Monday, January 3, 2011

It Depends

We were giving a presentation to entrepreneurs at the
University of Houston Small Business Development Center and questions kept coming up that Charles or Elyse or I could only answer “it depends.” I know that it must have been frustrating to our audience because it was frustrating to us. But the truth is that with the law, the best answer we can give on the spot is often “it depends.”

Application of the law – and especially labor and business law – depends on the specific facts of each scenario. How big is your business? How many employees does it have? What are the duties of your employees? Are your “employees” actually independent contractors? Are they exempt or nonexempt.

The fact-specific analysis needed to analyze YOUR situation means that there are probably no “one size fits all” solutions for your business and your employees. Without a face-to-face consult and time to discuss your concerns with you, we will most likely not be able to give you a definite answer.

Unfortunately, even after a consult, we may not be able to give you a definite answer. The law is in constant flux and what was a good and valid answer last year, may not be a good answer this year. Moreover, there just may not be a definite answer at this time. Some legal questions are only settled after someone takes a case to court.

Part of what you are bargaining for when you hire a business attorney is that we will keep constant with the law and thus be able to give you an answer for today and today’s issues. This means that we keep up with the cases, read the law journals and keep track of legal blogs and Twitter feeds.

Or as one of our associates says, “we read stuff so you don’t have to.”

Is that of value to you and your business? If you think so, give us a call.

Lee Keller King
The Vethan Law Firm, PC