Business Law Cases - Employee Legal Rights - Small Claims Court

Business Law Cases - Employee Legal Rights

Basic knowledge about relating business and corporate laws is essential to successfully run a business firm. In the case of an international business, the knowledge about international business law is essential. A lawsuit may be inevitable for a business unless it is very careful. Some go so far as to say that the more successful the business, the more likely it will be sued. It is advisable to employ a reliable business law firm to handle all legal matters. A shareholder agreement or a partner buy-out agreement ensures that company can buy-out an unhappy investor at a fair price. While raising money to fund the business, one would do well to observe the securities laws scrupulously. Consult a legal advisor or a reputable business law firm before soliciting money from anyone including friends and relatives. Do a trademark search to make sure that a particular name is available. Consult a legal advisor to determine whether or not to register the name with the U.S. Patent and Trademark Office. Every small business must have a definitive employee handbook that covers all pertinent issues of business and corporate law that relates to employees. It should contain all essential employee issues such as the employers right to terminate employees, maternity leave rights, confidentiality, sick leave, vacation, sexual harassment etc. The owner and each manager must be intimately familiar with the employee legal rights in these areas. Consult a legal advisor before terminating employees. While selling or purchasing products, use forms tailored exclusively to your business. Typical provisions that are may be covered in the purchase or sale orders are warranties, attorney's fees, risk of loss and payment. Lawyers often advise their clients not to become involved in litigation because of the principle of the matter. If faced with the prospect of litigation, carefully explore the alternatives of arbitration or mediation, as they are faster and cheaper and provide less exposure for the business.

Small Claims Court

Small business owners can use the Small Claims Court to collect overdue bills or to resolve their disputes with customers or other businesses. The Small Claims Court does away with bill collectors and lawyers, and is thus a cost-effective way of collecting unpaid bills. In most of the cases, very little preparation or court time is needed. Most disputes between businesses or business and customer involve contracts. Common arguments are goods or services that were poor, late or not provided at all. If the persons concerned can’t negotiate a solution or arrive at one through mediation, a Small Claims Court comes to the rescue to enforce business law. In these cases, a terse and well-organized court presentation is important. After the persons concerned have spoken out, the judge will give a decision either immediately or mail it in a few days time. Thus both parties come to know where they stand as soon as possible.

Shareholders are often unaware of their rights. Though some laws are standard, specific rights may depend on:

• The type of security
• The laws of the state where the company is incorporated, and
• The by-laws and charter of the company

Federal and state laws provide limited protection to employee communications. In privacy issues, employees and employers may jointly develop a Policy Statement to balance the legitimate interests of both parties.

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