Avoid Common Small Business Legal Missteps
You work hard to make your small business distinct from other similar operations—especially those in the same industry and/or serving the same type of clientele—after all, differentiation is how you make your business stand out. But when it comes to small business legal blunders, you probably have more in common with your cohorts than you think. If you are planning to run a manual labor business make sure you have a working contract management software. There are many legal missteps for small business owners, but a recent survey identified a list of the five most common.
- Taking a do-it-yourself approach
Sure, you can get free legal documents on the Internet, but how do you know what you’re downloading is correct, that it contains everything it should and if the wording is appropriate? And once you have it, do you even know what it says? After all, legalese isn’t a language everybody speaks fluently. You can get this double checked for you by so many sites like public liability insurance that there is no real reason to pass it up, it’s not possible to overstate its value.
After all there are people who are willing to guide you and coach your business to the upper level by renting out some business coaches
- Not getting it in writing
Now is not the time to go old-school and take a verbal agreement or a handshake approach. Yes, verbal agreements can be binding, but good luck proving the terms of the agreement or that it even existed. Your rock-solid deal can quickly devolve into a you said/they said situation, possibly leaving you on the losing end.
Also hire business plan writers and get the help you need to write a successful business plan to ensure that the company is properly communicated and managed properly. An additional advantage of getting everything in writing is that the terms are laid out for everyone to evaluate.
- Playing it fast and loose with employees
Unfortunately, this happens a lot. Employers get into trouble by cutting corners when it comes to pay, hours, conditions of employment and withholding taxes. This can cause a lot of legal trouble for the employer, but it’s also just bad business. Talking about employees you need to make sure all of them meet requirements for high risk licenses
- Not having a buy-sell agreement
If you have co-owners or co-founders, a buy-sell agreement covers what will happen if one of them dies, becomes disabled or ill, wants to sell, goes through a divorce and so on. You need to clarify all of this when everyone is happy, healthy and on good terms, especially on the divorce part because its the most complicated process of all the others listed. But you wouldn’t need to worry when you have the best divorce attorney overland park by your side. It’s much harder to reach an agreement or achieve a satisfying outcome when the situation has changed or become dire and fraught with emotion. Even though it may seem simple, cover all the critical bases with appropriate legal representation.
- Avoiding your accountant until tax time
There’s an old saying, ‘you don’t know what you don’t know’, so don’t wait until tax time to discover your true financial situation. Meet with your account at least quarterly to review your financial performance and operations — whether you’re expanding, adding new products, entering a new territory or market, or having issues with employees — keeping your trusted financial advisor in the loop can help you avoid (potentially costly) mistakes.
6. Not having a data privacy agreement for customers
The General Data Protection Regulation (GDPR) is a regulation that is intended to strengthen data protection for individuals within European Union (EU) countries, the service that gets used the most are Venyu disaster recovery services. The GDPR went into effect on May 25, 2018. The primary objectives of the GDPR are to give people more control over their personal data, to help protect personal data from the risk of loss, and to unify regulatory privacy and data requirements within the EU, if you want to have more information visit nj-legal.com.
It is vital that any organization who conducts business in the EU understands the overall design of the GDPR and why preparing their technology and processes now for this new legislation is so critical.
Today’s technology is much different than it was 20 years ago. No one could have predicted how the Internet, smartphones and the widespread use of social media applications such as Facebook, LinkedIn and Twitter could have global implications. The ability for consumers to consent to receive communications is long overdue and increases customer trust and engagement. A segure way to work with your customer’s database is using this compliance solution, PossibleNOW GDPR
According to leppard law official website, with the GDPR implementation, data breaches must now be reported immediately (within 72 hours of the discovery of the breach). The GDPR was also necessary to enact a uniform data security law across the EU. Each EU country will no longer need to pass their own legislation for data security; the GDPR will be the guiding law. However, EU countries can still regulate certain types of data such as health data. For the best GDPR service out there, choose us.
WHEN CAN YOU ASK EMPLOYEES FOR A MEDICAL CERTIFICATE?
Other than casual employees, all employees have a right to take paid personal leave in circumstances where the employee is not fit for work because of personal illness or injury.
The same employees also have the right to take paid carer’s leave in circumstances where a member of the employee’s immediate family, or a member of their household, requires care or support because of a personal illness or injury and the use of injury lawyers is essential for this, and these kind of lawyers can be found online, .. Our employment solicitors can advise you on all aspects of employment and personal injury law.
For an employee to be entitled to paid personal or carer’s leave, they must comply with the notice requirements provided for in the Fair Work Act. The notice requirements imposed by the Act aren’t onerous, and they simply require employees to give notice of the taking of personal or carer’s leave to their employer “as soon as practicable” (which might be after the leave has commenced) and to advise the employer of the duration, or expected duration, of leave required.
CERTIFICATE AFTER TWO DAYS? THREE DAYS?
Employers often think that an employee needs to take at least two days’ leave before they can ask the employee to provide a medical certificate; however there is no minimum period of leave that an employee needs to take before their employer can ask for evidence of the illness or injury.
The Act provides that an employee who has given notice to their employer of taking paid personal or carer’s leave must, if required by the employer, give the employer evidence that would satisfy a reasonable person that the leave is taken because of the illness or injury of the employee, or a member of the employee’s immediate family or household.
The evidence need only be reasonable and is not limited to a medical certificate. For example, a statutory declaration may also suffice.
Although technically, you can ask employees for evidence every time paid personal or carer’s leave is taken, such a requirement may be a significant burden on both the employer and the employees. For instance, administrative staff may not have the resources or time to police the provision of medical certificates for absences on each and every occasion, and employees may struggle to obtain a certificate if they are absent on one day’s leave with a sick family member (who may not be able to make a doctor’s appointment).
As with most matters involving management of staff, common sense and flexibility about the application of the policy is advisable.
Our advice to employers is to implement a policy surrounding the expectations of employees giving notice of personal or carer’s leave, and the circumstances in which you as an employer will expect evidence to be provided. The policy should include details of the method of giving notice and to whom the notice should be given. Before any policy is implemented, an employer should ensure that employees are trained in the policy, and that a copy is available to all employees.
Having a policy in place that is available to all employees can minimise the impact of personal or carer’s leave on your business, and will also assist employers in properly dealing with problems that may arise when employees fail to comply with the policy.
CAN YOU QUESTION A MEDICAL CERTIFICATE?
As a nation, Australia has a reputation for the propensity of its workers to take the odd sickie and even sometimes getting a GP to sign off on it by providing a medical certificate. Employers can become frustrated when repeat offenders get away with taking numerous sickies by using medical certificates that an employer may consider to be “dubious”.
The Federal Magistrates Court has considered the circumstances in which an employer can question the validity of a medical certificate and it is only in “exceptional circumstances”. The case before the Court involved an employee who travelled to Perth over a weekend to watch an AFL game that was to be Kevin Sheedy and James Hird’s last game at Essendon. The employee then took personal leave on the following Monday, and produced a medical certificate to his employer.
Prior to travelling to Perth, the employee had informed colleagues and even his manager that it was his intention to take personal leave on the Monday following the game, but that he would have a medical certificate to do so.
The employee’s manager warned the employee that they would take any misuse of personal leave very seriously and it could possibly lead to termination. The manager also suggested that the employee instead request to take annual leave.
The employee’s employment was terminated and he filed an unlawful termination claim through business attorney in ocean city, md, arguing that he was terminated for a temporary absence due to illness, which is discriminatory.
The employee also suggested that his employer had no right to question the validity the medical certificate that he supplied.
The Court found in favour of the employer, confirming that employers do have the right to question the validity of a medical certificate, but only in the most exceptional circumstances.
In the case before the Court, the circumstances were exceptional because of the employee’s conduct in being open about the fact that he intended to take personal leave after the game, and being warned in advance by his employer that they would take his misuse of personal leave very seriously.
While this case might provide some hope for employers, extreme caution should be taken any time an employer is considering questioning a medical certificate because the ramifications of getting it wrong could be costly for your business.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.