What is a Franchise Agreement?
A franchise agreement is a binding contract between a franchisor and a franchisee. This document outlines in detail the terms of running a franchise business and therefore defines the franchisor/franchisee relationship. Some agreements are quite complex in their wording, and you should consult an attorney before signing one. Within a franchise agreement, the franchisee is […]
Non-Competition Agreement in Franchisor-Franchisee Disputes
According to North Carolina law, non-competition agreements contained in an employment contract are “more closely scrutinized than” those contained in a contract for the sale of a business. However, there is some question as to whether a franchise non-compete is similar to an employer-employee non-compete or a business acquisition non-compete. Recently, the North Carolina Court […]
Individual Business Owner Liability — Raleigh Business Litigation Lawyer
Business owners in North Carolina generally have some awareness of the importance in observing corporate formalities in order to avoid being subjected to individual liability for any debts or liabilities of the company. A failure to exercise corporate formalities or to keep the business separate can subject the owner of the business to a “piercing […]
Terminations Following Complaints to Supervisors – NC Overtime Attorneys
Recently, Federal Courts have determined that terminations following internal complaints (to supervisors or others) regarding overtime or minimum wage, as long as the internal complaints were sufficiently clear and detailed, are protected under federal law. The Complaints can be oral or in writing and do not have to be filed with a local Department of […]
Unemployment Benefits Attorney for Small Businesses
For business owners who have elected to terminate an employee, and that employee files for unemployment, there is often some concern about the impact on their business if unemployment benefits are charged to the company account with the Division of Employment Security (formerly the Employment Security Commission). If you have received an appeal from the […]
North Carolina Overtime Attorneys
Often, employers do not pay their employees all wages they are entitled to receive, such as overtime pay as governed by the North Carolina Wage and Hour Act and the federal Fair Labor Standards Act. Employees working more than 40 hours per week must be paid time and one-half of their regular pay, unless specifically […]
Which Business Entity is Right for Your Raleigh Company?
Choosing the right business entity is an important step in starting or growing a company. The choice of one over another can affect liability exposure, taxation rates, management choices, and financing opportunities. Oftentimes, there is no clear choice. Moreover, when a business changes or evolves over time, it may need to modify the selected entity. […]
North Carolina Third Party Employment Injury Lawyers | Workers Compensation Liens under NCGS 97-10.2
When an employee is injured at work, he or she typically has a right to file a workers compensation claim with the North Carolina Industrial Commission. If, however, the injury was caused by the negligence of a third party, the employee may also file a lawsuit against that third party. If the employee receives a […]
Raleigh Non-Compete, Non-Solicitation, Trade Secret Business Litigation
Business clients often come to the firm seeking to enforce non-compete provisions or non-solicitation provisions located in employment contracts or employee handbooks. However, many of our small business clients are unaware of the implications associated with an ex-employee bringing proprietary trade secrets to a competitor after leaving the company. Businesses who have hired an employee […]
North Carolina Civil Conversion Claim Attorney
North Carolina law provides a number of civil claims that entitle a plaintiff to sue a party that has acted wrongfully. Among the more common and understandable claims is conversion, which is essentially a civil claim for theft or stealing. The North Carolina Supreme Court in the recent case Variety Wholesalers, Inc. v. Salem Logistics […]