Category Archives: Small Business Advice

Considerations for Non-Compete Agreements

One aspect of dealing with creative and service-based industries, as I often do, is that many employers have a non-compete agreement for their employees. I understand the desire and sometimes the need for the agreement. But as a class of agreements, non-compete agreements are among the most abused of contracts. The parties’ bargaining positions are inherently unequal, there is little opportunity to change or negotiate the terms, and frankly most, perhaps all, non-competes are not read by the employee before signing. If you have a business that needs non-compete agreements, make sure you have a good one.

Good Faith & Fail Dealing

One of the first classes that law students take when they begin law school is Contracts. It is a standard first-year course that provides the background and basics for the study of private law. The course is important to learn about how contracts are interpreted by lawyers and judges, the basic rules of contract construction,… Continue Reading

Office Romance in the #MeToo Era

Since the explosion of accusations against people like Harvey Weinstein, Matt Lauer, and so many others, famous and not famous. Workplace sexual harassment and certainly sexual abuse are illegal and should be addressed with all of the legal and human resources tools available. But let’s not kid ourselves, we spend a lot of our waking… Continue Reading

Dress Codes & Discrimination

Dress codes. It’s safe to say nobody likes them, but we cannot ignore them. In the past few years, office dress codes have received more spotlight in the news. Companies are being accused of discriminatory dress code policies. Some companies are choosing to modernize their outdated policies and others look at their dress codes as… Continue Reading