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| GENERAL COUNSEL: |
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| Whether you have quick question or need to avert a crisis, McKellar Roskind is only a phone call away. We strive to give your business the edge it needs to move forward in today’s corporate environment. Take the guess work out of protecting your business – we can help |
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| ENTITY SELECTION & FORMATION: |
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| The following questions, among others, need to be answered in order to select the proper business entity: what type of business, what product or service will it sell, who will its competitors be, what is the best & worst case financial performance, will the number of owners increase or decrease, number of owners, need for liability protection, and tax implications. |
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| There are four types of business entities used in Tennessee which create varying amounts of liability protection: Corporations (C-Corp. and S-Corp); Limited Liability Companies (LLC), Limited Partnerships (LP) and Limited Liability Partnerships (LLP and PLLC). Although Tennessee offers additional entity formations, such as sole proprietors, “doing business as” or d/b/a, and General Partnerships, these offer little to no protection from liability. |
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| Each entity offers varying degrees of liability protection and management style and is formed in distinct ways. In other words, you have options. We help you determine which one fits best with your business plan. |
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| ORGANIZATIONAL DOCUMENTS: |
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| Each entity is formed by filing certain documents with the Secretary of State in the state you anticipate forming your business. Whether you need a Charter or Articles of Organization, we can prepare and file the necessary paperwork. |
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| MANAGEMENT AGREEMENTS: |
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| All too often businesses are opened without having a clear understanding of the rights, duties, and obligations of its shareholders, members, officers, board of directors, or partners. Your business will only be stronger when everyone knows and understands their role in the company. |
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| EMPLOYEE AGREEMENTS: |
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| Protect your company and its sensitive information. As employees move from one company to another, you risk losing valuable information. You can protect your company’s confidential and secret information, such as client lists, marketing strategies, and research and design data. You can stop the transmission of vital corporate information by having your employees sign contracts when they begin working for your business. In essence, you offer them employment, and they agree not to disclose protected information |
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| NON-COMPETE AGREEMENTS: |
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| All too often employees will seek to take advantage of the skills and information you gave them by working in direct competition with your company. Gone are the days when employees start and retire from the same business. Non-compete agreements may prevent former employees from competing against you. |
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| CONTRACT DRAFTING & REVIEW: |
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| Whether you ask us to draft employee contracts or sales agreements or to review a contract you may enter into, McKellar Roskind seeks to limit your liability and potential exposure while increasing your bargaining power and position. Once signed, contracts are normally reviewed only when a problem arises – that’s too late. A failure to properly negotiate the terms of contract signed today means potential trouble in the future. |
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| Employee contracts can protect your company when a competitor attempts to lure away your top employee or when an employee leaves on bad terms. Contracts also protect your company when buying or selling goods and services. If you’re not ensuring that your business’s rights are being protected, then who is? |
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| If you’re company is having a problem with past due accounts, your contracts may be to blame. If your competitors seem to get results a little quicker than you, your contracts may be to blame. If you are traveling back and forth between counties and/or states to resolve a dispute, your contracts may be to blame. We can correct these problems. |
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| EMPLOYEE HANDBOOKS: |
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| A great source of information for your employees is an employee handbook. In its simplest form, an employee handbook is designed to let your employees know about their job and what is expected from them – the company rules. A handbook informs your employees as to the following items, among others: job responsibilities, acceptable behavior among and between employees and management, and how to report inappropriate behavior. Your employees should never respond with “I didn’t know.” |
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| EMPLOYEE TERMINATION PROCEDURES: |
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| One of the most stressful parts of any manager or supervisor’s job is firing an employee. Your business should incorporate a plan that is followed every time an employee is terminated. By sticking to an approved and efficient plan, your business lessens the risk of retaliation. Although former employees may make claims against your company, you are in a better legal position to defend these frivolous matters if each termination is well documented. |
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| EMPLOYEE EVALUATION PROCEDURES: |
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| Employee evaluations should meet three important goals: (1) help the business determine which employees are truly the top performers; (2) to let employees know what areas need improvement and then to track that improvement; and (3) help defend retaliation suits from disgruntled former employees. |
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| UNEMPLOYMENT BENEFITS REPRESENTATION: |
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| In Tennessee, terminated employees are presumed eligible for unemployment benefits. All too often these former employees end up receiving unemployment benefits based on their version as to why they’re unemployed. As a result, your business may be paying higher yearly premiums based on the number of former employees receiving this state aid. We represent businesses in unemployment hearings against former employees. By properly evaluating your employees and counseling them on areas of improvement, your company has a better chance of winning these administrative hearings. |
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| COLLECTIONS: |
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| No business can survive when clients don’t pay. McKellar Roskind reviews your contracts to make sure you’re properly protected when and if your client fails to pay its bill. Although many collection matters may be resolved without resorting to litigation, we will seek to recover what you’re owed in the most efficient, cost-effective manner. |
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| TAX LIABILITY RESOLUTION: |
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| For more information, please review the information under Tax Resolution. |
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| NEGOTIATIONS & DISPUTE RESOLUTION: |
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| As nearly 90% of all cases are resolved without a trial, you need experienced negotiators to resolve the complex and simple issues. Regardless of the dispute, McKellar Roskind seeks to resolve all matters in the most effective and efficient means possible. Litigation is time consuming and potentially expensive – there are other alternatives – we will find them. |
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| PROSECUTING COMPANY CLAIMS: |
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| Sometimes filing a lawsuit is the only remaining alternative. The attorneys and staff of McKellar Roskind explain the litigation process in straight forward language; you’ll know what to expect and will be kept up to date. By properly explaining the litigation process, you can better help yourself and your company. By being knowledgeable, confident, and prepared we can remove some of the guessing, stress, and surprise of trials. |
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| DEFENSE LITIGATION |
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| When and if the time comes to defend your business, you need someone who believes in you and your company – someone you trust with your company. Whether the issue is an unemployment hearing, discrimination claim, or breach of contract, you need knowledge and experience on your side. By working together, we can solve problems and get you, your staff, and your business moving forward. |
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| WHITE COLLAR CRIMINAL DEFENSE |
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| Whether you’ve been charged, targeted, investigated, or if someone shows up with a search warrant – you need a firm and lawyers dedicated to protecting your Constitutional rights. White collar crime prosecution is on the rise nationally and locally. The feds are looking to lock people up as examples of corporate corruption. This post-Enron era is a serious one, and you need serious representation knowledgeable of the federal criminal justice system. Your life, liberty and pursuit of happiness may be jeopardized – forever. McKellar Roskind dedicates itself to protecting you, your family, and your business. |
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