Does Your Company Need a Social Media Policy?

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These days it is hard to find an employee that does not have a social media account (or two). But, laws regarding social media are hazy at best – and still in the works. Most companies, however, are realizing how impactful social media can be on their brands, which is why they are creating social media policies to monitor posts regarding their business.

If you are on the fence as to whether or not you should create one, remember that a well-drafted policy could encourage positive branding online, and establish boundaries as to what employees can and cannot say.

Getting Started

You will need to consult several people to develop your social media policy. First, your human resources representative should be brought in to provide guidance on any employment issues. Next, your IT department should be consulted in regards to how they will monitor social media, restrictions they may place on computers, etc. Lastly, you need your business attorney San Antonio. A lawyer offers guidance on employment laws to ensure you’re not violating them with your new policy.

The Issues Facing Social Media Policies

When drafting your social media policy, you will find many issues. But, some things you will need to consider include:

• If you are trying to promote healthy use of social media or you want to monitor employee abuse of social media.
• Being aware that employment disputes could be posted on social media in the form of status updates, pictures or comments.
• Whether or not employees will be allowed to post on the company’s behalf via social media.

Contents of a Solid Social Media Policy

A company must assess their presence online and how social media will affect that. The goal of your policy is to create a positive image online and align your social media goals with your company goals. Next, you will want to include:

• HIPAA, trade secret clauses and non-disclosure information to protect valuable company secrets.
• Examples of what employees can and cannot post. Topics like substance abuse or racial slurs should be included in that list.
• How violators of the policy will be handled.
• What social media networks will be included in the policy?
• Specifics regarding what posts are prohibited from social media and any applicable penalties if someone violates it.

A business attorney in Houston should be consulted when drafting any type of company policy. Not only could you encounter employment violations, but you could have employee disputes that will arise due to your new policy. An attorney will provide you with guidance, help draft the policy and also create any necessary contracts to enforce it.

What Do I Do If I’m Served with a Deposition Subpoena?

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A deposition subpoena is a document that requires you to submit your testimony to a third-party or to produce documents. Depositions are used as a pre-trial discovery phase and they take place often at your attorney’s office or the office of the other party’s attorney. While depositions do not have a judge or a jury, you still must conduct yourself as if you were going to court. It is best to have your San Antonio business attorney review the deposition requirements as well as be present during the deposition.

Do You Have to Go to the Deposition?

Your San Antonio business attorney will review the subpoena to make sure it is valid. If it is, you must go or you will be held in contempt of court. But, the other party must give you adequate notice to prepare for the deposition – which usually is five to 14 days. Also, you are required to bring any documents requested in the subpoena. If you fail to do so, the courts may issue an order requiring you to testify. In a civil case, ignoring your deposition could make you appear as though you are not cooperating or hiding something too.

Answering the Questions

You must answer all questions asked in the deposition as long as they are relevant. Your attorney will be present during the deposition and can determine whether or not a question is relevant to the case. Any answer you give must be truthful, because while you are not in court, you are still testifying under oath. Also, remember that the answers you give during a deposition will be used at the trial. A court reporter will also be present to record your answers and you are most likely going to be videotaped – which may be played at the trial too.

Do You Need an Attorney?

If your business is being sued and you have received a deposition subpoena, you should hire a San Antonio business attorney. An attorney will prepare you for the deposition and go to the deposition with you. By having an experienced attorney by your side, you can protect your own rights as well as your company. Your attorney will ensure you don’t answer anything that will expose you to further lawsuits.

Tips for Starting a Successful Home-Based Business

Home businesses are growing fast. They have low overhead, quick startup and an opportunity for an individual to be their own boss while comfortably working from home. If you are thinking of starting a home-based business, you need to do some research first. Starting a business, even from home, requires a few legal steps that cannot be skipped. And, if you want to get your business off to a great start, you may want to consult with a business attorney in San Antonio to see if there are any special considerations – depending on your type of business.

Pick Your Niche

You have a reason for starting your business, known as the niche market. Perhaps you are selling custom stationary or you are a freelance writer – each has their own industry and niche market. You must choose which industry you are getting into not only for marketing purposes, but for classification when you file for a business license, insurance and even a home use permit. If you plan to branch out into separate fields, you may want to create a separate business rather than mesh multiple industries together into the same business.

 

Become Familiar with Taxes

Home-based businesses are not free from taxes. You may have to file taxes as a sole proprietor, which means your business income is directly tied to your personal finances. If you incorporate, you may be able to file your taxes separately. Keep in mind that as a self-employed individual, you will pay the self-employment tax, which could take away a good portion of your monthly profits.

Check on Zoning

Zoning commissions in your area may ban the use of your home for a business. Most cities and counties will require you obtain a home-use or home business permit. If zoning laws prohibit you from starting a home-based business, you will not be able to get a permit. Some counties may require that you do not meet with clients in your home, but you can still work out of your home. Have your business attorney in San Antonio review the zoning laws to ensure you’re in compliance.

Hire a Lawyer

While you may assume a home-based business doesn’t need legal assistance, you would be surprised. Home businesses are subject to different rules, taxes and other legal considerations that are not as easily spelled out as opening a storefront. A business attorney San Antonio can help you incorporate, draft contracts and ensure you are in complete compliance with federal and state laws regarding home businesses.