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Legal Issues:
Recognizing small business
Business and the Law

Business and law are inseparable
Advantage of understanding legal system;
•
Help to less intimidated by attorneys and the law
•
Help to empowered owner
You need a good
Attorney

Four ways attorneys typically charge:
1.
Hourly Fees
2.
Flat fees
3.
Retainers
4.
Contigency fee
Choosing a Business
Name

Trade name

Assumed name

When selecting a trade name;
• Find one that is memorable and discriptive
• In picking a trade name is your own goals
Everything is
Negotiable

Four steps to structure a negotiation
1.
Prepare
2.
Position
3.
Propose
4.
Pounce
Legal Liabilities

The simplest form of liability is Direct liability.
Torts: Responsibility for
your actions and the Action
of your Employees

Vicarious (indirect) liability
If facing a Vicarious liability
• The actor is not an employee, but an independent contractor
• The actions were outside the scope of agency
Commonsense to avoid
torts

•
•
•
•

Develop a strong relationship with costumers
Try to develop client loyalty
Give personal service
Listen to yor costumers
The independent Contractor
Argument

Independent contractor
Characteristics of an Independent contractor:
• Behavioral
• Financial
• relational
Contracting

Several kinds of situation in which lawyer takes charge:
•
Standard contracts
•
Specialty contracts
•
Hold harmless agreements
Internet Issues in
Contracting

Business to Business (B2B)
- Suppliers of Raw materials & Wholesalers and Retailers

Business to Consumer (B2C)
- Small business to sell over the Internet
Other issues

•

How to handle contracts that are required to be in
writing to be enforceable.

•

How business handles e-mail
Human Resource Management:
Small Business Considerations
Attracting Employees

To attract and hire new talent into a medium to large growing
organization;
•
Help wanted ads in newspaper
•
The use of an employement service
•
Internet recruiting
•
Employee referral
Matching the Worker to
the Work
- Writing a job description
Covering the Following areas:
• The reason the job exist
• The mental or physical tasks involved
• How the job will be done
• The qualifications needed

- Evaluating Job Prospects

- Selecting the right person
Training Employees
To begin, you should first assess your small firm’s training
needs from the perspective of the business, the job
description and the needs of employees.
Initial and Ongoing
Training Methods
On-the-job training
• Techniques include orientation
• Job instraction training
• Apprenticeships
• Internships
Off-the-job training
• coaching
• Television conferences

•
•
•

Special study
discussions
Lectures
Three Guidelines for training

1. Give your employees oppurtunities to use their new skills

2. Make training an ongoing process
3. Think of training as an investment
Rewarding employees

To retain productive employees and increase their job
satisfaction and ask them what their needs are. Create
an environment that appeals to them.

Psychological contract
Five factors that are most
valuable to employees:

2. recognition

1. teamwork

3. Training
4. Empowerment

5. contribution
Compensation, Benefits
and Perks
1. Bonuses and Long term incentives
2. Health Insurances

3. Retirement Plans
4. Perks
Human Resource Issues in
the family Business
Nepotism
-selecting and promoting people
based on family ties
Meritocracy
- Selecting and promoting people
based solely on their being the
most capable employee
Good Human Resource
Practices For all Businesses
Key elements:

•

Transparent procedures with consistent application

•

Job Basics

•

Job Metrics

•

Lines of communication

•

Task repair

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Entreprenurial management

  • 2. Business and the Law Business and law are inseparable Advantage of understanding legal system; • Help to less intimidated by attorneys and the law • Help to empowered owner
  • 3. You need a good Attorney Four ways attorneys typically charge: 1. Hourly Fees 2. Flat fees 3. Retainers 4. Contigency fee
  • 4. Choosing a Business Name Trade name Assumed name When selecting a trade name; • Find one that is memorable and discriptive • In picking a trade name is your own goals
  • 5.
  • 6. Everything is Negotiable Four steps to structure a negotiation 1. Prepare 2. Position 3. Propose 4. Pounce
  • 7. Legal Liabilities The simplest form of liability is Direct liability.
  • 8. Torts: Responsibility for your actions and the Action of your Employees Vicarious (indirect) liability If facing a Vicarious liability • The actor is not an employee, but an independent contractor • The actions were outside the scope of agency
  • 9. Commonsense to avoid torts • • • • Develop a strong relationship with costumers Try to develop client loyalty Give personal service Listen to yor costumers
  • 10. The independent Contractor Argument Independent contractor Characteristics of an Independent contractor: • Behavioral • Financial • relational
  • 11. Contracting Several kinds of situation in which lawyer takes charge: • Standard contracts • Specialty contracts • Hold harmless agreements
  • 12. Internet Issues in Contracting Business to Business (B2B) - Suppliers of Raw materials & Wholesalers and Retailers Business to Consumer (B2C) - Small business to sell over the Internet
  • 13. Other issues • How to handle contracts that are required to be in writing to be enforceable. • How business handles e-mail
  • 14. Human Resource Management: Small Business Considerations
  • 15. Attracting Employees To attract and hire new talent into a medium to large growing organization; • Help wanted ads in newspaper • The use of an employement service • Internet recruiting • Employee referral
  • 16. Matching the Worker to the Work - Writing a job description Covering the Following areas: • The reason the job exist • The mental or physical tasks involved • How the job will be done • The qualifications needed - Evaluating Job Prospects - Selecting the right person
  • 17. Training Employees To begin, you should first assess your small firm’s training needs from the perspective of the business, the job description and the needs of employees.
  • 18. Initial and Ongoing Training Methods On-the-job training • Techniques include orientation • Job instraction training • Apprenticeships • Internships Off-the-job training • coaching • Television conferences • • • Special study discussions Lectures
  • 19. Three Guidelines for training 1. Give your employees oppurtunities to use their new skills 2. Make training an ongoing process 3. Think of training as an investment
  • 20. Rewarding employees To retain productive employees and increase their job satisfaction and ask them what their needs are. Create an environment that appeals to them. Psychological contract
  • 21. Five factors that are most valuable to employees: 2. recognition 1. teamwork 3. Training 4. Empowerment 5. contribution
  • 22. Compensation, Benefits and Perks 1. Bonuses and Long term incentives 2. Health Insurances 3. Retirement Plans 4. Perks
  • 23. Human Resource Issues in the family Business Nepotism -selecting and promoting people based on family ties Meritocracy - Selecting and promoting people based solely on their being the most capable employee
  • 24. Good Human Resource Practices For all Businesses Key elements: • Transparent procedures with consistent application • Job Basics • Job Metrics • Lines of communication • Task repair