The Employee Handbook: The Holy Grail of Your Business

Rincker LawEmployment Law Leave a Comment

Employee handbooks address the who, what, where, why, and how of your business operations.  Your employee handbook will protect you and your business by setting appropriate expectations, and providing consistency for your employees when situations arise. What Information Should an Employee Handbook Include?  Ideally, employee handbooks address anything significant related to your company, employees, operating policies, and applicable laws – …

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I’m Starting a New Business – Should I Use an LLC (Taxed as a Partnership) or an S Corporation?

Rincker LawBusiness/Commercial Law 1 Comment

Entrepreneurship has been called the new American dream. Hanging a shingle starts with an idea that develops into a business plan, but not without careful financial and legal considerations. Among the decisions that new business owners grapple with is whether to form a limited liability company taxed as a partnership (LLC) or a corporation making an S election (S corp).* …

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Ask Cari: What Does “At Will Employment” Mean?

Rincker LawBusiness/Commercial Law, Employment Law Leave a Comment

The term “at will employment” may be interpreted many ways by a lay person, but it is actually a legal term meaning that either party (employer or employee) may terminate employment at any time without notice for any reason (with limited exceptions), unless there is a contract stating otherwise.  However, a contract may modify that by wording such as “I …

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Illinois Business Law: Registering LLC’s Formed Out-of-State

Rincker LawBusiness/Commercial Law Leave a Comment

What happens when you form an LLC in another state but want to regularly conduct business within the State of Illinois?  These are called “foreign LLC’s.”  A foreign LLC must be admitted by the Illinois Secretary of State to transact business in Illinois.  To do this, the foreign LLC must submit an application for admission to transact business as a foreign …

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I Need To Hire Someone for My Business; What Do I Need To Know?

Rincker LawBusiness/Commercial Law, Employment Law Leave a Comment

The goal of most businesses is to grow – at least somewhat.  However, in order to grow or to be able to step away from the business for a personal life, vacation, or other ventures, you’ll need help with day-to-day operations.  If you’ve never hired someone before – or it’s been a long time – don’t worry – here’s the …

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Ask Cari: I Have a Problem with Employees Missing Shifts. Should I address this in my Employment Handbook?

Rincker LawAsk Cari, Business/Commercial Law, Employment Law Leave a Comment

I always tell my business clients that having an employee handbook is imperative.  It is, essentially, the laws of the employment relationship.  It can be as detailed as the employer would like and can cover anything that might arise affecting the employer/employee relationship.  While many state and federal laws govern certain aspects of the employer/employee relationship, a lot is left …

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4 Social Media Mistakes that May Put Your Company’s IP at Risk

Rincker LawBusiness/Commercial Law, Copyrights, Intellectual Property, Trademarks Leave a Comment

Being active on social media is hardly a choice anymore for small to medium sized businesses—it’s a given.  After all, your customers are there.  Connecting with your target audience in the social web can boost your brand and level the playing field between you and big competitors with larger advertising budgets.  But before you rush out to tweet a deal …

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5 Steps to Take When Winding Down Your Business

Rincker LawBusiness/Commercial Law Leave a Comment

There are many reasons business owners close up shop, including retirement, starting a new venture or, hopefully, because they’ve won the lottery.  No matter what the reason, it’s important to diligently wind down a business before moving on. Here are five steps to take: Reach consensus. If you’re a sole proprietor, then the only consensus you need is your own.  …

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Laws, Rules, & Regulations That May Not Apply To Small Businesses

Rincker LawBusiness/Commercial Law Leave a Comment

An extraordinary number of laws, rules, and regulations govern businesses and their employees.  A small business, however, may be exempt from one or more of them depending on its number of employees. For example: Discrimination Laws. Small businesses may be exempt from Title VII, the ADA and the ADEA: Title VII. Title VII prohibits employers from discriminating against employees on …

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5 Reasons Your Single-Member LLC Needs an Operating Agreement

Rincker LawBusiness/Commercial Law Leave a Comment

An operating agreement is a contract that controls your LLC’s operations as well as member interaction with each other and with the LLC. You may think that an operating agreement is not necessary for your single-member LLC – after all – why make an agreement with yourself? Is the Operating Agreement a Legal Requirement?  Most states don’t require an LLC …

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Independent Contractor or Employee: It’s Very Easy to Cross the Line

Rincker LawBusiness/Commercial Law, Employment Law Leave a Comment

Many businesses prefer to hire independent contractors because there’s often less overhead and fewer expenses (i.e. taxes). However, classify an employee as an independent contractor and you’re in big trouble. Here’s how to legally differentiate between the two. Who Controls the Worker? This question is not always easy to answer.  According to the U.S. Internal Revenue Service (IRS), evidence of …

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Business Law: Letters of Intents v. Term Sheets

Rincker LawBusiness/Commercial Law Leave a Comment

A letter of intent is used in many types of businesses to list the terms of a proposed deal between prospective parties. While the letter of intent is usually signed by both parties, it contains language stating that this letter does not create a binding obligation on either party. Despite this fact, there has been a great deal of litigation …

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