BUSINESS / CONTRACTS
Practice of Law — Business and Contracts
Hanover Law offers support in contract negotiations, review, and drafting for both federal government and non-government related bids and negotiations. This includes RFP’s, RFQ’s, partnering agreements, and contest memos. We also offer support in drafting business-to-business as well as vigorously pursuing breach of contract litigation.
We advise clients on the best business structure, and help companies move between structures as needed. When disputes regarding shares, operating agreements, and corporate governance arise, Hanover Law should be your first choice for sound legal counsel.
ENSURE YOUR INTERESTS ARE PROTECTED
Let our experienced counsel ensure your interests are secured and protected. Our lawyers have helped clients in drafting and negotiating contracts with substantial experience representing both plaintiffs and defendants in contract disputes. Our thorough, meticulous business legal service areas cover:
- Asset Purchasesale Agreements
- Joint Ventures Agreements
- Partnership Agreements
- Confidentiality Agreements
- Licensing Agreements
- Premises And Equipment Leases
- Distribution Agreements
- M&A Contracts
- Professional Services Contract
- Employment Contracts
- Non-Compete Non-Disclosure
- Shareholder Agreements
- Franchise Agreements
- Operating Agreements
Employment Severance Agreements
Severance agreements have multiple components — some of the most important questions and concerns include:
- 1. What is a severance agreement?
Severance agreements, or separation agreements, are contracts that control the dissolution of employment between the two parties involved. They contain the terms that will direct your demeanor when leaving your job, and what you may expect in return. Typically the employee will agree not to engage in measures to obtain claims against the company, or will not injure the reputation of the company. In exchange, the company will compensate the employee with benefits or monetary value.
- 2. Who is entilted to severance agreements?
Employers are not required by law to provide any severance when terminating an employee. Generally it is offered when potential claims by the employee may exist against the company, and they are looking to avoid legal action. In some situations, though, the company may have a severance plan in place that is established that could require the employer to offer a severance package upon termination.
- 3. If I take the severance agreement what could I be giving up?
If you will be expected to give something up, the offer must be more that what you would otherwise be entilted to. Your wages, commissions, and vacation pay that you have already earned are not enough. For the severance agreement to be valid whatever is being asked of you must be communicated clearly in the agreement. The terms may include: agreeing not to bring any claims against the employer for wages that are in dispute, for discrimination or other wrongful termination; cooperation with the employer in future matters; or actions that may negatively impact the company; and restrictive covenants preventing you from competing with the company.
- 4. Could a severance agreement affect my unemployment benefits?
If the severance includes payment for wages that cover a particular time frame, you would need to wait until that period is over before applying for unemployment.
- 5. How to evaulate if a severance agreement is right for me?
Hanover Law, PC will help you evaluate and negotiate the terms of the severance agreement which will benefit you greatly in this decision. Your employer must provide you with time to discuss the agreement and review the issues with a lawyer before you sign the agreement. While this is a very stressful time and you may want to “take the money and move on” you need to carefully weight all of your options first. Hanover Law,PC can identify the possible claims, and evaluate the success of these claims and what they could be worth. Also, any restrictions on your future employment, and what you are allowed to discuss about this employer need to be reviewed carefully to ensure you are being compensated properly under the severance agreement.
Essentials of Making a Business Contract:
What is a Business Contract?
A business contract is a legally binding agreement between two or more parties for the exchange of goods or services (including payment). To qualify as a contract (also known as a “bargain”), there must be an offer by one of the parties, and an acceptance by the other.
In business dealings, using a business contract will help ensure an agreement is acted on, insofar as a broken contract can result in a lawsuit or out-of-court settlement and the payment of damages caused by the breach. In order to avoid potential litigation and negotiate the best terms for your business, contact Hanover Law to prepare and/or review your contract documents.
When to Use Business Contracts:
Providing services or goods
Leases and real estate
Selling your business
Oral Business Contracts: An oral contract for goods or services can be as valid as a written contract. Oral contracts are legally enforceable; however, they are subject to misinterpretation and can be difficult to prove in court. It is always best to have a written legal contract when conducting business transactions.
Written Business Contracts: A written business contract is easier to uphold in court. Contracts should have the terms between the parties written out in a clear and concise manner. This will minimizie the possibility of argument between the parties involved. Whether your business is big or small, providing goods or services, you should consider using a written business contract to protect your interests. Contact Hanover Law for assistance with all of you contract needs.