Handbook
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Legal & Compliance
Employment Law for Startups
Hiring people comes with legal obligations. Here's what founders need to know.
Once you hire your first employee, you enter a world of legal obligations. Employment law governs how you hire, pay, treat, and potentially terminate people who work for you. Getting this right protects your employees and protects your company.
Employee vs. Contractor
Why It Matters
The distinction is critical:
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Employees: Full protections, your liability, payroll taxes
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Contractors: Fewer protections, their liability, no payroll taxes
Misclassification is a common and costly mistake.
How to Determine Status
Factors that indicate employee:
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You control how work is done
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Set hours and location
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Provide equipment
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Exclusive or primary relationship
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Ongoing relationship
Factors that indicate contractor:
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They control how work is done
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Set own schedule
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Use own equipment
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Multiple clients
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Project-based work
Misclassification Risks
If you classify incorrectly:
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Back taxes owed
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Penalties and interest
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Benefits obligations
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Legal liability
Treat borderline cases as employees to be safe.
Hiring Process
Legal Requirements
When hiring:
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I-9 verification (work eligibility)
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W-4 for tax withholding
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State-specific forms
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Background check consent (if applicable)
What You Can’t Ask
Protected categories:
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Age
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Race/ethnicity
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Religion
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National origin
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Disability
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Pregnancy
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Marital/family status
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Sexual orientation
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Gender identity
Focus on job-relevant qualifications.
Offer Letters
Offer should include:
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Position and start date
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Compensation and benefits
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At-will status (usually)
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Contingencies (background check, etc.)
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Not a binding employment contract
Background Checks
If you conduct them:
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Get written consent
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Comply with FCRA
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Adverse action process if issues arise
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State laws vary
Not required but common for certain roles.
Employment Agreements
Key Elements
Employment agreements should cover:
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At-will employment statement
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Compensation and benefits
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Confidentiality obligations
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IP assignment
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Non-solicitation (of employees/customers)
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Non-compete (where enforceable)
At-Will Employment
In most US states:
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Either party can end employment anytime
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No required notice
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Some exceptions (contracts, discrimination)
Your documentation should reinforce this.
Confidentiality
Protect company information:
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Define confidential information
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Employee agrees not to disclose
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Survives termination
Non-Compete Agreements
Restrict future competition:
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Not enforceable everywhere (e.g., California)
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Must be reasonable in scope and duration
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Check local laws
Non-Solicitation
Often more enforceable than non-compete:
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Can’t recruit company’s employees
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Can’t solicit company’s customers
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Usually time-limited
Compensation
Wage and Hour Laws
Federal and state laws require:
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Minimum wage
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Overtime pay (for non-exempt employees)
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Timely payment
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Record keeping
Exempt vs. Non-Exempt
Exempt employees:
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Salary above threshold
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Professional/managerial duties
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No overtime required
Non-exempt employees:
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Overtime required (usually 1.5x after 40 hours)
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Must track hours
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Most employees are non-exempt
Misclassification is common and risky.
Equity Compensation
Stock options and grants:
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Requires proper option plan
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Individual grant agreements
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Fair market value strike price
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Tax implications for employees
Get this right—equity errors are expensive to fix.
Workplace Policies
Required Policies
Depending on location and size:
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Anti-harassment policy
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Equal opportunity statement
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Leave policies
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Safety policies
Employee Handbook
As you grow, document:
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Company policies
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Benefits
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Expectations
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Procedures
Not required but reduces risk and creates consistency.
Anti-Harassment
Sexual harassment policies should:
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Define prohibited conduct
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Provide reporting procedures
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Commit to investigation
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Protect against retaliation
Required in most jurisdictions.
Benefits and Leave
Required Benefits
Legally required (varies by location):
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Social Security contributions
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Unemployment insurance
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Workers’ compensation
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FMLA leave (50+ employees)
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State-specific requirements
Common Voluntary Benefits
Competitive employers offer:
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Health insurance
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Retirement plans
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PTO
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Parental leave
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Flexible work
State Variations
States may require:
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Paid family leave
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Sick leave
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Disability insurance
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Different minimum wage
Know your state’s requirements.
Managing Performance
Documentation
Document performance:
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Reviews and feedback
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Performance improvement plans
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Disciplinary actions
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Termination decisions
Good documentation protects you.
Consistency
Apply policies consistently:
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Same standards for everyone
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No favoritism or targeting
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Document exceptions and reasons
Inconsistency invites claims.
Progressive Discipline
Typical approach:
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Verbal warning
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Written warning
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Final warning/PIP
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Termination
Not always required but often prudent.
Termination
At-Will Rights
Generally, you can terminate:
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For any legal reason
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With or without cause
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At any time
But some terminations are illegal.
Wrongful Termination
You cannot fire someone for:
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Protected class status
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Retaliation for complaints
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Exercising legal rights
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Whistleblowing
Termination Process
Best practices:
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Document the reason
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Prepare final paycheck (check state timing requirements)
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Handle benefits continuation (COBRA)
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Conduct exit procedures
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Consider severance for releases
Severance Agreements
Common elements:
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Payment terms
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Benefits continuation
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Release of claims
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Non-disparagement
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Confidentiality
Get legal review for severance agreements.
Common Employment Mistakes
Misclassifying Employees
Treating employees as contractors.
Problem: Back taxes, penalties, lawsuits.
Fix: Err on the side of employee classification.
No Written Agreements
Handshake deals, verbal promises.
Problem: Disputes about terms.
Fix: Everything in writing.
Exempt Classification Errors
Calling everyone “exempt” to avoid overtime.
Problem: Wage claims for unpaid overtime.
Fix: Properly classify based on duties, not job title.
Inconsistent Treatment
Different rules for different people.
Problem: Discrimination claims.
Fix: Document policies, apply consistently.
Poor Documentation
No records of performance issues before termination.
Problem: Termination appears arbitrary or pretextual.
Fix: Document contemporaneously.
When to Get Help
Consult an Employment Lawyer
For:
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Terminating anyone in protected class
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Any harassment or discrimination complaint
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Wage and hour questions
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Complex benefits issues
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Severance agreements
HR Support
As you grow:
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HR consultant can help
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Eventually full-time HR
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Keeps you compliant
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Reduces risk
Key Takeaways
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Employee vs. contractor classification matters—misclassification is costly
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Hiring: I-9, W-4, offer letters, no questions about protected categories
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Employment agreements: at-will, confidentiality, IP assignment, non-compete where enforceable
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Exempt vs. non-exempt affects overtime—classify correctly
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Document performance issues contemporaneously
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Termination: legal for almost any reason except protected categories and retaliation
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Severance agreements can provide protection through release of claims
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State laws vary significantly—know your jurisdiction
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Document everything, apply policies consistently
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Get legal help for complex situations, especially terminations
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