because as stated in the opening paragraph, a disgruntled employee may sue you and drain your company’s budget.

However, you must know the fundamentals issues that an employment contract needs to address:

1. Conflict of Interest and Confidentiality Agreement Clause

Conflict of Interest clause regulates how your employees’ behavior matches your company’s interest. It discusses how they should interact with other companies while they are working for you. If you allow your employees to take a second or third job, you have to make sure that such decision will not affect their performance at work.

2. Job Poaching Clause

An employee who gets fired has the possibility of soliciting others to follow the same step. This clause addresses that issue.

3. Employee Copyright Clause

This clause proclaims the ownership of any invention and ideas created by the employees during their working time. App developers must address this issue meticulously.

4. Company’s Property Usage Clause

Your employees will have access to your company’s equipment, technology, and information once you hire them. Company’s property usage clause notifies the employees about the rules of using those facilities.

5. Dispute Resolution Clause

This clause affirms negotiation as the preferred means to resolve possible disputes in the future. It saves your company from dealing with a surprise lawsuit filed by a former employee.

 

Outsourcing and Its Legal Issues

Outsourcing has become a business trend that enables limitless opportunities for startups. It reduces the cost of service and equipment significantly. For example, a small manufacturing startup should focus more on the research and development of their products instead of management. In that case, they can use an outsourcing service like aloha payroll to manage and calculate their employees’ attendance, performance, and rewards. The startup does not need to invest in hiring new finance experts and upgrading their inventory.

However, you need to be concerned with possible legal issues that may come up in the future. Outsourcing means entrusting your company’s date to a second party. And thus, privacy and confidentiality should be the primary focus here.

Second, if you do not contribute to the local community by employing a domestic workforce, your company’s reputation can be at risk. If the union finds out, they may sue you. Therefore, you have to consult a local lawyer to know how the authority controls outsourcing.

Devising the Right Legal Disclaimers

The third important thing for a startup is to create legal disclaimers for either their products or service. They can prevent consumers from being at odds with you because they misunderstand the function of your products. For example, your company develops a paid language learning app that promises the learner to succeed in a specific test. In that case, you have to state explicitly the circumstances that will support the intended outcome, like being discipline with the learning schedule, working on all of the exercises given by the app, etc.

Dispute with customers can damage your company. Therefore, investing in its prevention is way better and more beneficial than resolving it.…

Top Benefits of Hiring Divorce Lawyers
Image October 4, 2018 Divorce Law Melissa Magee

A divorce can take a toll on your life. This is because it is one of the most challenging decisions you will have to make in your life. In fact, getting a divorce can be a painful moment in a person’s life, notwithstanding whether the marriage was an unhappy one.

divorce processSuch immense pain and grief can make one lose sight of objectivity, which can result in impairing your decision-making ability. This explains why you should hire a Rochester divorce lawyer. An expert lawyer can help you handle the divorce process by solving the complications that arise. There are several benefits of hiring a professional divorce lawyer. The following are some of the benefits.

Technical Legal Knowledge

A divorce lawyer ought to offer you the technical knowledge that cannot be found anywhere else. For one to become a lawyer, he or she has to spend several years studying and practicing law. This is supplemented with adequate experience in this area of specialization. Thus, your lawyer cannot only offer you the technical advice you need but also manage bureaucratic processes such as handling complex forms and collecting evidence.

Specialized Experience

Other than the basic legal knowledge, a divorce lawyer has a lot of experience earned through various divorces he or she has handled. One of the aspects that are important is specialization. This is earned by handling similar cases over the years. Therefore, as you hire an attorney who is an expert in the divorce cases, you get a lawyer who understands all the intrigues and intricacies that the cases can provide. Also, after practicing for several years, the divorce lawyer will have instincts that can be useful to your case.

An Objective Viewpoint

Remember that the divorce lawyer you choose will provide an independent opinion. Lawyers are well-known around the world for their objectivity. Thus, when you are suffering from emotional trauma as a result of divorce, the objectivity of the lawyer can be of great help.

Emphatic and Tender Voice

certificate of divorceA lot of divorce lawyers have dealt with a lot of heart-broken women and men. Therefore, they understand the grief you are undergoing through in such tough situations. Thus, you can expect an emphatic voice from a lawyer that can make you feel better. Nonetheless, it is quite common for the divorce attorneys to be confidantes of their clients. If you are in the process of getting a divorce, you should look for a professional divorce lawyer.…

Get to Know Chapter 12 Bankruptcy
Image January 30, 2018 Uncategorized Melissa Magee

The reality of owning a business is harsh. Money is the source of problems for many things in life, and even though the company might have supported your cost of living in the past, it is always possible that it can go downhill anytime in the future. Though it is sad to deal with the reality, sometimes you must face the truth and accept that the business is no longer feasible. Because as much as you love the company like your child because of all the hard work and time that you have dedicated to it, there is a certain point in financial failure where letting go is your best option. Bankruptcy might seem like a scary thing and what you will keep as your last resort, but you should give it a try and educate yourself on the topic, so you can have better judgment about how it is not as bad as it sounds. While there are many types of bankruptcy out there, here is what chapter 12 is about for you to read if this is the one for you.

Why you should choose this

laywerThere are two main reasons why declaring Chapter 12 bankruptcy is an excellent solution to your money issues. The first one is, you can take a larger amount of debt from the government compared to other chapters. The second one is you will have better chance to reduce the number of financial obligations that you have.

 

Are you eligible

Surely every chapter will have their requirements, and the government made chapter 12 bankruptcy special for family-owned business where the filed is either farming or fishing. But you should look into it more though that is a general idea of who is eligible.

Finding the right lawyer

lawPursuing to get the financial protection that you can get through bankruptcy is not easy, you will need help from a lawyer that understands the law and the steps. From what to prepare and which steps that you need to make, a seasoned attorney will make sure that you will get the best out of your situation.

 

What to look for in chapter 12 attorney

Expertise and experience are two main things that you need to seek in your lawyer. Since the case is not just a general one you need to be in a hand that has the expertise in this area. The more experienced the person is, you will feel more secure as the attorney will have all the resources that they need to help you out.…

Understanding what is child support
Image December 18, 2017 Family Law Melissa Magee

When you have a child, you are legally obligated to provide financial support for 18 years, or what is known as the age of majority. Therefore, divorced parents that have children below 18 years do owe a given amount of child support.

Some states can even provide a website or a portal with a child support calculator for 2018. If you are a parent, you can also get free help from a local courthouse. It is important to consider the following factors when determining child support:

Determinants of child support

Income of both parents

income child support 244The income of all parents is considered. Moreover, the amount a parent can earn is taken into account. For instance, if a doctor in his or her 30s is just lying on the beach rather than working, he or she will owe child support even without an income. Another factor is the amount of money every parent receives. For instance, parents may be earning an interest in other investments.

Family structure

The number of children also involved is taken into account. Usually, if there are several kids, then the amount of child support required is higher. Another factor is the amount of time every parent spends with the child. If you spend a lot of time with your kid, then you will be required to pay less money as compared to the other parent.

Needs of custodial parent

A parent who has custody of the child will require a lot of support as he or she will incur more expenses for taking care of the kid. In fact, if the custodian does not have income, then non-custodial parent will have to cover the expenses.

Age of child

Depending on the age and the agreement in place, the support may come to an end at a given point in the child’s life. For instance, when the child reaches 18 years, both parents can cut off child support. However, some states demand that child support continues until the child marries or graduates from college.

Standard of living

standard of living child support 442The standard of living of the child before separation or divorce is also taken into account. The courts look at the standard of living and needs before the divorce. The aim here is to ensure the child continues to get the same level of living after separation and divorce.

Needs of the child

In fact, this may be the main factor to consider. The expenses and needs of the child must match the desired standard of living. Thus, things such as rent, food, education expenses are factored.…

Tips for hiring an accident attorney
Image November 14, 2017 Accident attorney Melissa Magee

Being in an accident is traumatizing. It is advisable that you get yourself an accident attorney in case this happens. Regardless of who was to blame for the accident you should seek the services of a qualified attorney. When an accident occurs and no one dies, the parties involved can decide to solve their case out of a law court, but a victim of a car crash may insist on going to court. Regardless of how you plan to resolve an accident issue, you should always make sure you have an accident attorney to guide you. If you are seeking the services of an attorney here are some points you should consider when hiring one.

Law firm

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Your accident attorney should be from a known law firm. Reputable law firms are known to have the best attorneys available. You should make a personal commitment to visit their office premises when seeking the services of an attorney. If a law firm has no one who has specialized in your type of case, you can ask them if they can refer you to a firm that can help you.

Qualification

Always know if the person who is representing you is qualified as an accident attorney. You can know this by inquiring from the law firm the attorney is from. You can also confirm if an individual is qualified by knowing if they are registered with lawyer’s organization. There are internet sites available to help you in identifying the relevant organizations of lawyers to confirm.

Experience

Having an experienced accident attorney can determine how much you will be paying or paid for settlements. Accident cases can be settled by paying medical bills or paying some money to the victim. Therefore you need to have an experienced attorney who has dealt with a similar case as yours so that your rights cannot be violated.

Area of specialization

afdfgdfhdWhat most people do not understand is that no particular attorney can handle all the cases. There are different types of attorneys depending on their area of specialization. You can find a property lawyer who specializes on property law. Therefore find an attorney who specializes in accidents, finding some who dedicates his time to represent accident victims will be beneficial as he or she will be up to date on matters related to accidents.

Charges

You should know the amount your accident attorney will require from you. Most accident attorneys will ask for hourly billing, but there are some who will like to be paid when the case is over. If you are to pay your lawyer when you win, you should agree on the percentage in advance.…