In the litigious society we live in, every venture carries some risk. Even small businesses with a seemingly
innocent product -- online video games, custom luggage, even an artisanal farm product -- run the risk of a
lawsuit or a claim. Monsanto, the chemical giant, has a history of suing corn farmers who are suspected of
illegally using its seed. How far are you from Iowa ???
If your business is operating as a sole proprietorship or partnership, like nearly 80% of small
businesses in this country, you are personally liable for its debts and obligations.
You could be at risk if you signed a personal guarantee on your business. You might be sued if
someone is injured while using your service or product -- even if you took the obvious precautions.
While attorneys will tell you that anyone can sue (disgruntled employees, customers, and competitors
make the short list), it's possible to buy some peace of mind.
Inc. magazine has some
advice on reducing the chances that you'll be sued by an ex-employee.
The chief reason for lawsuits against employers, according to the Inc. story, is racial discrimination.
The authors recommend that you take the time to prepare an employee handbook, covering such issues
as workplace language and recourse that would be available to an employee who feels he or she was
targeted for discrimination.
You can also structure your business to protect yourself and your assets, by forming a Limited Liability
Corporation (LLC) or a C corporation. These entities provide a corporate shield whereby a lawsuit cannot
be presented against you as an individual.
The other possibility is to buy business liability insurance. However, most small businesses do not
have the financial resources to invest in low-priority items; only 2% of companies carry this type
of insurance.
Even if you are structured as an LLC or a C corporation, you are still vulnerable if you
fail to observe certain common-sense practices, says Barbara Weltman, an attorney and author writing in a guest blog at the SBA.
Keep good records. Make sure your financials are up to date, and respect the distinction
between personal funds and corporate funds. If your company owes money and you've had your hand in the till,
"a creditor can argue that your personal assets should be available to pay outstanding claims," according
to the SBA.
Be timely and meticulous about payroll deposits. Withholding employment taxes is the responsibility
of the owner, and you can be held personally liable for employees' share of Social Security and Medicare
if those payments aren't withheld and submitted to the proper agencies.
Most all businesses experience cash flow problems at some point. The SBA advises small business
owners to let their other creditors wait and make payroll tax deposits first. (The IRS would no
doubt concur.)
When you borrow money from a bank, try to avoid a personal guarantee. Although the bank holds the
upper hand on this one, there are a few ways you can avoid seeing your own skin nailed to the wall.
These include securing loans with company assets instead of personal ones; seeking financing from
non-commercial lenders such as government grants; building your business's credit to the point where
it can apply for loans on its own; and/or obtaining lines of credit from your vendors or suppliers.
In the heat of starting a business, it's easy to tell yourself that your personal guarantee is simply
your statement of confidence in its future. But with the great majority of small businesses not making
it to their sixth birthday, it's wise to build a wall between yourself and potential hazards.