Legal Question in Business Law in Virginia

Hello,

I own a small business and will be out of commission for several months (medical reasons). I've been training my assistant to take over for me in my absence, but I want to ensure I am protected against the following:

1) Any legal issues/lawsuits that arise in my absence (not expecting this, of course):

--My business is a single member LLC. I do not have employees; I have "teammates" (i.e. contractors). Am I legally accountable for actions they take when operating within my business name (I do make it clear that I "work with them." They are my "team." I never call them my employees, but I do refer to under the business name.)

2) Losing ownership of the business (not being allowed to resume control when I am well):

---I have stated very specifically that my assistant will be acting manager, but not owner, of the company. Is this enough to prevent #2?

3) What can I do if my assistant does something to damage the company (for example, neglects it) during my absence? I highly, HIGHLY doubt this will occur as she is fantastic, but "stranger things," as they say, have happened. If it's possible to somehow safeguard against that via a clause in the (tentative) joint venture agreement I've drawn up, I'd like to do so.

Thanks in advance for any input!


Asked on 4/30/11, 9:25 pm

1 Answer from Attorneys
Kevin B. Murphy Franchise Foundations, APC

As a Franchise Attorney I can only say the following. This is a forum for answers to relatively simple legal questions. It is not a substitute for a legal consultation that is very much required in the various issues presented by your question. Consult with a good business or franchise attorney in your area for specific advice.

Mr. Franchise - Kevin B. Murphy, B.S., M.B.A., J.D.

Franchise Foundations, a Professional Corporation

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Answered on 5/01/11, 7:24 am


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