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170 Mason Street, Greenwich, CT 06830

Metro NYC employment discrimination lawyerThese days, the job market can be highly competitive, with an abundance of experienced, highly qualified candidates all vying for the same position. Employers have the right to be specific in what they want in an employee, and to cast a wide net before choosing the person they think would be best suited for the job. At the same time, basing marketing practices and hiring decisions on applicant characteristics, such as age, race, or gender, or refusing jobs to otherwise qualified candidates due to their physical attributes or disabilities are examples of job discrimination that can land a company in legal hot water.  

Discrimination is prohibited not only for current employees, but also in the procedures and practices employers use in filling positions. The Equal Employment Opportunity Commission (EEOC) advises that the following are five areas in which discrimination often occurs. If you think your experience falls under one of these areas, contact an experienced employment attorney for legal assistance.

Job Postings and Advertisements

Employers are prohibited from posting job ads that either solicit or prohibit certain applicants based on age, race, religion, gender identity, sexual orientation, or due to physical disabilities. An example would be an ad seeking young workers or one stating females are preferred.

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Metro NYC Business Contract AttorneysContracts are an essential part of conducting business. In fact, every business, from a small sole proprietorship to a large Fortune 500 company that operates nationwide, enters into contracts whenever a customer buys goods or services. Business contracts can cover nearly every aspect of business and can include employment contracts, nondisclosure agreements (NDAs), buy-sell agreements, and purchase orders, just to name a few.

Contracts are legally binding agreements that establish certain rights and responsibilities for and upon the parties to the agreement. They often contain dense legal language that can be difficult for a person without legal training to comprehend. For this reason, it is important for anyone engaging in any type of business to have their contracts reviewed by an experienced business lawyer.

Language Clarification

One of the most common causes of significant and costly contract disputes are ambiguous terms. It may come as a surprise to people who are not attorneys, but commonly used words that one would assume are not subject to interpretation can become the focus of protracted litigation that could cost thousands of dollars in legal fees. By having a skilled lawyer review a contract prior to signing it and clarifying any ambiguous terms, business owners can avoid these kinds of issues before they arise.

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CT business lawyerBusiness owners and partners must make many decisions about how they will operate their business, address concerns that may arise, and plan for future growth. One of the most important decisions involves the way a business will be structured. During the business formation process, an owner will select a business entity and take steps to formally establish a company under a certain structure. By understanding the options for structuring a business, owners and partners can make sure they will be positioned for success.

Choosing the Right Business Entity

Business owners have multiple options for structuring their companies, including:

  • Sole proprietorships - The simplest type of business structure involves a person using their personal assets to conduct business activities. In these cases, there is no separation between the business owner’s personal assets and the assets owned by the business. While this may allow for less complicated and more streamlined business operations, it will not provide an owner with protection from liability, and they will be personally responsible for paying any business debts and meeting other obligations.
  • General partnerships - This type of structure is similar to a sole proprietorship, except that a business has multiple owners. In these cases, partners will be personally liable for business debts.
  • Limited partnerships/LLPs - A business with multiple owners may be structured in a way that provides some partners with protection from liability. In these cases, one or more partners may be general partners, while other partners may be limited partners who have a less significant role in managing business operations and are protected from liability. A business may also be structured as a limited liability partnership (LLP) in which all partners are limited partners. This type of structure is often used for professional practices such as medical practices, accounting firms, or law firms, and it will allow partners to be protected from being held liable for malpractice committed by another partner.
  • Corporations - A business may be structured as an independent legal entity, and shares of the business may be sold to investors to raise financing. Owners and shareholders will be protected from liability, and a company will need to meet a variety of reporting requirements to ensure that shareholders’ investments are protected. Depending on whether a business is structured as a C-corporation or S-corporation, it may be subject to corporate taxes, or taxes may be “passed through” and applied to the owners’ personal incomes.
  • Limited liability companies (LLCs) - This type of structure offers some of the benefits of a corporation, while still allowing owners and partners to maintain flexibility and control as they conduct business operations. LLC owners are protected from liability, and they can also take advantage of tax laws to apply certain types of deductions and avoid issues such as double taxation on corporate profits.

Contact Our Greenwich Business Formation Lawyers

At Ivey, Barnum & O'Mara, LLC, we can help you determine the best options for structuring your business. Whether you are starting a new business or looking to restructure your business to ensure that you can obtain financing and protect yourself from liability, we will provide you with legal guidance and make sure you meet all of your requirements to establish the correct business entity. Contact our Connecticut business law attorneys at 203-661-6000 to arrange a free consultation.

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b2ap3_thumbnail_shutterstock_1065993944-min.jpgBusinesses have a number of methods that may be used to protect their interests. One issue that may need to be addressed is the possibility that an employee may leave the company and use their knowledge of the business’s operations, client base, or trade secrets to gain an unfair competitive advantage against the company. This issue may be addressed by having employees sign a non-compete agreement. However, employers will want to understand when these types of agreements may be used and when they can be enforced.

Enforcement of Restrictive Covenants

A non-compete agreement may place restrictions on an employee, limiting the types of companies they can work for, the positions they can hold, and the business activities they can participate in. If a former employee who had signed a non-compete agreement violates these terms, their former employer may take legal action, and they may ask that the person be required to follow the terms of the agreement or pay damages for any financial losses that occurred because of the violation.

To be enforceable, non-compete agreements will usually need to address the following issues:

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greenwich contract lawyerContractual agreements are crucial for businesses. They may be used when making significant transactions, entering into a relationship with another business, or ensuring that employers and employees understand their rights and requirements. However, businesses may encounter situations where one party to a contract does not follow their legal obligations. In cases involving contract disputes, the parties will need to understand the potential remedies that may be available if a court determines that one party has committed a breach of contract.

Breach of Contract Remedies

During a civil lawsuit, a judge or jury will review the facts of the case to determine whether a breach of contract occurred. If the court finds that one party has not followed the terms of the contract, certain remedies may be awarded to the other party. These may include:

  • Compensatory damages - The breaching party may be ordered to pay compensation to the non-breaching party. Different types of damages may be available, and they will usually address the monetary losses that the non-breaching party has experienced, including losses that occurred indirectly because the breaching party did not meet its obligations. Liquidated damages may be awarded if a contract specifies an amount that will be paid if one party breaches the contract’s terms. If the breaching party willfully or maliciously violated the terms of the contract or acted fraudulently, punitive damages may be awarded as a form of punishment.

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