Business Law Employment Offer Letters

Business Law Employment Offer Letters

Order ID	53563633773
Type	Essay
Writer Level	Masters
Style	APA
Sources/References	4
Perfect Number of Pages to Order	5-10 Pages

Description/Paper Instructions

Business Law Employment Offer Letters

Employment Offer Letters

One of the best ways to protect your business from legal liability and misunderstanding with an employee is to have an employment offer letter issued and sent

to the prospective employee. The employee should then be required to sign it, evidencing the scope of the employment relationship between the parties. A good

employment offer letter covers the following points:

Business Law Employment Offer Letters

• The particular job offers
• The responsibilities of the job
• The salary and the benefits
• That the employment is “at will,” meaning the employee can quit or the employer can terminate him or her at any time
• That the employee is required to sign a Confidentiality and Invention Assignment Agreement (discussed below)
• That the letter constitutes the entire agreement of the parties, and can only be amended in the future in writing, signed by the employer and the employee

Confidentiality and Invention Assignment Agreements

Employees have access to a company’s confidential information. Moreover, many businesses expect their employees to come up with ideas, products, business

strategies, and inventions.

Business Law Employment Offer Letters

Service Contracts If your company provides professional services as opposed to selling a product, it needs to have its own good, standard form Services Contract

(which can be labeled many things, including an Agreement for Professional Services). This type of agreement lays out the terms and conditions under which you

provide services and specifically spells out your responsibilities and liabilities. Gives you flexibility in completing the services, lists the fees for the job (and

additional fees if you encounter unforeseen circumstances), and sets limitations on your liability (such as limiting that liability to the amount of the services fee).

Sales Contracts Many businesses sell products and therefore need a good Sales Contract. The Sales Contract lays out the price, terms, and conditions for the

sale of goods, equipment, or other products. Of course, some businesses (like the corner grocery store) don’t need Sales Contracts, but if your products sell for

significant dollars, then you likely need a Sales Contract. The actual Sales Contract can take the form of the fine print on an order form or an invoice, or it can be

tailor-made for a particular sale. You always want to start with your own form of contract. The key terms in Sales Contracts include price, price adjustments in

certain events, responsibility for taxes, payment and credit terms, warranties to be given, disclaimers of various warranties, and liability limitations.

Confidentiality Agreements Numerous instances arise in which you want to share confidential or proprietary information with another party. You may want to

show the information to get them interested in doing a deal with you, investing in your company, or working together on some strategic arrangement. Producing

an agreement to prevent the other side from stealing or using your ideas is very important in these situations.

Web Site Terms of Use Agreement

Most growing businesses have established (or should establish) a Web site to market their company and their products. Essential to these Web sites is a Terms

of Use Agreement, which is intended to be a contract between the Web site owner and the users of the site and any purchasers of goods or services from the site.

A good Terms of Use Agreement is essential for avoiding legal liability to the site owner.

Leases

A business lease for office or retail space is often one of the most significant contracts for a business. The starting place for most lease negotiations is the landlord’s alleged “standard” lease, which tends to be incredibly one-sided in favor of the landlord. Because the lease can constitute a major commitment for the business, you have to watch out for all the “gotchas.”

Loan Agreements

Many businesses enter Loan Agreements with banks or financial institutions and simply sign the lender’s “standard” form. The standard form tends to be very one-sided in favor of the lender, with various restrictions on the borrower. The borrower under a Loan Agreement needs to fully understand (and negotiate better terms than those contained in the standard form) a number of key issues, including the following:

• The total cost of the loan
• The payment schedules
• The right to prepay the loan without penalty
• The flexibility on the use of the loan proceeds
• The right to cure defaults
• The appropriate representations and warranties of the borrower
• The covenants that can trigger a default

Respond to the questions below, select the Forum link, then click on Create Thread and type in your posting. To respond to a minimum of 2 classmates, first, click on one of their postings, read it, and then select REPLY. Please type your NAME in the Subject field.

1. What next information did you learn from this article that will be useful to you in the type of business that you work in currently or plan to work in?
2. What other types of contracts exist that were not included in this article that you have seen or know exist and what are they used for?
3. I have used “Legalzoom.com” to purchase contracts to use in business. I have known some business owners who don’t want to pay a lawyer $500 + an hour to draft contracts when starting a business and contract business without them for years. There are many risks you will make running a business or being a business owner. In your business what decision would you make regarding using contracts? Explain why?
4. Many times I have done business transactions with other businesses and customers which involved contracts. There are times when I read contracts and read the “fine print” I am unable to understand much of the legal words and jargon but I sign anyway. Some contracts are so long and detailed that it would take hours just to review. Have you experienced this? Discuss an example of an occasion you lived. Talk about what type of contract it was, how where you were involved and what did you do to understand or explain the contract to another party?
5. When a contract is not involved in a sale transaction it is considered an “as is sale.” Sometimes sales are conducted with no recourse for closeout merchandise stated as “all sales final.” These types of transactions can be good or bad for the seller and the buyer. How would you explain this, include reasons and examples to support your views and defend them?
6. Business Law Employment Offer Letters

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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Business Law Employment Offer Letters

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