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Baton Rouge Business and Commercial Law Blog

Helping you assert an employer liability defense action

Business owners of all sizes have a variety of daily issues they might encounter. In fact, every year, there is a laundry list of required legal issues that business and company owners in Louisiana and other states across the nation must address. One frequently encountered area of law is employment law because a company cannot thrive without the working parts of its employees. And unfortunately, employers face minor and major obstacles when hiring small and large staffs.

At Dunlap Fiore, LLC, our legal team understands that employers want to take every necessary step to not only protect themselves but also the longevity of the company. Therefore, we are dedicated to helping businesses in the Baton Rouge are navigate employer liability claims.

The components of a contract and how disputes arise

Business of all sizes in Louisiana and elsewhere enter contracts in the normal course of business. Whether these are simple contracts, employment contracts, vendor agreements or major sale contracts, a business contract can have many layers to it, making it important that all parties to the agreement understand what they are agreeing to. Taking such a step could help the parties avoid a contract dispute or help them better navigate a resolution if one ensues.

For those running a business, a business contract is the most common legal transaction that will occur. No matter what type of business it is or the size of the company, the key to creating a sound business agreement is ensuring that it is legally enforceable.

What is a confidentiality agreement?

When businesses and companies of all sizes in Louisiana and elsewhere hire employees, they take steps to protect the interests of the company as well as all the employees working at the business. In order to do this, certain documents are signed when new employees are hired. One of these documents is known as a confidentiality agreement.

What is a confidentiality agreement? Because the business world can be a harsh world, businesses need to take extreme steps to ensure that private information of the company remains private. This means taking the extra steps to certify that employees are aware of this situation and will not share this confidential information with another party or another business.

Louisiana woman asserts discrimination and wrongful termination

As a previous post discussed, employers could have claims asserted against them if an employee believes the person was wrongfully fired or laid off. Moreover, employment litigation could arise when an employee believes the person has been a victim of discrimination, which could also be asserted in a wrongful termination claim. In these matters, an employer needs to take certain steps to protect themselves and the company, providing evidence that such acts did not take place in the work environment.

Based on recent reports, an African American Tanipahoa Parish woman filed a suit against a Chevrolet dealership, her former employer. The woman alleges that she was a victim of discrimination is the workplace and was wrongfully terminated form her position, which would be a violation of Title VII of the 1964 Civil Rights Act.

Understanding wrongful termination claims

Securing a job can be difficult for some residents in Baton Rouge. And even when an individual has been employed for some time, job security is not always guaranteed. Therefore, employees in Louisiana and elsewhere are often fearful of losing the person's job. Whether it is due to downsizing, poor performance or reasons related to the structure of the actual company, employees often question if the person were rightfully laid off or let go.

Issues related to wrongful termination are not only concerning for employees but for employers as well. If an employee claims that the person was wrongfully discharged, the individual could hold the employer liable for this and collect damages arising for the situation. Thus, it is important that employers take steps to protect themselves from this type of employer liability claim.

What are common types of construction defects?

Whether you are building a home or remodeling one, the entire process can be a long and complex. In some cases, this could require several workers, such as contractors and subcontractors, and various types of materials. For some construction projects, specific materials are required. If a builder fails to provide this material, this could greatly reduce the value of the home. Moreover, if the material used is defective, this could result in a serious construction dispute.

What are common types of construction defects? Defects often resulting in construction litigation include mold, water issues, electrical system problems, landscaping and soil issues, faulty drainage on the property, cracks in the foundation, floor, wall and roof, dry rot, structural failure and heating and electrical problems.

Helping you devise a strategy to overcome a construction dispute

Whether you are seeking to build a home, business, an addition to an existing building, a commercial complex, a road, bridge or any other type of structure, there are often many working parts to a construction project in Louisiana and elsewhere. Thus, when issues occur, parties fail to uphold their obligations, there are major delays or even construction defects, construction disputes are likely to emerge.

At Dunlap Fiore, LLC, our experienced attorneys are dedicated to helping project owners, general contractors, subcontractors, design professionals, equipment suppliers and construction lenders in the Baton Rouge area. Whether you are facing construction project issues due to withheld payments, lien claims, defective work, delays, defective designs or claims for additional work, our legal team has the skills and resources necessary to help our clients overcome these challenges.

Reducing employer liability with a driver safety program

Employers in Louisiana and elsewhere have to take certain steps to meet the needs of their employees. This does not only serve to protect the health and wellbeing of the employees but also protects an employer from an employer liability claim. By taking the initiative to implement specific programs in the workplace, information and guidelines could be shared among employees. This step could also help to protect from a lawsuit if certain incidents or accidents occur in the workplace.

Employer liability could occur when an employee is injured or killed in a motor vehicle accident. Such actions could occur if an employee is injured while they are both on and off the job. However, this is not the case for all employees and employers. For example, the likelihood of employer liability occurring due to an automobile accident is higher in industries involving a large fleet of vehicles, mobile sales forces or employees with long commutes.

What are the fiduciary duties of board members?

When business relationships are formed in Louisiana and elsewhere, certain duties are required to be met by the parties or members of a business. Failing to meet such duties does not only hurt the business relationship formed but could also impact the overall function of a business.

One such duty is known as a fiduciary duty and, in simplified terms, means that the named fiduciary is bound by law to act in the interest of the other party. In sum, a fiduciary must act in such a way to ensure that they provide the greatest benefit to the other party. Moreover, the fiduciary is also required to avoid certain circumstance where their interests may be in conflict with those of the other party.

Kesha announces first tour after dramatic contract dispute

Louisiana residents understand that entertainers enter employment or business contracts similar to regular employees in the state and elsewhere. And, while these contracts spell out basic terms of employment or a business arrangement, these do not prevent contract disputes from occurring. In fact, if one party to the contract believes that there was a major or even minor breach of contract, this could result in a major dispute that requires business litigation.

By now, most people are familiar with the singer and entertainer Kesha and her long-running litigation with her producer, who is known as Dr. Luke. Back in 2014, Kesha sued her producer in Los Angeles for allegations of sexual, physical and mental abuse while Dr. Luke sued her in New York for defamation and breach of contract. In June of 2015, Kesha's claims alleged in L.A. were put on hold because her current contract required that the legal issues in New York be resolved first.

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Dunlap Fiore Attorneys at Law

Dunlap Fiore, LLC
One American Place, Ste 810
Baton Rouge, LA 70825
Phone 225-910-8189
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