Category: Business / Employment
When is a Contract not a Contract?
The law of contracts, seemingly as old as civilization itself, evolved to encourage people to uphold their bargains and to provide a remedy when another party failed to uphold his end of a promise. If I promise to paint your house for $500, and you… Continue reading
Using Communication to Collect
Every successful business will have a certain percentage of customers who do not pay their bills in a timely fashion. Most business owners would prefer that all customers pay within 30 days; after all, if your customers do not pay you, how are you going… Continue reading
Negotiating Personal Guarantys
If you own or are acquiring a small or medium sized business, you probably have been faced with a request from a bank or other creditor to sign a personal guaranty for credit extended to your business. Many business people do not realize that they… Continue reading
Contracts with Key Employees
Employment relationships often are not embodied in a written contract between employer and employee. Instead, most employment is of an “at will” nature, terminable by employer or employee on a moment’s notice, with or without cause. Some employment relationships should be embodied in written agreements,… Continue reading
An Overview of Trademark Registration
A trademark can be a word, symbol, phrase or design which identifies the source of the goods signified by the mark. Service marks are those which identify services. The range of types of marks which may be registered and protected is quite broad. In fact,… Continue reading
Restrictive Covenants
The term “covenant” may have religious connotations and certainly sounds archaic, but legally speaking, it has relevance in modern business transactions. But what is a “covenant”? A covenant is a promise or an agreement to do, or, in the case of restrictive covenants, not to… Continue reading
Is Your Business Safe From Sexual Harassment Charges?
In two recent decisions, the United States Supreme Court has changed the law on sexual harassment involving a supervisor. The Court abolished the distinctions of quid pro quo and “hostile environment” in such cases, instead holding that an employer is strictly liable under Title VII… Continue reading
Corporate Signatures
The primary reason most people elect to do business in the corporate form is to obtain limited liability for the activities of the business. Generally speaking, liability for contractual obligations and damage claims is limited to the net asset value of the corporation, thus shielding… Continue reading
Negligent Hiring and Supervision: Do You Know Who Your Employees Are and What They Are Doing?
Pennsylvania courts have in recent cases recognized causes of action against employers for negligent hiring and supervision of employees. These cases emphasize the importance of conducting background checks before hiring — especially for employees having unsupervised one-on-one interaction with the public, patients, and customers and… Continue reading
Business Valuation
Before purchasing or selling a business, it is essential to determine the value of the targeted business. Without knowing the value of a business, a purchaser will not be in a position to make an informed offer. He or she will either overpay for the… Continue reading