Business Law Attorney in Orlando, Florida
Owning and operating a business involves establishing relationships with others. You will need customers or clients -- depending on the nature of your business – and to generate agreements with other people or businesses to keep your own enterprise running.
If you operate a retail establishment, you will have to rely on others to supply products for you to sell. Even if your business just provides professional services, you probably will need to rely on others for services.
Given the nature of relationships, personal or professional, disputes can erupt. Sometimes, seemingly out of nowhere. If you run a business and encounter a dispute with a supplier or other contractor, your operations can grind to a halt if you don’t deal with the challenge immediately and successfully.
For all your business questions and concerns in or around Orlando, Florida, – whether you have a business up and running or you’re looking to start one – contact us at Keough Law, PLLC. With more than a decade’s experience in helping entrepreneurs face their challenges and succeed, we can help you with the challenges of your situation. Contact us immediately.
Keough Law, PLLC proudly serves clients throughout the counties of Orange, Osceola, Hillsboro, and Pinellas, Florida.
Dependable Legal Advice
Choosing the Right Business Structure
A lot will depend on how you structure your business. You can create a sole proprietorship, which means that any loans or legal disputes will fall on you. Even in a partnership, the partners can share liability, unless it is a limited partnership, in which a general partner assumes all control and liabilities.
To protect your personal assets – your home, your car, and all your possessions – you should choose a limited liability company (LLC), or corporation as your business format. An LLC and a Subchapter S corporation both pass profits onto the owners. A traditional corporation assumes all tax liabilities and rewards owners and investors with dividends and an increase in share value, if publicly traded.
Contractual Arrangements and Other Agreements
As mentioned in the intro, a business generally must forge ties with other individuals and entities in order to succeed, whether it be to purchase products to sell or to receive professional services, such as accounting and tax fulfillment. There is obviously a wide range of agreements that can be made, depending on the nature of your business.
The point to remember is that even a handshake agreement with another person can be considered a legal contract. It doesn’t have to be in writing.
Of course, the best route is to have an express, or written, contract, spelling out the obligations and rights of all parties to the agreement. However, even a handshake can end up in a legal battle if you or the other party reneges or falls short on what you agreed to.
Employment Law and Employee Agreements
Employment in Florida is at-will, meaning that the employer or the employee can end the relationship for any reason or even no reason. However, that doesn’t mean that employers have the right to walk over their employees. Federal and state statutes protect employees against discrimination and retaliation at work.
Also, an employer must be careful to avoid promising an implied employment contract. If you -- the employer -- tell an employee, “You can work here as long as you want,” then you have created an implied contract.
You -- the employer -- must be careful to protect any trade secrets or other confidential information that is vital to the operation of your business. You can get employees to sign non-disclosure agreements when it comes to trade secrets, or even to customer data.
The agreement – known as an NDA – requires the employee not to disclose any confidential information once they leave your employment. A non-compete agreement takes this a step further in that it prevents a departing employee from joining a firm or starting one of their own, that mimics what you do.
Dissolution of a Company
If matters get too far out of hand – for instance, a partner has run up wild debts or is refusing to contribute to the firm’s continuing operation – your option may be to dissolve the entity and start afresh. This is obviously a drastic choice, but it is not out of the realm of possibility.
Your best option -- in any dispute -- however, is through negotiation or arbitration. Lawsuits can be both costly and lengthy. You should rely on the services and guidance of an experienced business law attorney in all matters, beginning with the formation of your enterprise, and certainly when faced with disputes and challenges that can threaten your continued operations.
Business Law Attorney Serving Orlando, Florida
Creating and operating a business is a challenging proposition, legally and practically. You need to rely on the counsel and guidance of an experienced business law attorney. If you’re planning to create a business, or already have one, in Orlando, Florida, reach out to us at Keough Law, PLLC, with all your questions and concerns.