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Understanding the critical basics of contracts

Businesses in Louisiana must understand contracts not just to provide the goods and services that are part of their area of expertise, but as a method to protect themselves from legal issues and allegations. Having a grasp of the basics regarding contracts is one of the most understated - and critical - parts of running a business. As always, any business must make certain it is protected under the law by having assistance from a law firm that is well-versed in helping companies and protecting them from allegations of breach of contract and other problems.

When two or more parties agree to do or not to do certain things, it is a contract. This is legally enforceable. The word "party" refers to individuals, companies or other legal entities. There are basic elements in every contract. The parties must be competent to enter into a contract for it to be legal. A mutual agreement must be made by all parties with these agreements stipulating what acts will be performed, what is not required based on the contract or if there are certain acts that a person who is agreeing to the contract will not perform.

Allegations of construction defects requires strong defense

Companies that work in the construction industry in Louisiana will have a variety of demands placed upon them by their clients. This is true in the public and private sector. Many companies will do extensive work in both. Part of taking on these difficult projects is adhering to the desires of the client. If there are disputes regarding the work that was done or there is an issue with the construction and it is believed to be substandard or outright dangerous, then there is a chance that the will be construction litigation.

Often, these are viewed from the perspective of the property owner. The construction company is viewed as having done something wrong such as cut corners. This perception is not always the case. Businesses need to protect their interests with a law firm that knows how to defend against unfounded or misplaced allegations. Since land is expensive and is a major investment, people will expect perfection when they hire a company to do construction work. Defects certainly do occur, but it is not necessarily the responsibility of the construction company or a contractor.

Louisiana politician denies sexual harassment allegations

People in the public eye in Louisiana and across the nation are often the target of accusations regarding their conduct. Sexual harassment, mistreatment, abusive behaviors and other violations of employment regulations are common. That, however, does not mean they are true. While employees are protected from this treatment under employment law, so too are the employers and those in supervisory positions. This is applicable for the public and private sector. Those who are accused of wrongdoing must make certain they protect themselves with help from a qualified attorney.

The Louisiana Secretary of State has been accused of sexual harassment in a lawsuit. The woman who filed the case asserts that the man committed various acts over a 10-year period. When she rejected him, she says she was retaliated against. She says that he sent her unsolicited Valentine's Day cards, gave her a variety of gifts - some of which were sex-related - and refused to accept her lack of interest. For his part, he says that they did have a relationship and that it was consensual. The attorney for the woman denies this on behalf of her client.

Alleged civil rights violation sparks lawsuit against college

Employment litigation can come about for numerous reasons and some of the most damaging to a Louisiana business or institution are when there are allegations of discrimination. For an employer confronted with allegations of civil rights violations and a dismissal or refusal to hire someone because of religious reasons, it can cause long-term problems if they do not lodge a strong defense. Having a law firm that is experienced in employment law is integral to crafting a defense against these allegations.

A football coach who applied for a job at a Baptist college in Louisiana is alleging that the president of the school refused to allow his hiring because the coach has "Jewish blood." The coach, 28, filed a lawsuit against the school and its president saying that his civil rights were violated. The coach had attended the school and applied to be the team's defensive backs coach. After being interviewed and recommended for the job by the head coach, he was informed of the refusal to hire him because he is Jewish. He took a job in Arkansas for less money than he would have gotten in the job in Louisiana.

Former employee faces accusations related to unfair competition

Business in Louisiana is tough. Success requires not just intuition, intelligence and knowhow, but also self-protection. There is a constantly looming threat that issues of unfair competition will arise. Often, this happens with former employees. Even if there was an agreement that there would not be direct competition, that frequently goes by the wayside when the former employee decides to start a competing business. This is when it is vital to understand how to move forward with business litigation with help from a law firm that is experienced in helping businesses protect their interests.

A restaurant that had left a previous location on the alleged advice of a former employee has filed a lawsuit when that former employee started a restaurant of his own at that spot. The site was where they began their business and they are now filing a lawsuit to prevent the new restaurant from opening. The married couple that started the chain filed the case in New Orleans against the former employee. The employee had been their head of business development. Over the last 10 years, the business rose to have 10 different locations extending from New Orleans to Florida.

Understanding variances of offer and acceptance

When people go into business with one another in Louisiana, having a contract is a safe way to ensure that both sides are treated fairly and get what they intended from the relationship. There can, however, be confusion as to exactly what constitutes a contract, particularly when it comes to offer and acceptance of said contract. Understanding the different types of contracts that can be used to come to an agreement about the work and what to do if there is confusion regarding the contract is imperative to a business. This can avoid legal issues, such as a breach of contract and subsequent litigation or defend against it if it does come up.

When there is a contract, one party has made an offer and the other party has accepted it. It can mean anything in terms of business from the simple to the complex. One common cause of disagreement is if it is a verbal contract and whether that is legally binding. In addition, silence after an offer is made can be a source of confusion.

Breach of contract alleged against Louisiana attorney general

Contract disputes are often viewed as being part of private business. However, these can arise in any kind of business, public or private. One such circumstance is when there is a contract dispute when governmental employees believe they should be granted a contract extension and political factors are alleged to be one of the main issues for the disagreement. For those who are facing claims related to breach of contract, a contract dispute or are confronted with litigation, it is crucial to have legal assistance from a law firm that is well-versed in contracts.

For example, a former state senator has filed a lawsuit against the Louisiana attorney general (AG). The former senator asserts that the AG refused to approve a contract extension as legal counsel. He alleges that the act is an abuse of office and is in violation of state law.

How does the WARN Act affect employers planning mass layoffs?

In Louisiana, when there are workers laid off, the initial reaction is to look negatively on the employer. However, there are often justifiable reasons that a company will do extensive layoffs. In addition, they are legally allowed to make this decision based on employment law.

The Worker Adjustment and Retraining Notification Act (WARN) came into being nearly three decades ago. It is designed to protect workers, but it also gives guidelines for employers who are making mass layoffs and shields them from liability provided they comply with the law. When there are allegations of wrongdoing, understanding the WARN Act can help employers show they were adhering to employment regulations and protect from lawsuits.

Former head of police commission claims employment law violations

Today's climate is highlighting various employment issues that might have gone unnoticed in the past in Louisiana and across the nation. While that public scrutiny focuses on sexual harassment, other problems are also gaining newfound attention, such as retaliation and wrongful discharge. People who believe they have been treated this way are free to file employment litigation. But, since there is an almost reflexive belief that the defendants are guilty even if they are not, employers also must protect themselves from legal filings with assistance from a law firm that focuses on employment law from their perspective.

A lawsuit was filed by the former executive director of the State Police Commission asserting that she faced retaliation because of several issues related to alleged illegal campaign contributions. The former head was in her job for eight years. She resigned when there was a scandal over the campaign contributions. She says members of the committee told her they were going to use a public forum to subject her to humiliation.

Former school president moves forward with employment litigation

When there is an ongoing employment dispute between an employer and a former employee, there is a chance that employment litigation will be part of the process, sometimes, on a repeated basis. For these employers, it can be a troublesome time, if they are forced to defend themselves when decisions are made and disagreements are alleged with an employee. It is imperative that they protect themselves whether they are in the public or private sector and do so with a law firm that is experienced in employment law from the employer's perspective.

A former president at a college in Louisiana who resigned after two attempts on the part of the school to remove him has filed a lawsuit against the school. The man asserts that he faced disability discrimination because he required a heart procedure after a heart attack in 2011.

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