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What can you do to
have a winning case?
First, keep
good records. Business records are
given deference by the Court if kept in
the ordinary course of your business.
Document telephone calls. When meeting
with employees over serious issues, have
another person present to witness and
take notes of the meeting. If you are
going to ask the employee to acknowledge
inappropriate behavior, have a document
ready for them to sign.
Periodically review your standard
contracts and documents. Most customers
will sign a contract that states they
are responsible for reasonable attorney
fees if they breach the contract.
Failure to include specific language for
reimbursement for attorney fees means
even if you win and collect, you will
have the costs of the attorney fees. In
general, do not sue an uncollectible
entity or individual – it is a waste of
time and resources. Monitoring your
receivables at least monthly, Don’t be
afraid to stop doing business with
someone who is not paying you.
Operate
your business in compliance with the law
and take advantage of the benefits of
proper planning and documentation. The
time to draft an agreement on how the
business is going to operate is not when
there is a dispute amongst the owners.
Invest some resources in properly
documenting your business relationships
to avoid the need for litigation later. |
