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Employer-employee legal troubles in the workplace

Dealing with labor or employment litigation issues can be a troubling endeavor. You may be concerned about worsening your situation at work accidentally. You may even have concerns that you could end up fired if you bring attention to a bad situation. However, there are protective measures that you can take to ensure that you don’t have to keep suffering in a poor work situation in silence.

Employees like you can face a number of issues in the work place. Even though there are many labor laws in place in a number of states that are meant to fight against discrimination, aimless termination or other similar issues, that does not mean every employer will heed these laws. The number of legal issues in business that you may face can include:

  •          Intellectual property infringement
  •          Title VII disputes
  •          Retaliatory discharge allegations
  •          Wrongful termination
  •          Discrimination in the workplace based on gender, race or age
  •          Sexual harassment
  •          Wage claims and unemployment
  •          Wage and hour disputes

What is a breach of contract?

The term “breach of contract” is not entirely uncommon and many people may have heard of it before. However, familiarity does not mean that everyone understands its definition. Despite how straightforward the term may seem, there are actually several requirements that are necessary in order for something to be deemed a viable breach of contract.

According to the Judicial Education Center, a breach of contract means that any part of a contract has been broken, or any terms of the contract have not been fulfilled. If there is no legal excuse for the aforementioned things to have happened, then any party that was part of the contract can claim a breach. At this point, the argument is usually taken to court in order to settle it properly. However, a breach can also be called even if the terms of the contract were met. If the terms were not up to industry standard or a warranty, then it is considered a breach.

Different areas of real estate litigation and their documents

If you find yourself needing to deal with matters of real estate litigation, it can be complicated and confusing. Real estate litigation usually comes with a lot of paperwork and terminology that is unique to the topic. This can make it difficult for you to understand what you need to do.

First of all, you may wish to determine what area of real estate litigation your particular case would be filed under. There are many different types and each type comes with its own set of documents and requirements. Some types of real estate litigation can include boundary or construction disputes, lease agreements, slander of title, quiet title actions, mechanics liens, nonpayment, commercial leases, or disputes from commercial landlords or tenants. Commercial and residential real estate also fall under the real estate litigation section.

What is probate litigation?

Probate litigation is a term that many will come to know if they have lots of properties, multiple bank accounts, a large number of gifts, or sizeable estates. Many people may also recognize it as a term that is tied to wills. Wills are written by the deceased to distribute their property and belongings. So what is probate litigation, exactly?

The definition is laid out by Newsmax, where it is stated that probate litigation essentially boils down to contesting a will. If a will determines who gets what, then probate litigation exists in order to ensure that the will is both fair and feasible. However, probate litigation follows a very strict timeline. Probate courts refuse to file claims over the deadline even if they are very legitimate. This means that anyone who believes they have a reason to file a probate claim should do so as quickly as possible.

Different types of probate litigation issues you may face

Probate litigation can be a tricky field for you to traverse by yourself. There are many unusual troubles that crop up surrounding probate litigation. We at The Jackson Law Firm aim to help you find your way by providing you with useful information.

You may be experiencing any number of different issues that can arise in the field of probate litigation. These issues can involve debt collection, ERISA benefit discrepancies, fiduciary misconduct, will contests and more. These are areas of the law in which you may find yourself struggling due to the unique aspects of it, or because probate litigation is not an often talked-about area of law.

Couple is over $25,000 in the hole after contractors bail

A breach of contract can happen in any business arrangement, which is a rather unfortunate reality that many people have to face. This includes agreements between a customer and a business, which is usually the case when people hire home renovators who are working on a contractual basis.

For example, one couple from Galveston is now involved in a contracting dispute in which they sued a general contractor over a case of home remodeling. They have claimed that both miscommunication and negligence are the fuel behind this suit, including negligent misrepresentation. The couple reportedly paid over $25,000 for a home remodeling job that was never finished. When they attempted to contact Demus L. Westmoreland of Galveston to work out the issue, he allegedly did not appear for any of the meetings.

Dealing with the potential of business dissolution

One of the hardest things that can happen to your business partnership is the potential of dissolution. However, there are some cases in which this is simply unavoidable due to various circumstances, and it therefore becomes imperative for you to know when to cut your losses and when to seek more professional means of dividing up your business.

Sometimes referred to as “business divorce”, dissolution is the ultimate outcome of irreconcilable differences between business partners. Whether it’s because you and your partner(s) have differing values, different models of business, different goals or different ideas of how your business should run, there may simply be some hurdles of opinion and thought that can’t be jumped. Over time, this could lead to you building up resentment toward your business partners which could end in you simply being unable to overcome any future challenges together.

How torts and business interact

The world of business is one that is filled with many potential hazards, making proper navigation a key component to success. In order to stay afloat, one must be aware of as many hazards as possible and know how to recognize them in order to avoid what can be circumvented.

Likewise, a person should be familiar with the terms that they may run across. One such term is tort. In short, a tort is a civil wrong in which the responsible party, called the tortfeasor, has caused undue damage, stress or loss to another party. This can be intentional or unintentional. It can also involve more than two parties, as is the case with tortious interference. Cornell University describes this as a situation in which the tortfeasor interferes with a contractual or business relationship. It can also include the tortfeasor involving a third party to scorn the plaintiff’s relationships.

How does employment law cover pregnancy in Texas?

When one of your employees becomes pregnant, you may have some concerns about whether she will be able to continue performing her job duties and if she’ll continue as an employee after the baby is born. It might seem easier and more beneficial to the business just to let the employee go, especially if complications arise during the pregnancy. However, there are laws in Texas that protect pregnant employees from discrimination and wrongful termination. It is usually in your company’s best interests to take the needs of your pregnant employee into consideration and attempt to reach a resolution that benefits all.

According to the Texas Workforce Commission's page on pregnancy rights, if you have more than 15 employees in your company, pregnant employees are protected by federal and state laws regarding pregnancy and discrimination. This includes the Family and Medical Leave Act if there are more than 50 employees in the business. Terminating a pregnant employee without reasonable cause could result in an unemployment claim or unfavorable business litigation.

Strong, unique trademarks are better protected from infringement

There are few things that can be as fun, exciting and creative for company executives as creating a business trademark, whether starting a new business or modernizing the look of an established company. Trademarks are arguably the most identifying feature of a business. A strong and unique trademark can help consumers identify a company at a glance, whether it’s a locally-known Texas supermarket chain or a nationally-recognized auto brand. 

However, just as with many other business aspects, trademarks can be copied or infringed upon. This is one reason why it’s important to establish a distinctive trademark that’s easily distinguished from others. To create a strong trademark (and to prevent accidentally infringing upon others), the International Trademark Association’s website provides several suggestions: 

  • Invent or coin a term for the trademark that has no meaning to other businesses or individuals.
  • Use a dictionary definition or phrase that is unrelated to the company’s services or products but creates interest.
  • Design a stylized symbol, pattern or letter that’s unlike others in the business world and can become easily recognizable or even iconic.
  • Search business directories and online for trademarks in the preferred region of business before settling on a design.
  • Be aware of local phrases and customs so that a trademark does not accidentally offend or confuse foreign customers. 
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