Maguire Law - Small Business Law

Small Business Law

Representing small businesses is an interesting part of my practice. It can involve anything

from reviewing contracts, creating legally appropriate employee handbooks and policy manuals,reviewing legal issues and risks associated with the termination of an employee, creating documentsand policies to protect intellectual property, trade secrets, customer lists, taking steps to protect yourbusiness from unfair competition by former employees and competitors, etc.

Legal services are expensive so it is vital for a small business to use these services in a costeffective, efficient manner. As a former small business owner, I am well aware of cost concerns and I try to spell out in advance what the likely cost of a particular legal service will be. I also try to minimize that cost by encouraging the owner to assist me in completing that task rather than trying to bill the entire task by myself.

A critical factor for small and large businesses is avoidance of litigation. Litigation costs are

extremely expensive. To defend a company against a lawsuit brought by a former employee it can often cost $50-$100,000 in legal fees and costs, even if the employee loses! If the employee wins, the potential damages and attorneys fees awards can be several times the cost of defending the lawsuit.

Litigation prevention is a critical task in avoiding the risks of litigation. Good, well thought

out legal policies and procedures are part of this approach and require an attorney trained in

employment law to oversee and review the creation of these policies and procedures. Employee training is a second critical element in litigation prevention, particularly in the area of sexual harassment prevention as well employment discrimination and wrongful termination prevention training.

Finally, an hour or two of attorney time spent in reviewing the legality and method of

terminating an employee can save tens of thousands of dollars in future litigation defense costs. I spent a good part of my legal career suing employers for wrongful termination, sexual harassment, discrimination and wage and overtime issues, so I am particularly good at reviewing termination issues to help you avoid the risk of a later lawsuit brought by an angry ex-employee.

Employment law is a very complex, constantly changing area. Prudent employers have to

structure their businesses and policies to avoid the risks of litigation for claims of wrongful

termination, sexual harassment, retaliation, failure to pay overtime to employees improperly

classified as exempt from overtime, age, gender, disability, pregnancy, sexual orientation and other forms of discrimination, etc. This area is a small business minefield.

I do not charge for an initial phone consultation regarding an employment issue, so please,

feel free to call me to discuss an issue that is concerning you. An ounce of prevention can save a tonof later litigation costs.

-Dwight D. Eisenhower

"The clearest way to show what the rule of law means to us in everyday life is to recall what has happened when there is no rule of law."

Gil Maguire of the law firm MaguireLaw represents clients in the areas of general law, estate

planning, wills and trusts, divorce and family law, collaborative law, mediation, small business law,

and employment law including wrongful termination and retaliation, wage and hour law, unlawful

discrimination, sexual harassment, and employment contracts and separation agreements.

MaguireLaw provides legal services for clients in Ventura, Oxnard, Camarillo, Port Hueneme, Point

Mugu, Malibu, Santa Paula, Filmore, Newhall, Thousand Oaks, Moorpark, Newbury Park, Westlake

Village, Simi Valley, Agoura, Agoura Hills, Oak Park, Hidden Hills, Calabasas, West Hills,

Woodland Hills, Chatsworth, Tarzana, Encino, Northridge, Grenada Hills, Canoga Park, in Ventura

County and Los Angeles County, California.