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N Cal Attorney
N Cal Attorney, Attorney
Category: Business Law
Satisfied Customers: 9225
Experience:  Since 1983
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I need to prepare a written memorandum to a supervisor to assist

Customer Question

I need to prepare a written memorandum to a supervisor to assist him in preparing a presentation for a new business client.
It is a written memorandum to my supervisor to assist him in preparing a presentation for a new business client. I am to refer to the general information on business organizations and employer-independent contractor relationships as well as the following: I need to address these two legal issues: The appropriate form of business organization for my client's business and the requirements for the client's independent contractor agreement, to make sure it's a legally enforceable independent contractor agreement and not viewed as an employment agreement. I am not to use too much legalese in the memo. It is being written to my supervisor, and I would expect him to have some knowledge of the subject matter. But, I must completely explain what the law is for each type of business organization I am considering and the reasons I have selected one type of business organiza
Submitted: 7 years ago.
Category: Business Law
Expert:  socrateaser replied 7 years ago.

I would be happy to review whatever you write and make suggestions. But, I can't draft a letter for you from scratch. The amount of time necessary would require me to charge my regular billing rate ($350 per hour).

 

 

 

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Customer: replied 7 years ago.
I would like to a different expert.
Expert:  socrateaser replied 7 years ago.
I will opt out, and I wish you good luck in finding someone else to assist.
Expert:  N Cal Attorney replied 7 years ago.
What is the nature of the client's business?
Customer: replied 7 years ago.

They specialize in training students in the United States auto industry. Their founder, who also serves as the CEO, would like to retain most ot the ownership and control of the company, because it is really his neterprise. He also has some concerns about the independent contractor agreement their instuctors must sing when they agree to work for the company. He wants to be sure they are not construed as employees of the company and are viewed as true independent contractor.

Most of the company's income is from online training courses. They have reeceived a U.S. Department of Labor retraining grant for the instruction they are currently providing. They grant is awarded only to nonprofit educational organizations. They realize this was a one-time grant. They must make their income from tuition for online courses and in the two classrooms in which they teach traditional courses. This is why they are not opposed to changing their form of business from a nonprofit organization to a for- profit buisness.

The contract they jprovide to their instructors was not well designed and may not comply with the legal requirements for a valid independent contractor agreement.

Expert:  N Cal Attorney replied 7 years ago.
I suggest you tell you supervisor that he has to hire an attorney in Delaware to get the type of legal advice he is asking for.

We cannot give legal advice on this website.

We cannot tell you The appropriate form of business organization for my client's business and the requirements for the client's independent contractor agreement,

I'm sorry we cannot give legal advice here and your supervisor is clearly asking for legal advice.

You can get a free consultation with some of the business organizations attorneys in Delaware listed at http://lawyers.findlaw.com/lawyer/practicestate/Business-Organizations/Delaware

http://www.delawarebusinesslawyerblog.com/employee_vs_independent_contra/ has information about the distinctions between employees and independent contractores under Delaware and federal law.

I hope this information is helpful.

Edited by N Cal Attorney on 11/7/2009 at 10:07 PM EST