Originally posted 2012-02-21 09:00:58. Republished by Blog Post Promoter
We know that in Virginia, the parties to a contract are bound to the terms of that contract. We also know that Virginia courts look to the terms of that contract to determine each party’s rights and obligations. But what is a “contract?” This blog post looks at a recent Virginia Supreme Court case that gives a little guidance to answer that question.
Originally posted 2011-10-18 08:45:32. Republished by Blog Post Promoter
In the Greater Williamsburg area, many small businesses face seasonal layoffs when the summer tourism season ends. For small businesses, these layoffs lead to questions regarding unemployment compensation. In this blog post, we will discuss the issue of when an employer can be liable for the unemployment compensation for a terminated employee.
Generally speaking, an employee terminated by you may be otherwise eligible for unemployment benefits, chargeable to your company if:
- you were the last employer for the employee, and
- that employee worked at least 30 days or 240 hours, and
- that employee was not terminated for cause.
The basic qualifications for unemployment compensation are:
- The employee must have been employed and earned a certain amount of wages. The Virginia Employment Commission publishes requirements for wages earned or time worked during an established period of time referred to as a “base period.”
- The employee must be determined to be unemployed through no fault of their own. An employee terminated for cause is not eligible for unemployment.
Once you have been determined to be the “employer” liable for unemployment compensation, you are responsible for all the benefits payable to that former employee. Unless extended benefits have been approved, the maximum benefit is 26 times the weekly benefits payable to the employee.
The weekly benefits are found in a table at Virginia Code § 60.1-602. This table is regularly updated, it tells you how much a person would receive per week in unemployment, based upon the amount they made when employed. For example, if a person made $6,300 in the prior twelve weeks when employed, he would receive $125 per week in unemployment, and a total of $3,250, if he were employed for the entire 26-week period.
The possibility of being liable for unemployment compensation worries many small business owners. Discuss the issue with your business attorney so that you can plan properly for your employment needs.
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Originally posted 2010-06-18 12:30:24. Republished by Blog Post Promoter
Though the majority of businesses in the United States are sole proprietorships, those of you who read an earlier post know that I recommend, for a myriad of good reasons, that an entity of some kind be placed between a person doing business and the rest of the world. Find an experienced business attorney to help establish your business entity.
In this post, I address briefly the general partnership form of business entity, the only form I consider more dangerous to the financial health of an individual than the sole proprietorship. Why, you ask? Because with the sole proprietorship, the sole proprietor is personally liable for the acts of the sole proprietor, the business and the business employees. In the general partnership, the partners are personally liable for the acts of the business, the employees and each other. What partners do can be fairly unpredictable, like contracting to purchase or lease things that cannot possibly be paid for out of the profits of the business, or like contracting to do that which cannot possibly be done profitably.
Originally posted 2011-01-20 08:30:43. Republished by Blog Post Promoter
Well, we have written about protecting the attorney-client privilege and about safe emailing tips when emailing your attorney. Although we thought we had it pretty well covered, a recent decision from a California appellate has given us something more to think about.
Continue reading “Using your business’ computer to email your attorney may be a bad idea”
Originally posted 2011-03-15 09:00:12. Republished by Blog Post Promoter
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There are many questions to ask and many issues to resolve when you decide to start your Virginia business entity. The time to ask those questions and resolve those issues is before you enter into your business agreement.
Neal’s 3-minute slideshow presentation gives an a brief primer on the forms of entities that are available and questions to start your dialog with your business attorney and business partners. This slideshow combines basic information with more advanced concepts for the more experienced entrepreneur.
Tarley Robinson, PLC, Attorneys and Counsellors at Law
Originally posted 2012-06-26 08:00:43. Republished by Blog Post Promoter
Many times, parties enter into informal loan agreements on a simple oral promise to “pay it back.” Similarly, others will enter into oral agreements to perform residential construction projects, or other types of projects. When things do not go as expected and the promises are of a value worth litigating over (or one of the parties to the promise thinks they are) things can go swiftly downhill.
Originally posted 2013-02-11 10:29:57. Republished by Blog Post Promoter
Sometimes commercial tenants, unable to stay current with their lease obligations, decide to close up shop and abandon their leased premises. In those circumstances, commercial landlords need to know their options. This blog post discusses a commercial landlord’s options when a commercial tenant abandons its lease.
Originally posted 2012-06-12 08:00:09. Republished by Blog Post PromoterOur Summer Associate for 2012 is Scott Foster, a rising second-year law student at the William & Mary Law School. Weeks before his undergraduate graduation from William & Mary, Scott became the first person ever elected to the Williamsburg City Council, while still a William & Mary student. Scott still serves on the City Council while attending law school and working for us. This blog post is Scott’s first for our firm.
While growing up in western Virginia, one of my favorite restaurants was in a converted train depot. On several occasions my parents walked me through the tobacco warehouses in Farmville, Virginia filled with fine furniture and rugs. There was even a bed and breakfast nearby with rooms in a grain silo. Although I did not realize it at the time, these businesses were examples of “adaptive reuse.”
Originally posted 2010-11-15 10:50:28. Republished by Blog Post Promoter
Frequently, budding entrepreneurs merely evolve into business without giving it the upfront thought the transition deserves. They become what are usually known as “sole proprietors” operating “sole proprietorships,” or one-man/woman businesses.
Originally posted 2010-12-27 10:49:33. Republished by Blog Post Promoter
Raising money or obtaining other property for investment purposes from whatever source in Virginia, including from family and friends, implicates state and federal law.
Some may have read about the recent action for fraud filed by Andrew Cuomo, the Attorney General of the State of New York, against Ernst & Young, LLP, one of the largest accounting firms in the United States. Some, noting that this action was not brought under the Securities Exchange Act of 1934, may have wondered from whence the Attorney General’s authority arose. Authority arose under the Martin Act, a New York law initially passed in 1921, and amended and codified in 1982 in Article 23-A of the New York General Business Law.
What is important for those in the Commonwealth of Virginia attempting to raise money or obtain other property for investment purposes is that Virginia has similar securities laws. Virginia’s Securities Act is codified in Title 13.1, Chapter 5, of the Code of Virginia. As with that of the State of New York, the reach of Virginia’s Securities Act differs from, and is more extensive than, that of the federal securities acts.