The reality is that employment agreements are to the benefit of both the employer and employee if they are structured well and negotiated at arm’s length.  That is, if both sides are prepared to negotiate the various terms and conditions (as opposed to “here, sign this or go elsewhere for work”) an employment agreement can present a “win- win” situation.  In the case of the employee, knowing the basic terms, conditions and expectations is very valuable when entering into a new position. Similarly, an employer benefits when its expectations are clearly expressed, negotiated and preserved in a written and enforceable document. 

In other words, if both parties enter into the relationship with “eyes wide open,” it is more likely that the relationship will get off to a good start with everyone rowing in the same direction, thus helping both the business and the employee succeed.  At Langsam Law, we have extensive experience negotiating and drafting employment and executive compensation agreements for all levels of employment. Our initial consultation is always without charge.

Businesses must take into account a variety of factors, including:

• Required licenses
• Commercial lease terms
• Payroll setup
• Initial and ongoing tax filings

Langsam Law provides the answers to these questions and many more that are bound to come up when establishing a business or outpost in the New York market.  Remember, at Langsam Law, we aren’t nosy, but we mind your business!

Note: Prior results do not guarantee similar results.

Some lawyers analogize the creation of a business with the birth of a person – i.e., the doctor delivers the baby and takes care of her throughout her life. The analogy being that a lawyer helps to form the business and counsels it throughout its “life.” The analogy is good as far as it goes.

However, the reality is that the lawyer is in a position, unlike a physician, to not only decide the color of the businesses’ “eyes,” but can design and formulate most aspects of that business so that once formed, we know precisely what the business will do, legally, and how it will perform. The doctor just waits nine months to see what nature hath wrought.

When a person desires to start a business, he or she can consult with an experienced business attorney who can analyze the specific needs of the business and design an appropriate vehicle for carrying out the “life” of that business.

For instance, if the business will have investors who will not participate in the management of the business (or if they will), the vehicle chosen can take that into account.

A minority owner of a limited liability partnership, for instance, can structure a business so that he or she controls the operation of that business even if he or she does not intend to be the contributor of the majority of the capital for the business.

Of course, the opposite may be achieved as well, with the investors having some or most of the control over the business.

At one time the initial primary motivation for incorporating a business was to limit the potential personal liability of the owner-operator of that business.

And while that motivation is still important, today there are many aspects of business formation that go above and beyond merely protecting the owner-operator from the danger of subjecting his or her personal assets to risk (other than the actual investment in the company).

Limited liability companies, limited liability partnerships and limited partnerships all provide the owner-operators with a shielding of their other personal assets from risk, but each of these vehicles have characteristics which are best suited to certain types of business operations.

If you’re considering starting a business, consult an experienced business attorney before the baby is in the oven!

Note: Prior results do not guarantee similar results.