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Employment Agreements vs. Independent Contractor Agreements: What Founders Should Know
Startups often rely on both employees and independent contractors. But these are legally distinct relationships - and using the wrong type of agreement can create serious legal and financial risks. Misclassification can lead to tax penalties, lawsuits, and regulatory violations, especially in strict states like California and New York.
Offer Letters for Startups: What Founders Need to Know
Hiring your first employees is an exciting milestone. But it’s not enough to agree on salary with a handshake. A clear, well-drafted offer letter sets expectations, outlines key terms, and helps reduce the risk of misunderstandings later.
Fired or Quit? Why It Matters Legally for Your Startup
When someone leaves your company, founders often want to just “move on” - but whether the departure was voluntary or involuntary has lasting legal and financial consequences. From unemployment claims to final pay rules, the details matter.
FAQs
Open allWhat happens if a startup skips compliance steps during onboarding?
You risk fines, penalties, or lawsuits. For example, missing wage notices or payroll setup can trigger regulatory issues.
How soon should onboarding start?
Before day one. Send documents and policies in advance so the employee begins with clarity and confidence.
What legal documents are required for new hires?
At minimum, U.S. employees need an offer letter, I-9, W-4, and confidentiality/IP agreements. Some states require additional wage notices.
Do startups really need formal onboarding?
Yes. Even with a small team, onboarding helps establish culture, set expectations, and avoid compliance mistakes.
When should startups use contractors instead of employees?
Contractors are best for short-term, specialized, or non-core projects. Employees are necessary for ongoing roles central to your business.
Why does contractor misclassification matter to investors?
It creates legal and financial liabilities. Investors want clean workforce records to avoid unexpected tax or compliance risks.
Can I just call someone a contractor to avoid employment laws?
No. Classification depends on the actual working relationship, not the job title or contract language.
What’s the biggest difference between a contractor and an employee?
Contractors control how they do their work and usually operate independently. Employees work under your direction and are integrated into your business.
Why are offer letters important in startups?
They clarify compensation, benefits, and employment terms, reducing the risk of disputes and protecting the company legally.
Do equity grants need formal documentation?
Absolutely. Grants should be approved by the board, backed by a 409A valuation, and issued through a written equity plan.
What’s the standard vesting schedule for startup equity?
Most startups use a 4-year vesting schedule with a 1-year cliff to ensure commitment and retention.
Should founders take a salary in the early stages?
Yes, but it should be modest. Paying yourself something demonstrates value for your time, but it shouldn’t jeopardize the company’s survival.
Can I fire an employee “at will” without risk?
Not entirely. Wrongful termination, discrimination, or retaliation claims are still possible. Document performance and follow fair processes.
What happens if I don’t comply with wage and hour laws?
You could face penalties, lawsuits, and government audits. Startups must track hours and pay overtime where required.
Do small startups need employee handbooks?
Yes. A handbook sets clear expectations and helps protect against legal claims, even for small teams.