Incorporation and Entity Conversion

INCORPORATION AND ENTITY CONVERSION

There are numerous practical advantages to incorporating a business, including, but not limited to, tax benefits, protection against personal liability, increased credibility, greater ability to raise capital, and facilitation of ownership transfers. While each business has its own unique set of financial and legal circumstances to consider, incorporation or strategic entity conversion have proven to be valuable tools to innumerable companies and business owners.

Russian nesting dolls

The business attorneys of Bellatrix PC have extensive experience aiding entrepreneurs and business owners through each and every stage of their business venture, including the incorporation or conversion processes. We are prepared to help new entities draft and file articles of incorporation, or to guide existing entities through all steps required to successfully convert to another legal structure. Bellatrix PC is a results-oriented firm dedicated to providing efficient and customized business solutions for companies and entrepreneurs across all industries and levels of experience.

To learn more about how Bellatrix PC can help your company meet its goals, call our business lawyers at (800) 449-8992 to arrange for a confidential legal consultation.

Why Incorporate a Business Entity?

There are no laws mandating that an entrepreneur must incorporate his or her new businesses. As a business owner, you are free to structure your new entity as a sole proprietorship or partnership in lieu of opting for formal incorporation as a limited liability company (LLC), C Corporation, or S Corporation.

That being said, the advantages to incorporation are innumerable, and should be carefully considered by business owners when selecting and setting up a legal structure as part of the business formation process. Moreover, new business owners should bear in mind that entity selection is not necessarily permanent, and an entity which begins its life as a partnership or sole proprietorship may choose to incorporate later should the company’s objectives or circumstances change.

By incorporating your business as an LLC or corporation, you stand to reap a variety of significant practical benefits. Importantly, you will dramatically increase your protection against personal liability for the entity’s financial obligations should a debt or lawsuit arise in the future. LLCs and corporations offer members and shareholders robust legal protection against creditors, with a few exceptions for situations involving personal injury, personal guarantees, alter-ego, liability by statute, or acts of fraud. By comparison, general partners and sole proprietors remain completely vulnerable to personal liability for satisfying debts owed by the business.

In addition to providing a shield against creditors and debt collection, incorporation can also be favorable from a tax liability standpoint. For example, limited liability companies enjoy excellent tax flexibility, as the Internal Revenue Service (IRS) permits LLCs to elect to be classified as a corporation, a partnership, or a disregarded entity.

Moreover, both LLCs and S Corporations are considered flow-through or pass-through tax entities, meaning members report profits and losses on their individual income tax returns. C Corporations are subject to double-taxation, but allow full deductions for expenses pertaining to health insurance and fringe benefits, such as employer vehicles or public transportation costs.

Other notable benefits of incorporation include, but are not limited to:

  • Increased authority and credibility from a business perspective.
  • Ability to raise capital by selling stock.
  • Lengthened entity life (with some limits for LLCs). Sole proprietorships and partnerships dissolve upon the death of a partner or owner, with some exceptions where partners make special arrangements in advance.

Our attorneys are well versed in California’s business incorporation requirements, and will insure that you are compliant with state and federal law. Among other things, we will help you file your Statement of Information, assess your ability to satisfy California’s directorial and shareholder requirements, and prepare and review your corporate bylaws, articles of incorporation, and/or articles of organization where applicable.

Can You Convert a Corporation to an LLC or Vice Versa?

As mentioned above, entity selection does not always have to be permanent. In many cases, entity conversion is not only possible, but also favorable to the business from a legal and financial standpoint. It is not uncommon for business owners to convert limited liability companies to corporations, or conversely, for corporations to be converted to LLCs. Alternately, depending on the needs of your limited liability company, it may be desirable to convert a multi-member LLC to a single-member LLC, or to add members to a single-member LLC.

Moreover, there are several different methods of conversion, some of which are less complicated than others. For example, the streamlined statutory conversion process allows limited liability companies to convert to corporations (or vice versa) with minimal paperwork and automatic transfers of debts and assets. As an added benefit, the converted corporation does not need to go through the process of business dissolution.

Nonetheless, even simplified conversion procedures can be rife with opportunities for errors and mistakes. In order to convert smoothly and successfully, you must file a Certificate of Conversion with the California Secretary of State, create a formal plan of conversion, and, in the case of corporations, obtain approval for conversion from the stockholders and board of directors — to name just a few components of the legal process.

The steps you take during the incorporation or conversion process will create the framework for your business’ future. A misstep or omission during this crucial period could undermine your company’s ability to meet its full potential, depriving your entity of the financial flexibility and legal protection it needs to grow and thrive as the business matures.

Therefore, it is absolutely critical that your articles of incorporation, conversion plan, operating agreements, and other pertinent documents are drafted and reviewed by a knowledgeable business attorney with experience representing companies and employers in these matters. When you work with Bellatrix PC, you can feel confident you will be guided by trusted and dependable legal advice in all your business decisions.

Let’s start discussing how our team can help yours. Let us act as your corporate general counsel. To schedule a confidential personal evaluation, call Bellatrix PC at (800) 449-8992 today.

Limited Liability Companies (LLCs) Attorney

LIMITED LIABILITY COMPANIES (LLC)

Congratulations on making the decision to start your own business! As you already know, one critical aspects of business formation is deciding which legal structure your entity will assume, i.e., a limited liability company or corporate entity. The legal structure you select significantly impacts aspects of the company’s legal and financial rights, responsibilities, and limitations throughout the duration of the entity’s existence. For instance, the legal structure you choose will impact significant matters such as personal financial liability, tax considerations, the maximum number of business members, and costs related to the legal maintenance of the business.

man shrugging

The limited liability company (LLC) enjoys widespread popularity among entrepreneurs across all types of industries because it’s “hybrid” legal structure simultaneously offers liability protection while avoiding dreaded “double taxation” issues faced by C Corporations. However, while the LLC structure has the potential to offer considerable legal and financial benefits, it is also important for new business owners to familiarize themselves with the pros and cons of operating as an LLC.

The business formation attorneys of Bellatrix PC have extensive experience assisting entrepreneurs at all stages of their business, including LLC formation, the operation process, and business dissolution or sale of the business. At Bellatrix PC we are well-versed in California and federal laws governing limited liability companies. Whether you need assistance drafting enforceable LLC operating agreements, have questions about converting an LLC into a corporation, or simply need guidance pertaining to entity selection, our knowledgeable legal team is ready to help you meet your goals.

To learn more about how we can help your LLC succeed, call our law offices at (800) 449-8992 to set up a confidential legal consultation.

How LLCs Limit Personal Liability

The limited liability company does exactly what its name suggests, limits the personal financial liability of business owners should the business itself become liable for a debt.

While creditors may pursue funds held by the entity itself, individual members enjoy robust protection against the seizure of personal assets and other collection actions. In most instances, it is illegal for creditors to pursue vehicles, homes, or other possessions held personally by LLC members in order to satisfy debts arising from business transactions. This feature makes the LLC an attractive option compared with other entities which do not limit personal liability on behalf of the individual owners, such as general partnerships and sole proprietorships.

However, while LLCs generally restrict personal liability in the event of financial hardship experienced by the business, there are several situations in which members could still potentially be held personally liable for certain debts. Entrepreneurs must be made aware that even the LLC structure will not shield a member from assuming liability if he or she:

  • Personally and directly causes personal injury and/or wrongful death, resulting in civil litigation.
  • Makes a personal guarantee regarding debt repayment.
  • Engages in fraudulent or otherwise illegal activities pertaining to the business, including but not limited to tax evasion, embezzlement, and employment tax fraud.
  • Treats the LLC as an extension of his or her personal affairs, rather than as a separate legal entity.

Tax Obligations for Limited Liability Companies

In addition to limiting their personal liability, most entrepreneurs are equally concerned with minimizing their tax liabilities. The LLC structure can be ideal in this regard.

Like S Corporations (but not C Corporations), the LLC is what’s known as a “flow-through” or “pass-through” tax entity. This term derives from the fact that income which is generated by the LLC “passes through” the LLC itself to individual members thereof. Individual members report profits and losses on individual income tax returns, thereby avoiding the double-taxation applicable to C Corporations. Unlike their pass-through counterparts, the LLC and the S Corporation, C Corporations are effectively taxed twice: first at the corporate level, and then again at the level of the individual shareholders.

While they are both pass-through entities for tax purposes, the LLC enjoys several practical advantages over the S Corporation. To provide just a few examples, LLCs are generally simpler and less costly to form than S Corps, and can have an unlimited number of members.

Single-member LLCs have special tax considerations. The IRS designates single-member LLCs as “disregarded entities” for tax purposes, meaning profits and losses must be reported on the member’s Schedule C Form 1040 (Profit or Loss from Business) just as they would be for a sole proprietorship (in fact, Schedule C is expressly designed for use by sole proprietorships.) This special tax designation means it is unnecessary to file additional taxes for the LLC itself.

If you are forming a single-member LLC and do not wish to be treated as a disregarded entity, you may elect to be treated as a corporation by filing Form 8832 (Entity Classification Election) with the IRS. If you fail to file Form 8832, the IRS will simply use the default federal tax classification. Note that LLCs with two or more members can also request re-classification as a corporation by filing Form 8832.

If you are considering forming an LLC or other type of business entity, it is critical to seek legal guidance from an experienced business attorney. It is absolutely essential to provide a robust legal framework for your LLC during its formative stages to help put your new entity on the path toward success.

The attorneys of Bellatrix PC are prepared to help you navigate formation procedures and administrative requirements, draft company policies and operating agreements which comply with both state and federal laws, and most importantly, help you take all necessary legal measures to protect your bottom line so that your new entity can flourish and grow into the future.

To arrange for a private legal consultation, call our law offices today at (800) 449-8992. Ask about our business risk review and outsourced general counsel services.

 

Non-Disclosure Agreement

NON-DISCLOSURE AGREEMENTS

Non-disclosure agreements are called by many different names: NDAs, confidentiality agreements, confidential disclosure agreements, and proprietary information agreements, among other terms. Regardless of the terminology or type of business entity which is involved, all non-disclosure agreements share the same basic objective: protecting businesses against financial losses arising from the disclosure of trade secrets and confidential information. They must not be confused with non-compete agreements, which are designed for a different purpose and are of limited use in the state of California, where they are typically considered unenforceable.

Startup Tools Toolbox

Because clear and enforceable non-disclosure agreements are a dynamic and effective means of protecting proprietary information, well-constructed NDAs have proven invaluable for countless business owners and employers across a diverse range of industries, and should be included in every company’s legal toolbox. But remember, NDAs which violate state or federal laws often create more problems than they protect against.

At Bellatrix PC, our knowledgeable business attorneys have extensive experience helping start-ups, partnerships, limited liability companies, and corporations draft detailed, favorable, and enforceable non-disclosure agreements.  We pride ourselves on our sophisticated understanding of state and federal business and employment law, and will work closely with your company to determine and pursue a strategic and cost-effective means of resolving any NDA-related matter.

To schedule a confidential legal consultation, call our law offices today at (800) 449-8992.

Understanding the Difference Between Non-Compete and Non-Disclosure Agreements

As noted above, it is critical for employers and business owners to familiarize themselves with the fundamental differences which separate non-disclosure agreements from non-compete agreements. The two contracts serve different purposes, yet the terms are often transposed or mentioned in the same context, which creates confusion and misunderstandings regarding their actual purposes.

Non-compete agreements impose restrictions on a current or former employees future employment opportunities. For instance, a non-compete agreement may state that when an employee leaves Company A, that employee cannot work at a competing company for a certain period of time.  In addition, it may state that the employee cannot start a competing business for a finite period of time. Because non-compete agreements expressly restrict both competition and a person’s ability to earn a living, they are rife with potential problems and are seldom enforceable in California.

NDA’s on the other hand are designed to prevent a party, often an employee, who will be exposed to confidential, trade secret, or proprietary information  from divulging that information without expressly restricting competition or future employment. In the instance of an NDA, an employee may agree that when they leave Company A, they will not divulge or misappropriate any confidential or proprietary information obtained from Company A. Breaking the terms of a well drafted non-disclosure agreement  would expose the breaching party to substantial liability  based on breach of contract (damages for breach of an NDA are discussed in more depth later in this article). Because NDAs do not prohibit competition per se – they merely prohibit misappropriation and use of the employer’s confidential information, they do not face the same enforceability problems as non-compete agreements.

NDAs can be “mutual” (meaning two parties share trade secrets, often used when two businesses collaborate on a single project) or “one-way” (meaning only one party shares information, often used when an employer is entrusting trade secrets to an employee).

For California business owners, the important thing to remember is that NDAs do not struggle with the same enforceability issues as non-compete agreements.  Therefore, NDAs are consistently the more effective and reliable means of protecting confidential information and preserving a business advantage.

What Are Trade Secrets?

Trade secrets are as varied as the businesses who hold them.  Depending on what the entity does, trade secrets might include formulas, computer software, algorithms, recipes, databases, product designs, methods of manufacturing, businesses strategies, and other pieces of information which give the business a competitive edge.

Cal. Civ. Code § 3426.1, which is part of the Uniform Trade Secrets Act, defines a trade secret as “information, including a formula, pattern, compilation, program, device, method, technique, or process” which both (1) “derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use” and (2) “is the subject of [reasonable] efforts… to maintain its secrecy.”

While there is no bright line rule for what constitutes a trade secret, it’s safe to say that any business which has created, designed, or implemented something that gives it an economic advantage or a competitive edge should take measures to protect it.

Recovering Damages for Breach of Contract and Confidentiality Violations

The Uniform Trade Secrets Act doesn’t simply define what trade secrets are: it also sets forth potential consequences of violating a non-disclosure agreement.  Cal. Civ. Code § 3426.3(a) clearly states the following:

A complainant may recover damages for the actual loss caused by misappropriation [defined as “acquisition of a trade secret… by improper means” or “disclosure… without express or implied consent].  A complainant also may recover for the unjust enrichment caused by misappropriation that is not taken into account in computing damages for actual loss.

The Act also supplies some additional guidelines pertaining to civil lawsuits and compensation:

  • Even if it cannot be proven in court that misappropriation of a trade secret led to unjust enrichment or financial damages, the court can still “order payment of a reasonable royalty” for a limited period of time (see Cal. Civ. Code § 3426.3(b)).
  • If the misappropriation was “willful and malicious” (i.e. intentional and with the intent to do harm), then the plaintiff can potentially recover damages up to twice the award under Cal. Civ. Code § 3426.3(a) or Cal. Civ. Code § 3426.3(b) (see Cal. Civ. Code § 3426.3(c)).

As with any type of contract or written agreement, the use of generic boilerplate documents is a recipe for legal and financial disaster. The importance of drafting unique, customized NDAs with assistance from an experienced business lawyer cannot be overstated.  Businesses have maximum protection when they have NDAs which account for specific details and conditions unique to their business.  Using a clear, comprehensive, and tailored agreements drastically reduces the chance that the contract will be breached or found to be unenforceable in future.

Employers are urged to steer clear of the numerous generic templates available for download from the internet. NDA templates are often overbroad, unenforceable, and include non-compete clauses which violate California law. The breach of contract attorneys of Bellatrix PC have years of experience representing a broad spectrum of entities in the preparation and defense of business contracts like non-disclosure agreements and covenants not to compete. Whether you simply need assistance drafting or reviewing new or existing NDAs, or you need aggressive legal representation from a commercial litigation attorney, our team is ready to help yours

To talk more about how we can help you meet your goals and resolve your disputes, call Bellatrix PC right away at (800) 449-8992.

I Want To Start My Own Business. What Should I Do First?

Helping you make decisions.Congratulations on deciding to start a business! It’s is an exciting but overwhelming time for most people.

Starting a business and becoming an entrepreneur is a lot like drinking water from a fire hose. There is much to learn about effectively bringing a product to market (whether it is a good or service) or running a profitable retail store or restaurant. Marketing alone is a massive topic!

And while I believe that “sales cures all” is a good maxim, I would probably revise it to: “sales cures most.” Having lots of money to throw at problems can get you through a lot, surely. But sometimes making a lot of sales won’t cure operational, regulatory or legal problems, no matter how much money you make.

In fact, making sales that you can’t deliver on will kill your business. And if you fail to comply with legal requirements, not only can you be sued or fined into oblivion, but the government or courts can actually shut you down!

So where do you start? Before getting to the fun ideas of product and marketing, do a little operational planning:

I don’t think you have to plan everything perfectly. Action is just as important as planning — perhaps more important. But planning should be done.

We have written an ebook that you might find useful. Click here to get a copy of How to Start a Business… Legally: A Quick and Easy Checklist.

Video Transcript:

I want to start my own business. What should I do first?

When starting your own business, the first thing you should do is plan what you want your company to look like. Where will it operate? Will you have employees? How will you conduct services? Then decide if you want to incorporate before doing anything else, so you don’t have to do any of your paperwork twice. Next, legally form your business and sign up for all your tax numbers, licenses and permits. There are more taxes than just income taxes: there are payroll taxes, self-employment taxes, sales and use taxes, excise taxes, property taxes, corporate franchise taxes, vehicle and equipment registrations, licensing and permitting, and various local taxes. Finally, make sure you have separate bank accounts and bookkeeping set up for your business. Got more questions? Visit us at bellatrixlaw.com to sign up for our free e-course “Starting a Business: 5 Things A Lawyer Will Charge You $500 To Tell You”.

You can see this video and more on Alicia Dearn’s YouTube channel.

Why Do 80% of Businesses Fail In Their First Year?

rows of silouhettes of diverse peopleEric is really angry. Less than a year ago, he started a business with four guys he knew from friends of friends. They shared the dream of opening a sports bar dedicated to soccer that would serve international beer and bar food.

They found the perfect spot and signed a lease. Eric personally guarateed the lease and put $30,000 down for a deposit. He paid for all the kitchen equipment and hired a contractor to bring the building to code.

His partners (they were all equal according to the one page document he typed up) chipped in for a little while. One brought in some TVs. Another bought some beer and tended bar sometimes. Another pitched in a few thousand dollars to buy some advertising to announce their grand opening.

After a month, the first partner was run out by Eric after taking cash from the till. He never came back.

Then one of the partners got sued for pinching the waitresses. Eric became embroiled because they were not a registered partnership or corporation.

Six months in, Eric ran out of savings before the bar started turning a profit and he got behind on rent. He asked the third partner for money. Instead, the third partner took all the TVs and left.

The waitresses quit because they were paid late. There was no cash for food or beer. And the landlord said that Eric was personally responsible for the five year lease — a debt of $250,000 at least.

After a few more months of barely scraping buy, Eric closes the doors to his dream bar. And the landlord sues.

Although this is a fictional story, I get a call from someone like Eric at least once a month. The details vary, of course. But the story is more or less the same: an erstwhile entrepreneur gets burned by less-than-honest partners or landlords and now has major problems. He’s broke, depressed and ruined.

It’s a really depressing story for an optimistic entrepreneur like me. But sadly, 80% of businesses fail within their first year. And the blow up is usually spectacularly devasting for an owner like Eric.

I am CONVINCED that many businesses would not fail if they had simply started off right. New business owners make a lot of the same mistakes that lead to failure. These include:

  • Not organizing legally, following ALL the steps necessary (e.g. just filing an LLC is not good enough)
  • Failing to keep professional accounting records from Day 1 and getting into tax problems
  • Not having good contracts with business partners and investors (this is one of the biggest mistakes)
  • Getting stuck in a bad commercial lease
  • Not having adequate resources to deal with all the things a new business must do because of lack of planning or education, which destroys cash flow because of constant traps and problems
  • Failing to follow good employment and pay practices from Day 1
  • Underestimating what starting and running a successful business takes

Eric didn’t call me before starting his business. If he had, I would’ve given him my ebook, How to Start A Business… Legally: A Quick and Easy Checklist.

I cannot stress this enough. Getting set up right and under the guidance of someone who has started or help start many businesses will save you thousands of dolalrs and help prevent failure.

Someone like Eric spends $100,000 to open his bar, only to crash and burn in just a few months. Now he’s liable for another $250,000 just with a broken lease…. There are still employee liabilities and taxes to deal with (and that’s if the partners all just disappear). His legal fees with me are going to be a minimum of $50,000. Alternatively, he will bankrupt and lose everything.

In a more perfect universe, Eric would have come to me a year ago. He would have hired me for between $5000 and $18000 and I would’ve helped him set up everything and given him the benefit of my years experience in business start ups.

He would’ve avoided the bad partners, the bad lease, the sexual harassment lawsuit and the waitresses quitting.

He also would have been on track to avoid the plethora of other problems that come from starting a business.

And then his $100,000 investment would not have been such a hopeless risk!

If I practiced law just for money, I would rather have people like Eric pay me $50,000 or more to pick up the broken pieces of their dreams and help them move on.

But I’d rather more small businesses be successful. And the odds of that are much improved when you invest in the foundation when you start up.

Either way, you’ll be calling me.

Sarbanes-Oxley Attorney

SARBANES-OXLEY

In 2002, Congress passed a law known as the Sarbanes-Oxley Act, or SOX.  SOX applies to both publicly- and privately-held companies, and imposes a rigid list of corporate best practices in an effort to deter acts of fraud. Companies who violate these standards risk exposure to a long list of civil and criminal penalties, as well as investment and loan denials.  In short, failure to adhere to the provisions supplied by SOX presents allegedly non-compliant corporations with a battery of devastating legal and financial problems.

Whether your business needs experienced legal representation to challenge claims of non-compliance, or you are simply unsure whether your current practices align with SOX best practices and would like a closer review of your policies, the knowledgeable employment attorneys of Bellatrix PC are here to help.  Our business risk review will identify and improve upon vulnerable areas in your employment and record-keeping policies to better protect you against legal claims in the future.  If your organization has already been targeted by a lawsuit, our aggressive commercial litigation lawyers will prepare tactical defense strategies to protect your company’s best interests.

To arrange for a private legal consultation, call Bellatrix PC right away at (800) 889-8376.

Evidence

What is Sarbanes-Oxley in Employment Law?

In response to the controversial and heavily publicized Enron and WorldCom bankruptcies, Congress passed the Sarbanes-Oxley Act into law in July of 2002.  This act, which was quickly nicknamed “SOX,” is also known as the Public Company Accounting Reform and Investor Protection Act, or the Corporate and Auditing Accountability and Responsibility Act.  These names provide a good idea of SOX’s general purpose.

The act has two primary objectives:

  • To deter and punish corporate fraud, accounting fraud, and acts of corruption among corporate executives.
  • To protect whistleblowers in whistleblower lawsuits, making the destruction of evidence and impeding federal civil investigations a crime.

It is crucially important for business owners to know that, contrary to common misconceptions, this act applies to privately held companies — not just publicly-traded companies.  This means private companies may not destroy evidence or interfere with federal civil investigations by agencies such as OSHA, the EEOC, or the IRS, which implicates employment law.  SOX also imposes specific restrictions on private placement securities solicitations, which is particularly important if you or your organization is raising capital from investors.  Private companies must demonstrate full compliance with SOX before going public.

Sarbanes-Oxley also establishes corporate “best practices,” which include:

  • Maintaining and archiving corporate records and email.
  • Maintaining audit-worthy financial records.
  • Maintaining legally sound corporate records.
  • Establishing business policies and codes of ethics.
  • Monitoring conflicts of interest.
  • Establishing independent directors on the Board of Directors where appropriate.

Civil and Criminal Penalties for Violating SOX Best Practices

It is critically important for employers and business owners to note that the best practices delineated by Sarbanes-Oxley are not merely recommendations.  On the contrary, failure to comply can result in a variety of debilitating civil and even criminal penalties being imposed on non-compliant companies.  For example, depending on the severity of the offense, a maximum prison sentence can range from 20 to 25 years: nearly three decades of incarceration.

It is also important to remember that, in addition to the formal civil and/or criminal penalties imposed by judges or regulatory agencies, organizations which fail to comply with SOX best practices are often highly unappealing to lenders, venture capitalists, and other investors.  If your company’s practices are deemed to be unethical, unsound, or otherwise fall short of the act’s requirements, the likely result is the denial of a loan or investment, or ongoing investor disputes.  In other words, the negative financial consequences of non-compliance extend far beyond fines and penalties imposed by the government: they extend to your business opportunities and daily operations as well.

Finally, because SOX provides whistleblower protection provisions, a whistleblower whose rights are violated may seek special damages, back pay, reinstatement, and attorneys’ fees.

Contact Our Business Attorneys

SOX convictions can devastate even the most stable and robust of corporations.  If you are at all concerned that your current employment or accounting practices are not in alignment with SOX provisions, it is absolutely crucial that you take immediate action to address the issue now before it is already too late. Failure to resolve legitimate concerns at the outset only increases the likelihood that costly, disruptive, and time-consuming litigation will arise in the future, draining your financial resources and damaging your organization’s reputation as a trustworthy and ethical business.

Let our team help yours.  To start discussing your organization’s legal situation in a completely private consultation, call the experienced Sarbanes-Oxley lawyers of Bellatrix PC at (800) 889-8376 today.

If My Employee Criticized My Business On Social Media, Can I Fire Her?

It's a common reaction. An employee bad-mouths you and your business on Facebook. So you fire her. Before the time of social media (and the internet), I was in college. I also worked a job after school where I had a boss who was a strange, quirky person. I did a good...

Do Employers Have to Accommodate Employees Who Object to Serving Gay Customers Based on Religious Beliefs?

So I have a heavy topic for you today: Do employers have to accommodate employees who object to serving gay customers based on religious beliefs? Pretend that you own a bakery. You have an employee who sincerely objects against gay marriage for religious reasons. Your...