Each of these important business milestones represents substantial investment and substantial risk - of time and money. If you want to be sure your investment is protected, you will need experienced legal counsel. Kindt Phillips Friedman & Fremgen, S.C., has been advising local businesses, entrepreneurs and professionals on legal matters for over 100 years.

Forming a Business

Wisconsin Law allows general businesses to operate as stock and non-stock corporations, statutory close corporations, limited liability companies, general, limited and limited liability partnerships, cooperatives and associations. The IRS allows some organizations to pass income to owners without taxing the business entity. Some forms allow owners to receive dividends (with potentially lower tax rates) and others do not.

Simply forming a corporation or a limited liability entity may not be sufficient to protect your personal assets from a lawsuit.

In today's world, many businesses are closely regulated. Selecting the right business form and tax status and operating your business in compliance with administrative regulations and tax laws requires close coordination between your business accountant and your legal counsel.

Kindt Phillips Friedman & Fremgen has extensive experience with highly regulated businesses and professions including:

Assisted Living Facilities
Banking
Construction
Consumer transactions
Food Manufacture
Hospitals
Healthcare professions
Medical Groups
Nursing Homes
Paper Processing
Printing
Physicians practices
Real Estate Development
Restaurants and food services

Employment Contracts

Employment contracts can protect the rights of both employees and employers. For individuals, the most important parts of the employment contract can:

Compensation and benefits
The term of guaranteed employment
Conditions for termination of the contract
Severance pay and benefits
Agreements not to compete
Confidentiality agreements

You should seek legal advice if you are contemplating:

Signing an employment agreement with one or more employees,
Requesting employees to sign a non-compete or confidentiality agreement, or
Terminating an employee or independent contractor.

Independent Contractors

Sometimes employees and employers would prefer to avoid an employment relationship. However, independent contractors can be treated as employees for the purpose of federal and state laws, including employment taxes, federal and state withholding, unemployment and workers compensation. The law looks at the facts of each situation, including behavioral control, financial control and the business relationship.

Behavioral Control covers facts that show whether the business has a right to direct and control how the work is done through instructions, training or other means.

Financial Control covers facts that show whether the business has a right to control the financial and business aspects of the worker's job. This includes:

The extent to which the worker has unreimbursed business expenses. The extent of the worker's investment in the facilities used in performing services. The extent to which the worker makes his or her services available to the relevant market. How the business pays the worker, and
The extent to which the worker can realize a profit or incur a loss.

Type of Relationship includes:

Written contracts describing the relationship the parties intended to create. The extent to which the worker is available to perform services for other, similar businesses, Whether the business provides the worker with employee - type benefits, such as insurance, a pension plan, vacation pay, or sick pay. The permanency of the relationship, and
The extent to which services performed by the worker are a key aspect of the regular business of the company.

Representative Clients:

AEC Architects
All American Bottling Corp., d/b/a Seven-Up Bottling Company of Oshkosh
Americom, Inc.
Anchor Bank, fsb
Central Wisconsin Orthopedics
CF Communications Corp.
CHAMCO
Chief Equipment, Inc.
CitizensFirst Credit Union
Crew, Inc
Evergreen Retirement Community
Grande Cheese
Lutheran Homes of Oshkosh
Mid-American Payphones, Inc.
Midwest Real Estate Development, Co.
M. V. Klinger Painting & Decorating, Inc.
Oakridge Gardens Nursing Center, Inc.
Oshkosh Area School District, Non-Teaching Employees Association
Oshkosh Area School District, Food Service Unit
Oshkosh Area School District, Oshkosh Paraprofessional Education Association
Packer Fabricating, Inc.
Wisconsin Pay Telephone Association; Labor Association of Wisconsin, Inc.

For more information on employment law, see our Employment Law Page

For a consultation with Kindt Phillips Friedman & Fremgen, call 920-231-1500 or contact us online

Serving northeastern Wisconsin, including Appleton, Oshkosh, Neenah, Fond Du Lac, Menasha, and other communities in Outagamie County, Winnebago County, Green Lake County, Waushara County, Waupaca County, and Calumet County.

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