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Baton Rouge Business and Commercial Law Blog

What is a wrongful discharge and what options do employees have?

Obtaining and maintaining substantial employment is important to residents in Louisiana and elsewhere. This not only generates financial security but also provides an individual with purpose and satisfaction. Thus, losing a job for unlawful grounds could greatly disrupt a person's livelihood and reputation. Therefore, it is important to understand the recourses available to an employee for wrongful termination.

What is considered wrongful discharge and what options do employees have? Even when an employee's employment is "at-will" this does not mean it can be terminated at any time for any reason. If an employee is fired for discriminatory or other illegal grounds, this could open up the possibility for a lawsuit.

Past president of Louisiana College brings employment suit

Dealing with disputes and issues in the work environment is not pleasant and certainly is not easy to deal with. Whether it has been a long-term employment or not, when allegations are being spread about an employee, it is possible that an employer could be held liable for any damages arising from the situation. Because of that, certain steps are taken by an employer to protect them from such a suit.

Currently, employment litigation is taking place among the past and current presidents of Louisiana College. According to recent reports, Joe Aguillard, who was the president of the school for nine years up until 2014, has filed a suit against the school and its current president, Rick Brewer, who took over after him.

The types of construction defects that might harm a project

Being part of a construction project in Baton Rouge can be an eventful time. While many benefits can be experienced by the completion of a project, most construction projects are complex and have many details and working parts. Therefore, contractors and subcontractors have many obligations to uphold. In some cases, design deficiencies or defects might surface. While some of these might be minor, others may be material defects. When construction defects occur, this might be considered a breach of contract. Thus, parties to a construction contract should be aware of the common defects that can occur in a construction project.

In some cases, the common defects that occur in a construction project are costly. These often include those that deal with structural integrity; expansive soil; mechanical and electrical components; water intrusion; thermal and moisture protection; finishes and components such as doors, windows and glass.

How can you resolve a construction dispute?

Starting a construction project is often a major event. Much planning and preparing goes into a construction project, whether it is a house, commercial building, business or a high-rise. However, even with the most carefully planned construction venture, issues could present themselves. There might be delays, wrong material could be used, there are defects present or the job is not completed in accordance to the contract. This could result is serious disputes that could greatly impact the project.

How can you resolve a construction dispute? While there is no one way to solve a construction dispute, there are certain ways to address the problems present, calculate the damages and determine a fair resolution. The first way, which is the least formal method, is through negotiation. The parties involved could come to the table, discuss the matter and eventually come to a mutual agreement that will meet the needs of everyone.

Guiding you through business litigation matters

Whether you are just starting a business, making business reformations or taking steps to protect your business, the list of things to do never ends for business owners in Louisiana and elsewhere. Many people hope to rely on their company's or business's longevity for generations to come; therefore, owners and business executives must take careful consideration when dealing with any business law issues.

At Dunlap Fiore, LLC, our experienced legal team has dealt with countless business law issues including those matters that require litigation. In addition, we have helped companies in the Baton Rouge area successfully navigate and even avoid potential legal problems. When it comes to drafting business agreements, going to the negotiation table or representing a business when a business dispute arises from relationships between other companies, our focus is on meeting the needs and goals of our clients.

Nondisclosure agreements can prevent business disputes

Every day, entrepreneurs in Louisiana and elsewhere conduct research, make prototypes and place their new inventions in the marketplace. In some cases, these inventions can lead to lucrative contracts with other businesses who want to purchase or license them. However, the inventor should first take certain steps to protect their idea and prevent the theft or copying of their idea or invention.

A nondisclosure agreement, which is commonly referred to as a confidentiality agreement, can serve an inventor in many ways and provide many benefits. In some cases, an invention is not patentable. A patent could provide a significant amount of protection; however, if an invention cannot be patented, it is important to have potential customers sign a nondisclosure agreement.

What is a contract and what makes it enforceable?

Every day, businesses in Louisiana and elsewhere enter into agreements. To make these agreements legally enforceable, a contract is drafted and signed by the parties involved. Typically, the purpose of the agreement is memorialized through the terms of the contract; however, these terms are sometimes unclear or even sometimes not followed. Therefore, to ensure a proper and workable contract is entered into, it is important to understand what steps are needed to make an enforceable contract.

What is a contract and what makes it enforceable? A contract is defined as a legally enforceable agreement that creates an obligation to do something or not to do something between two or more parties. A party to a contract can be an individual person, a company or a corporation.

Emmy Rossum in contract dispute with Showtime regarding pay

Employees in Baton Rouge and other cities across the nation enter contracts with their employers. While employment contracts help designate certain terms such as the job description, salary and length of the contract, some contract terms are not always unambiguous. Thus, both employers and employees should always be prepared for contract disputes regarding the terms set forth in an employment contract, especially if contract disputes are to be settled through negotiation.

According to recent reports, actress Emmy Rossum is currently in an intense contract dispute. The "Shameless" star is in a dispute with Showtime, and this current battle could signify a major victory for female Hollywood actors.

Improving mergers and acquisitions in the healthcare industry

No matter what industry a company is in, major businesses in Louisiana and elsewhere have to make major decisions on a daily, weekly, quarterly or yearly basis. While these decisions or business deals might be minimal to the overall function of the company, others can alter the dynamics of the company. One such business deal is a merger and acquisition.

While an M&A can be beneficial within the healthcare industry, it is also a business transaction that could disrupt the normal functions of medical facilities. Therefore, it is suggested that healthcare organizations take on certain business strategies to ease the process.

What is the difference between a private and a public merger?

Companies and businesses in Louisiana and other states in the nation make decisions each and every day. Some of these decisions can greatly impact the company, causing them to take careful and proactive measures before and during these major business transactions. When preparing for a business merger, it is essential to understand what type of merger is in the best interest of the business. Specifically, whether a public or private merger is the appropriate step to take.

What is the difference between a private and a public merger? The best way to describe the difference is to understand why a company would want to make a public or private transaction or agreement in general.

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