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September 2017 Archives

Defending against allegations of construction defects

In Louisiana and throughout the nation, one business that is generally immune to extended lulls is the construction industry. Where there is land, there will be people who want to build on it. With that, construction is a potentially lucrative endeavor in both commercial and private settings. However, it is not without its risks. People who are unhappy with a project might try to find ways to get out of paying companies for the work they did. There could be complaints that are not legitimate. Understanding typical construction defects is integral to defending a lawsuit and companies should be aware of them.

A confidentiality agreement is important in business law

Louisiana businesses that have products or ideas that they would like to protect but must share with others to move forward in their business goals should be aware of the need for a confidentiality agreement. Also referred to as a nondisclosure agreement (NDA), this is when a party agrees to keep details of a product or item secret while they are in business together. With this agreement, the individual will not have the ability to share this information later. When there is a confidentiality agreement dispute, it is imperative to have legal help to settle it as the future of the product and business often hinges on it.

What are employer's rights with a worker returning from FMLA?

Louisiana workers who are eligible to take advantage of the benefits offered through the Family and Medical Leave Act are perfectly within their rights to do so provided the various criteria for eligibility are met. However, the employer's perspective is often lost in the shuffle. While employees certain have rights, so too do employers. If there is an issue with FMLA, many people are quick to cite employment law and try to file a legal case. But employers have the right to protect from lawsuits if they are working within the laws of the FMLA. Understanding when a case is frivolous and unfair is imperative for a business that is facing allegations of wrongdoing.

Employer liability claims and tangible employment action

Businesses that must make certain they are protected from employer liability claims when there are allegations of harassment will undoubtedly be aware of certain legal terms. One is "tangible employment action." When there are claims that a violation of employment law has taken place and an employee or former employee alleges sexual harassment, tangible employment action can be a key to the case.

Employers are protected from allegations of violating ADA

Louisiana employers will often be the target of allegations that they have committed a violation of the Americans with Disabilities Act (ADA) and this can lead to a lawsuit from the person who makes the claim. The ADA is designed to protect people who are disabled by giving them the same opportunity to work as those who are not disabled. That said, employers are not obligated to hire people who are disabled. They are simply required to consider them. There are factors that regulate alterations to the workplace to accommodate a disabled person. It is imperative for employers to understand how this law works to be shielded from unfair lawsuits.

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