Compliance issues regarding the production and sale of alcoholic beverages comes from the federal and state governments. Both have a set of regulatory guidance and standards. Some of these standards are related to selling alcohol, and some to selling a food product. Excise tax is collected for both the federal and state governments. Bottling and shipping alcoholic beverages across state lines has its own set of standards and required regulatory guidance. Selling alcohol, on premises, in stores, giving it as gifts, selling on the internet all have standards and guidance that requires specific written policies for a new startup to show transparency and prove regulatory compliance. 

For many who are starting a craft brewery or a specialty distillery, the passion for the product- both the process of making and the final result- means they are willing to go step-by-step through the complex and time-consuming procedures needed to remain in compliance with the state and federal government. Consultation with an expert who can help plan out a time-line may save both time and costly missteps.

The initial set-up for the business, both the legal structure, securing intellectual property, adequate insurance, and other standard business startup needs, can become more challenging in the arena of a product with excise taxes and significant regulations regarding shipping and sales. 

If you are considering a startup that will produce commercial alcoholic beverages, consultation with an expert in both small business startups and the regulatory environments of alcoholic beverages may help put the business on secure foundations. Please contact us for more information, or to make an appointment.

One law prohibits publicly-traded chain stores, such as Walmart, from selling hard liquor. Judge Pittman noted in his ruling that Texas is the only state in the Union to have such a law on the books.

Judge Pittman struck down another law that allowed family-owned businesses to acquire package liquor licenses virtually without limit. Other types of businesses are restricted to only five such licenses. A family-owned business can possess five license per family member, including siblings and children.

The Texas Package Stores Association, on behalf of existing liquor stores ranging from small Mom-and-Pop operations to bigger chains such as Spec's Wine, Spirits, and Finer Foods, has vowed to fight the ruling. Having publicly-held chain stores such as Walmart allowed to sell liquor will disrupt the way spirits are marketed in the state of Texas.

Currently, Walmart stores, including its Sam's stores, carry beer and wine. Should Judge Pittman's ruling be upheld on appeal, the company's plan is to build liquor stores, with separate entrances, next to the big-box stores.

The position of the Texas Package Stores Association is that allowing Walmart to sell liquor would hurt small businesses. The fear is not an unfounded one. Walmart has, through its economies of scale, been able to undercut smaller retail businesses by selling a wide variety of products at cheaper prices. Walmart's position is that allowing the huge store chain to sell adult beverages will benefit consumers. It maintains that the two laws that Judge Pittman struck down violates the Equal Protection and Dormant Commerce clauses of the United States Constitution.

Writing in the Federalist, Chuck DeVore, who served in the California State Assembly before moving to Texas to work with the Texas Public Policy Foundation, attempted to explain why two large states with similar ethnic demographics went in such opposite direction. DeVore concluded that the secret resides in the fact that members of the Texas Legislature work only part time, having regular jobs as business owners or partners in law firms. By contrast, members of the California Legislature are full-time politicians, and few come from a private-sector background.

The statistics that DeVore cites are eye opening. Four percent of Texas legislators come from a government background, while 58 percent come from business and 30 percent are lawyers. 49 percent of California legislators come from a government background, 28 percent from business, and just eight percent from the law. Some differences exist between Republicans and Democrats in both cases.

According to DeVore's thesis, members of the Texas Legislature tend to pass laws that favor business because they have to live under those very same laws. California lawmakers tend to write legislature that is burdensome to the private sector because they are insulated from the effects of the laws they pass.

Texas lawmakers are citizen legislators who go to Austin to legislate and then go home to run their private affairs. California lawmakers are professional politicians who stay in Sacramento and legislate full time. DeVore suggests that this structural difference, even more than the dominance of one party over another, explains the differences between the two states' political cultures.

Since the current law is highly restricted and the medicinal properties of marijuana have been touted for other ailments, a push for expanding the program is all but inevitable. An editorial in the Beaumont Enterprise suggests that the state consider expanding the use of medicinal marijuana as a tool for chronic pain management. At issue is the opioid addiction crisis, which has hit Texas just as much as it has most of the other states of the Union.

Some studies suggests that medical marijuana is just as effective at combating chronic pain as opioids with a reduced risk of addiction. This property is an important consideration, considering the deaths by overdose that have exploded nationwide.

On the other hand, the Texas Legislature is likely to be resistant to the idea of expanding the use of medical marijuana during the upcoming 2019 regular session. The legalization of medical marijuana, even in forms that do not offer the properties that make one high, has often been the prelude to the legalization of recreational pot. Think what happened in Colorado and is now occurring in California. Texas is one of the last states to legalize medical cannabis in any form. The political climate in Texas will make an expansion of that program an uphill climb.

With much anticipation, you may be eager to procure employees towards the servicing of your clients and business product. 

Before you materialize this portion of your business plan, you should consider the extended legal requirements surrounding the hiring process of any employee in your company.

There are important legal documents and methods that you must practice prior to selecting and securing an operative team of employees.

Generating Employee Records

The Department of Labor has established laws that require your business to possess and maintain written files of the employee data. These records include:

- Personal Information, including employee's full name, date of birth, social security number, mailing address, and occupation;
- Salary and frequency of compensation;
- Payroll deductions from each paycheck;
- Employee work schedule;
- Records of salary payment, including dates and amounts.

Establish Your Filing Method Before Hiring

Additionally, it is mandatory to regularly update and maintain employee records. This can become a very intricate and complex mission. Therefore, it is essential to research the method of human resources and software that is best suited for your business.

Obtain W-4 Forms From New Employees for Tax Reporting and Verification

Withholding the appropriate quantity of taxes from your employee's salary empowers your business to meet legal tax requirements with the State and Federal governments.

Employer Identification Number

Did you obtain an Employer Identification Number (EIN) during the formation stage of your business? This is an important requirement for you as the startup or business owner if you are hiring employees. State and Federal tax forms will require an EIN from your business, essentially with:

- Reporting an employee's withholding to the IRS;
- Transferring tax funds to the IRS;
- Paying Unemployment Insurance Tax and FICA;
- Completing State Income Tax forms for an employee, when applicable.

Reporting Your New Employee to the State

Based on average State laws, as a business owner, it is a requirement to report your new employee to the state within 20 days of hire. Most states use this information to ensure the employee is:

- Compliant with any unemployment funds being dispersed;
- Meets and child support law requirements.

Furthermore, practicing this method of reporting safeguards your legal compliance and reporting requirements.

Obtain I-9 Forms Verify Employee's Legal Authorization to Work

Although the I-9 Form is not a requirement for submission to the State or Federal governments, it should be obtained for your records in the event that authorities need to examine the employee's identity and eligibility to work in the United States. The instructions for the I-9 Form explain which documents and records are needed in order to complete the forms legally and successfully.

Labor Law Posters

Based on State and Federal laws, it is a requirement to place labor law notices in areas of your worksite that are readable and accessible to your employees. It is essential to ensure that your newly hired employees have access to these areas where the notices or posters are displayed.

Purchase Worker's Compensation Insurance

While the State of Texas has no requirement for most private employers to obtain Worker's Compensation Insurance, it is noteworthy to understand whether your business is an exception. The Posey Law Firm, PC specializes in Labor and Employment Law, helping new business owners understand their requirements. Laws requirements vary by state, dimension or size, and the industry of your business. Therefore, it is imperative to understand which laws apply to you as the business owner prior to hiring your team.

Conclusion

Securing the legally required documents and information from your new employee stems from State and Federal laws in place. Moreover, it is crucial for your newly established business to remain compliant and supported by professional organization management in its early stages. Consult with a business attorney that is acquainted and well-versed in business law in advance of hiring employees to build your establishment.

"Deceptively Similar" Is Now "Distinguishable upon the Records"

Section 5.053 of Business Organizations Code currently prohibits the SOS from accepting any name that is the same or deceptively similar to a name already in its active records. The new standard, which is already in use in many states, allows a proposed name as long as it is distinguishable from others already on the SOS active records. Therefore, many names previously rejected by the SOS as deceptively similar to an existing business name will be acceptable after June 1, 2018. How close a new name can be to an existing business name, however, will ultimately depend on changes to the current Administrative Rules yet to be proposed by the SOS. Delaware, for example, considers a name distinguishable as long as it contains as little as one additional character from another name. Other states have adopted more restrictive rules that still consider punctuation, spaces, and pluralization when determining if a name is distinguishable.

So why the change?

According to the bill analysis prepared by legislative staff, the benefits of this change include:

-making the process of choosing a business name in Texas more uniform with that of other states;
-ease the formation of new Texas business entities; and
-expedite the registration of out of state business entities to transact business in Texas.

Indeed, the change makes more potential names available at a time of substantial economic growth for our state. However, the bill does not change the manner in which rights to business names derive under common law. Acceptance of a name by the SOS under the current or new standard does not prevent another business with a similar name or trademark from filing a civil suit to prevent the use of a similar name by another party. 

Notwithstanding this important change in the law, great care is always in order when selecting a business name. There are many factors other than availability that one should consider when deciding on both a business name and operating structure. Feel free to contact an Austin business entity attorney here at the Posey Law Firm for any questions or to assist in determining how to select the right name for your new or growing Texas business.

The Wichita Fall Times Record News notes one new free-standing ER located in that community that is making a go at a market that has not been kind to other attempts to establish such facilities. Two companies, run by Neighbors Emergency Center and Select ER, opened independent ERs in the spring of 2016 only to close them after a year and a half of operation. The new facility, owned by ER Now, is run by a group of 12 local doctors. Its main selling point is that its physicians are part of the local community. However, the new stand-alone ER also is attractive from a cost standpoint, so long as the patient has private insurance.

Essentially, the ER Now facility does not engaged in a practice called "balanced billing" in which a healthcare provider attempts to collect on the amount that an insurance company pays and the total cost of the bill. Also, the private ER accepts all major insurance. Whether the business model will help the year-old ER to stay open when the two previous ones failed remains to be seen.

It may surprise many Texans to know that the state already allows some teachers to carry firearms to school under the 2013 Protection of Texas Children Law (HB1009). The law designated a subset of law enforcement officers called School Marshals, similar to Air Marshals that guard some airline flights. Any employee of a school, teacher or staff, could volunteer as a School Marshal.

The criteria to become a School Marshal are rigorous. A volunteer has to undergo mental health evaluation and then an intensive training program that includes firearm proficiency and active shooter simulations and classroom instruction. Firearms have to be stored in a safe, accessible only to the designated School Marshal. The program is optional for Texas school districts, and not all participate.

Even before the law was enacted, teachers and staff were allowed to conceal carry on school grounds under certain circumstances since 2008.

According to Channel 5, the NBC affiliate in Dallas-Fort Worth, [one member] of the Texas State Teachers Association takes a dim view of the School Marshal program. He suggested that teachers should secure their classrooms and concentrate on keeping their students safe rather than engaging in gun battles with school shooters. However, proponents of the program maintain that the School Marshal program provides schools with an extra layer of protection during the first critical minutes before law enforcement can be summoned to deal with a school shooting situation.

According to the Dallas Morning News, since 2005, Texas public schools and community colleges are required to have plans in place to handle a variety of natural and human-caused disasters, including the presence of an active shooter. School employees are required to be trained in such procedures and drills should take place periodically. According to the law, school districts are required to conduct safety audits every three years and submit the results to the Texas School Safety Center. The period for the current audit started in September 2017.

Gov. Abbot plans to list schools that have not completed a safety audit in the next 45 days online and in a press release. However, education groups are maintaining that such publicity would make schools that have not yet completed a safety audit a target. They suggest that instead, the state should provide school districts the resources they need to complete said audits and to make schools in Texas safer and more secure. The audit is a set of questions involving such things as alarms, evacuation procedures, and visitor security.

Ironically, despite the publicity that high-casualty shootings such as the one that happened in Florida, Texas schools have become safer in the past ten years. The number of incidents involving a prohibited weapon has been cut roughly in half, though those involving firearms have slightly increased. Experts point to an overall decrease in juvenile crime as the reason.

Big Impact
 
Most recently, Texas regulators have issued a cease-and-desist request to investment platform DavorCoin for its activity in the state. The Texas State Securities Board sent the letter to DavorCoin execs in early February, stating that the cryptocurrency startup was illegally selling unregistered securities to Texas residents for promising investors a fixed return to participate in their lending program. 

The writing was on the wall. It was, in fact, the TSSB that set the wheels in motion for the end of a similar crypto investment platform BitConnect that was marketing its bitcoin-fueled business and guaranteeing fixed returns to locals in the state.

Now BitConnect in addition to being hit with a pair of class-action lawsuits has closed its doors. It's a message to cryptocurrency companies looking to operate in the state not to circumvent securities laws or make false claims to its residents. 

Texas businesses may also be exploring whether an initial coin offering -- or ICO -- is right for them. ICOs are a way for companies to raise capital publicly in a loosely regulated market. Last year, ICOs raised more than $4 billion combined.

But Texas regulators have these deals on their radar as well, as evidenced by a similar cease-and-desist request that the TSSB issued to international ICO R2B coin, which marketed its cryptocurrency to Texas locals without registering their token as a security. 

Making Sense of It All

The rise of blockchain and cryptocurrencies has merchants operating across industry verticals considering which role, if any, they should play. But for now, the state appears to be taking more of a defensive role in this market than an offensive one, which suggests businesses should be especially careful about adopting any of these emerging technologies. The Posey Law Firm to discuss whether or not blockchain and cryptocurrencies make sense for you.

Open Educational Resources are defined as "freely accessible, openly licensed text, media and other digital assets that are utilized for classroom, homework, research and lecture purposes." If a course offers OER materials, the cost for the student would be free as opposed to hundreds of dollars, potentially, for a textbook, supplementary course materials, and even an access code for online materials. OER materials often contain public domain or fair-use content as a way to reduce cost.

The English department at Texas State is already adopting an OER book for an introductory writing course, likely to be adopted for the Fall 2018 semester.

The form of the proposed legislation, which will presumably encourage Texas universities and colleges to adopt OER materials where possible, is described as a work in progress.

The Texas Legislature passed a number of measures encouraging OER materials during the last regular session. SB 810 created a grant program that helped professors at Texas institutions of higher learning transition to OER textbooks. The bill also set up a searchable database that helps students find courses that use such materials. The legislation also doubled the funding for developing OER materials for K-12 schools. SB 1784 also contained reforms to encourage the use of Open Education Resources for Texas schools. Both bills were signed into law by Gov. Abbott.

Some enterprising Texans have been attempting to exploit a loophole in the law. Games of chance can be exempt from the anti-gambling statutes, according to Poker World, if they meet the following criteria:

>They take place on private property.
>No one acquires a personal monetary benefit aside from winnings.
>With the exception of luck and skill, every player has an equal chance of winning or losing.

The exemption was enacted so that Texans can have a Saturday night poker game in their homes without fear of being raided by law enforcement. However, some entrepreneurs have tried to use the loop hole to open up private poker clubs without much success. In one case, in Kingsville, a couple of these clubs opened after gaining approval from local officials, only to be forced to close when local law enforcement objected. The clubs had been accepting fees at the door, which in the judgment of some violated the exemption.

Even so, the idea of private poker clubs constitutes a gray area of the law, which may be part of the agenda in the 2019 session of the Texas legislature. The problem is that Austin traditionally takes a dim view of loosening restrictions on gambling in any way. In 2009, then Gov. Rick Perry promised a veto of a gambling reform measure. Recent statements by current Gov. Greg Abbott have also poured cold water on the idea. Nevertheless, some attempt may be made next year to clarify the law on the state level that will allow the operation of private poker clubs in some form.

The amended law, Legislative Session 82 (R) SB 14, requires that each person must present either a driver's license, an election identification certificate, a military ID, a US citizenship certificate, or a license to carry a concealed handgun at the polling station before he or she can vote. However, forms of ID not on this list include state employee ID, federal employee ID, or university ID. It also allows someone who cannot present an appropriate form of ID to sign an affidavit stating that he or she could not reasonably obtain such ID. Any person who is caught lying on the affidavit will be punished criminally.

The main argument for the law is that it allows people who cannot reasonably obtain an appropriate photo ID to vote as long as they sign the affidavit. Opponents of the original law believed that it discriminated against minorities because they are "less likely" to have any of the listed forms of photo ID and would be prevented from voting. The amended law eliminates this problem with the affidavit. 

Even in its amended version, the Texas law is still the strictest voting law in the country. This is a heated issue that will likely be decided along party lines, however, it deals with an important issue. The only thing clear, at this point, is that this fight will end in the Supreme Court.

Employee and employer relationships are changing as well, with the rise of the gig economy, outsourcing, and technological disruption. Challenges such as the rising cost of employer-sponsored health care and retirement funding are limiting the agility of businesses.

In this rapidly changing environment, two things remain unchanged. Business depends on an engaged and productive workforce, and people want to keep their jobs. It is in the interest of both business leadership and employees to be very clear about values and beliefs, and expectations regarding employee behavior outside the workplace. It is the responsibility of business leadership to ensure that these standards and business values do not violate employee rights.

Freedom of speech does not mean there are no consequences of free speech. It is simply that there is legal redress if this freedom is impinged. Individuals with opinions are members of families, communities, and are sometimes employees. If identified with a business, an employee may find a personal belief or opinion is impacting their employer in a negative way. That negative press can have significant, measurable consequences for a business. In order to protect a business value or reputation, an employer does have the right to limit employees' social behavior. This can include specific negative consequences, including being fired, if employees engage in behavior or speech that allows them to be identified, and with that identification, impacts the workplace.

Civil rights protections, including gender, race, sexual orientation, and ethnicity, just as free speech, simply detail a means of legal redress if these rights are violated. Issues of harassment, bullying, and other behavior that can be construed as threatening or criminal falls outside of acceptable in every workplace. These behaviors destroy the cohesive nature of a workforce, and reduce engagement and employee satisfaction, as well as opening both employees and the business to legal action.

Specific expectations and behaviors should be detailed carefully during onboarding and during training, to ensure that the values and beliefs of the business do not conflict with employees' personal behavior and everyone understands the expectations of their employer. 

A legal consult can ensure that business practices and standards are not in conflict with current state and federal employment and labor law.

It will therefore come as welcome news to not only the flood-ravaged Gulf Coast but for people in the construction trades that federal dollars are going to start flowing for infrastructure improvements that will help alleviate any more flooding events in the future. Harvey may have been a once-in-a-thousand-years event, but people want to make sure that the torrents that washed away homes and businesses never happen again.

Governor Greg Abbott made the announcement that the federal money will be included in a Harvey relief package that has passed the House and will shortly pass the Senate, or so he has been assured will happen by Sen. John Cornyn and Sen Ted Cruz. The package will include:

-Repairs and upgrades to the Addicks and Barker reservoirs, which proved woefully inadequate to contain the flood waters.
-Funding for the construction of a third reservoir.
-Water projects in both Fort Bend and northeast Harris counties.
-The augmentation of bayous throughout the region to safety carry rainwater to the Gulf of Mexico. Even during ordinary heavy rains, these waterways have had a tendency to overflow their banks, flooding streets and washing out homes and businesses.
-A $7 million microloan program to help small businesses recover from the flooding.

Because the federal government is picking up the tab, Abbott is resisting calls to summon the Texas Legislature into special session to draw on the $10 billion rainy day fund. However, at some point, $1 billion of the fund will likely be used to cover the costs of repairing schools that were knocked out because of the flooding.

The deal between Texas and SpaceX was struck for the spaceport in 2014 after a competition between the Lone Star State and Florida, Georgia, and Puerto Rico. The Texas state government enticed SpaceX with tax and regulatory inducements, as well as a $15.3 million fund of which just $3 million has been spent. The plan was for SpaceX to spend $100 million to build the spaceport and to start launching rockets by 2016.

However, the land upon which the spaceport is being built has proven to be too unstable to sustain rocket launches. SpaceX has been obliged to truck in hundreds of thousands of cubic yards of new soil and then wait for it to settle in order to make the land stable enough to sustain launch operations. That process is complete, and the company is now building infrastructure. The plan is to start launching rockets as early as late 2018.

SpaceX has launched its Falcon 9 rocket from the Kennedy Space Center and Vandenberg Air Force Base ever since it started commercial operations. The company has achieved a space first by successfully landing and reusing the first stage of its Falcon 9. SpaceX is building the Texas spaceport so that it will have sole control of the launch range and will be able to conduct spaceflight operations at will, in cooperation with local government and the requirements of public safety.

SpaceX officials have hinted that the Boca Chica spaceport will be the home of the giant BFR, decorously called the Big Falcon Rocket, a huge, reusable launch vehicle that is at the center of CEO Elon Musk's desire to build a colony on Mars.

Unlike other states, Texas declined to expand Medicaid to cover more poor people under the Affordable Care Act. The expansion was undertaken in other states to help workers who are employed part-time or otherwise are not covered by employer-provided plans. The Medicaid program in Texas tends to be limited, and most people who work do not qualify for the program if their incomes are too high. Thus, the imposition of a work requirement would have little or no effect on Medicaid in Texas.

A study reported by the Kaiser Foundation suggested that disability or chronic illness is a major impediment to employment for many Medicaid recipients, even among those who did not claim a specific disability to qualify for the program. Most proposals to impose a work requirement for Medicaid include exemptions for people with disabilities. Kaiser also found that a work requirement would involve some increased administrative costs.

This is not to say that a work requirement for Medicaid is impossible for the state of Texas. However, such a rule would have to be carefully crafted to make sure that any savings are not offset by additional costs. Any move to impose such a requirement would have to be carefully considered in the next legislative session.

Abbott's proposal would place a cap of a 2.5 percent increase for taxes levied by countries, school districts, cities, and special districts. Any increase above that percentage would have to be put to the voters, with a two-thirds majority needed for approval.

Understandably, a number of local officials have denounced the proposal, suggesting that it would inhibit their ability to raise money for public safety, infrastructure construction, and other services. Abbott, Lt. Gov, Dan Patrick, and other Republicans countered that they are responding to the complaints of home and business owners who feel crushed by the ever-increasing tax burden that they now face.

Supporters of the measure point out that the new federal tax law, which caps deductions for property taxes at $10,000, makes reform all the more urgent.

Current law requires voters to petition for a state election if property taxes are raised by more than 8 percent. A measure to lower that amount failed in the last session of the legislature when the state House enacted a measure making the threshold 6 percent and the state Senate passed a bill that made the threshold 4 percent. The roll-back election would have been automatic with a simple majority required to approve a tax increase.

There are plenty of reasons to limit use - it causes premature wear and broken equipment, massive loss of productivity, and often, uses company supplies (such as paper and ink for printing) as well. The biggest problem most consistently observed is that of morale, when lenient supervisors step in to curb runaway behavior or a restricted staffer witnesses another getting away with it.

Avoid this by stating policies upon hire, and carefully monitoring. Inevitably, these policies will sometimes be violated and a wise employer will use some discretion, but excessive personal use should be curbed quickly, quietly, and uniformly with all staff.

These policies will also be highly customized - an employee handling highly confidential information should not be permitted to play games with other players on an open network - that could be grounds for immediate dismissal. A staffer using a company car and checking email while driving puts your company - and the public - at massive risk. Consider the following absolutes:

- All computer passwords must be available at all times
- Unauthorized or pirated files may not be added to company machines
- Files brought from home may not be added to machines
- The company may open, search, and monitor computers and email used by all staff at any time and for any reason
- Business information may not leave the office without authorization

Consider curbing cell usage as well - keep phones off the desk and only answer or respond in the event of an emergency. Excessive abuse of the policies should be dealt with quickly and quietly so that it doesn't continue.

Leniency with electronic usage has detrimental effects on productivity and frequently exposes a company to liability. Consider strict policies with some common sense leniency, but deal with abuse fairly and quickly.

Severance agreements aren't typically arranged until dismissal or resignation is on the table, and are often specific to the situation, so require legal counsel. Consider including:

Financial terms
Continuation of benefits
Unemployment compensation rights
Any waived claims
Confidentiality
Non-disparagement
Non-competition
Trade secrets
References and recommendations
Applicable laws
Violation consequences
General release 

Non-compete Agreement. These agreements state that employees who are leaving agree not to enter a similar profession or work with a direct competitor within a certain period of time and geographic area after employment is terminated. These agreements are tricky and require legal expertise - courts are often hesitant to enforce them if they present a hardship to the ex-employee, so the former employer must prove the worker took action in violation of the agreement and that the agreement is reasonable.

The strongest non-compete agreements have small geographic scope, short time periods, and recognize the position the ex-employee may not hold. They should also include or be addended to non-disclosure agreements.

Non-disclosure Agreement. Also known as a confidentiality agreement, these protect information the company deems as crucial to their operation - trade secrets, inventions, processes, knowledge, or work in progress. These are often some of the most important documents an employer should keep on file to protect itself; as with a non-compete agreement, these are often signed upon hire but absolutely must be obtained upon dismissal. The concern in waiting to get them is if the employee refuses to sign or is let go in a fashion that doesn't allow for more agreement signing - usually an indication of bad blood that would make this type of agreement necessary in the first place.

An attorney can advise on what other agreements may be necessary for your particular business and situation, but severance, non-compete, and non-disclosure agreements are three of the most important. The last two are used with nearly every employee upon hire.