Hiring Employees and Contractors
By ensuring your hiring processes and agreements are legally sound, you can minimize disputes and lay a solid foundation for your team’s growth and development
The Entrepreneur Legal® Advantage
At Entrepreneur Legal®, our values guide every aspect of our service delivery:
- Commitment to Excellence: We provide top-tier legal services tailored to your business’s unique needs.
- Integrity and Transparency: Our approach is honest and straightforward, ensuring you understand every step of the process.
- Client-Centered Focus: Your business’s success is our priority. We build long-term relationships based on trust and mutual respect.
- Innovative Solutions: We stay ahead of legal trends to provide proactive and effective legal strategies.
- Global Perspective: Through our UK and US divisions, we offer a broad, international outlook that benefits clients with transatlantic interests.
Effectively Navigate The Legal Complexities of Building Your Team
Hiring the right employees and contractors is essential for business growth, but navigating the complexities of US federal and state employment laws can be daunting. At Entrepreneur Legal®, we guide you through each step—from drafting employment contracts to adhering to federal and state employment laws—ensuring a legally compliant and smooth hiring process.
Helping You Build an Effective Workforce
Start-ups: Legal Foundations
Set up legally compliant employment practices from the start to ensure your business is on a solid legal footing.
Growing Businesses: Expanding Team
Protect your business interests while expanding your team with up-to-date employment practices.
Large Corporations: Contractual Expertise
Benefit from expert advice when hiring contractors and managing complex contractual agreements.
HR Professionals: Compliance Support
Ensure full compliance with state and federal employment laws, reducing risks and avoiding potential disputes.
Why Choose Entrepreneur Legal®?
By providing excellent, accessible, timely and affordable legal services through both our UK division and US division, we simplify the process of setting up, managing, and dealing with, your business entity and/or business interests, regardless of whether you have, or plan to have, operations in multiple jurisdictions.
Expertise: We have assisted 100s of companies with headquarters in over 25 countries including the US, UK, France, Germany, Italy, Israel, Poland, Nigeria, Equatorial Guinea, and Brazil.
Transatlantic Advantage: Benefit from our unique cross-border experience – an invaluable resource to clients with interests in, or looking to establish interests in, both the UK and the US.
Focus on Both Entrepreneurs and Investors: We provide legal services and solutions to entrepreneurs, investors and SMEs in a broad range of industries.
Efficiency and Transparency: Expect timely, effective, and actionable legal solutions.
Repeat Business Focus: Our aim, from inception, has been to build strong and enduring client relationships, and that begins with excellent service.
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FAQs
The acts of hiring an employee and engaging a contractor (also known as an independent contractor or freelancer) have distinct legal implications and responsibilities. It’s important to understand these differences to ensure compliance with US federal and applicable state employment and tax laws.
In the United States, an employment contract is not always mandatory for every type of employment relationship, though requirements can vary from state to state. Unlike some other jurisdictions where formal written contracts are common and required, state laws in the U.S. generally follow an “at-will” employment doctrine, which means that employment relationships can be terminated by either the employer or the employee at any time, for any reason (with some exceptions) or no reason, as long as it’s not in violation of anti- discrimination or other applicable laws.
However, while not strictly mandatory, employment contracts can be used to establish the terms and conditions of the employment relationship, outline the responsibilities of both parties, and provide legal protection for both the employer and the employee. Employment contracts are more commonly used for executive-level positions, specialized roles, or in industries where specific terms, non-compete clauses, or confidentiality agreements are important.
Key points to consider regarding employment contracts in the U.S.:
- At-Will Employment: Most employment relationships in the U.S. are considered “at- will,” meaning that either party can terminate the employment relationship without notice or cause. In states without specific employment contracts, this doctrine often governs.
- Exceptions: While at-will employment is the default, there are exceptions based on federal and state laws. For example, there are protections against termination based on race, gender, age, disability, and other protected characteristics under federal anti- discrimination laws.
- Written Agreements: Even if not legally required, employers can choose to offer written employment contracts to outline the terms of employment, including compensation, benefits, job duties, and expectations.
- Offer Letters: In lieu of formal contracts, employers may provide offer letters detailing the terms of employment. These letters may not constitute a full contract, but they can still establish the initial terms of the employment relationship.
- Specific Situations: In some cases, employment contracts may be more common or even required. For instance, contracts are often used for independent contractors, temporary workers, or for employees in specific industries or roles.
- Local Laws: State laws can vary, and some states may have specific requirements or regulations related to employment contracts. It’s important to be aware of any relevant state laws where your business operates.
In summary, while employment contracts are not universally mandatory in the U.S., they can provide legal clarity and protection for both employers and employees. It’s a good practice to consult with legal counsel when creating employment contracts or offer letters to ensure they comply with relevant federal and state laws and effectively communicate the terms of the employment relationship.
Yes, we can assist in preparing comprehensive contractor agreements that protect your business interests and adhere to legal requirements.
We can assist in developing employment policies that align with the latest US federal and applicable state employment laws, including discrimination, harassment, health and safety, and more.
Yes, we offer ongoing legal advice to help you navigate any issues that may arise during the employment or contractor relationship.