Business Law
Naperville Employment Attorney Discusses How to Contest an Unemployment Claim
Posted on July 31, 2015
When you hire a staff to help your company meet your customers’ needs, you are primarily focused on the ability of your employees to get the job done. You expect them to be punctual, efficient, and productive while contributing to your company’s continued success. From time to time, you will likely see employees leave to pursue other opportunities. You will also probably need to terminate a member of your staff on occasion for non-compliance with company policies or poor production. In such a situation, your former employee may seek to […]
Know the Risks of a Personal Guarantee for Your Business Loan
Posted on July 22, 2015
For many small business owners, especially those who are just starting out, avenues for raising operating capital may be rather limited. If you are in such situation, you may have no choice but to apply for loan that requires you to offer a personal guarantee of its repayment. Over the years, many of my clients have come to me asking about the potential pitfalls of personally guaranteeing a loan, and while a personal guarantee business loan may be necessary, you should certainly understand what may be expected of you. Personal […]
Small Business Attorney Examines the Illinois Religious Freedom Restoration Act
Posted on April 1, 2015
The recent passage of the controversial Religious Freedom Restoration Act in Indiana has dominated headlines across the country, igniting fierce debate and harsh words from across the political spectrum. Many of my clients have been wondering if Illinois has passed or would consider passing similar legislation and how such a law would affect their rights as business owners. A large number are surprised to learn that Illinois, in fact, did pass a Religious Freedom Restoration Act (RFRA) in 1998, and while similar in some ways to the Indiana law, also […]
Flexible Service Levels Agreements: Fostering Trust and Commitment
Posted on December 16, 2014
Service level agreements, or SLAs, are contracts entered into by service providers and an end user—typically another business. Both large and small businesses utilize SLAs with service providers, though at least arguably it is the larger businesses who possess more bargaining power when contracting under SLAs. In addition, SLAs are out-based contracts that exist primarily to provide specifications about the levels/metrics of services that are expected to be received. However, SLAs do not define the actual service that will be provided or delivered. The typical metrics specified in SLAs include: […]
Resume Red Flags and Green Flags for Choosing the Right Employee
Posted on May 12, 2014
A well-crafted resume offers an employer a glimpse into the professional life of a potential new hire. A small business is only as good as the individuals it employs, and all small business owners must be careful to choose the right new employee. Our small business law attorneys at the the Gierach Law Firm have compiled this useful list of resume red flags and green flags in order to help you choose the perfect employee for the job. Resume Green Flags Resume green flags are those kernels of information contained […]
Understanding the Illinois Small Business Set Aside Program
Posted on April 21, 2014
Illinois’ Small Business Set-Aside Program (SBSP) exists to help small businesses in Illinois build their credibility and achieve higher revenues. Operated by the Chief Procurement Office, the program awards millions of dollars to small businesses in the supply and service industries each year. The state of Illinois has identified 120 procurement categories that have been set aside for small businesses registered with the SBSP. In addition to these, all awards by the state of less than $50,000 have been set aside for qualified small businesses. According to the State of […]
Transfer Restrictions for Closely Held Corporations
Posted on February 1, 2014
By Denice A. Gierach – May 13, 2010 Most people have investments that include stocks that are publically traded, with the New York Stock Exchange or the NASDAQ. It is expected that shareholders will from time to time trade their shares. There are such large numbers of stock issued by a particular corporation that usually no transfer even affects who controls the corporation. In a privately held company, usually the shareholders are the people who work the company and are corporate officers. Since the shares that can be issued are […]
Protecting Your Ownership of Employee-Created Intellectual Property
Posted on September 8, 2013
An employer might assume that any intellectual property created by an employee in connection with the employee’s job duties will automatically become the exclusive property of the employer. However, without taking the necessary measures to ensure this, that assumption could prove incorrect. Employee Inventions Where There Is NO Enforceable Assignment-of-Inventions Agreement. Often, in the absence of an assignment-of-inventions agreement, an employee presumptively owns any inventions that he or she creates that are entitled to protection under applicable trade-secret or patent law. This means that the employer may have no ownership […]
How Contract Law Affects Small Businesses
Posted on August 3, 2013
The last thing a small business owner wants to think about is what type of legal forms to use when entering in contractual agreements. Contracts take time to draft, they are complicated and very dry. Some business owners would like to have them drafted professionally, but they are worried about the price. A solid contract, however, is not only worth the cost of a qualified Illinois business attorney, but it will likely avoid any disputes down the road that can be very costly. Contracts that are drafted professionally are based […]
How the Law of Agency Affects Small Businesses
Posted on June 27, 2013
After setting up a business, a business owner must ensure that it operates efficiently and that it is protected from potential liability. Yes, every business, big and small, faces some level of potential liability. This is particularly tricky for small businesses that have limited resources. It is crucial for a small business owner to have adequate checks to minimize potential risks. “How these risks can come from a variety of sources. Take the conduct of an agent, for example. Under Illinois law, a business may be held liable for the […]
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Please note: These blogs have been created over a period of time and laws and information can change. For the most current information on a topic you are interested in please seek proper legal counsel.