BUSINESS LITIGATION
Generally, there are three types of litigation that a small business might find itself embroiled in.
(1) The first is litigation between partners or shareholders. This type of litigation involves a dispute over what happened to the profits of a business.
(2) The second involves an alleged breach of an agreement. Either a failure to perform; or, a failure to pay.
(3) The third type of litigation is the employer-employee dispute. There are five main types of employer-employee dispute in the state of Texas. (1) A contest over payment of unemployment benefits to an employee at will. The employer asserts that there was just cause for terminating the employment of the employee. The worker claims that it was an unjustified termination. (2) Post-worker’s compensation claim termination. The employee claims termination was an employer retaliation for the filing of the claim. (3) A wages-and-hours dispute. The employer asserts that the employee was exempt from the application of the Fair Labor Standards Act. The employee claims he/she should have been paid as an hourly wage employee and is therefore owed overtime pay. (4) A federal law discrimination claim. The employee claims that he/she was treated differently than other workers because of race, nationality, religion, gender, or age. (5) Private employment contract matters.
Each of these types of litigation can be complicated. The employer often feels that it is being victimized or unfairly accused. This can lead to ignoring an employee or ex-employee’s claim; or, an attempt to handle the claim in-house to save on attorney’s fees. This is a dangerous strategy.
The above-listed information is offered to the public for general information purposes only. It is not intended to be specific legal advice. It is not a substitute for personalized advice rendered by a legal professional based upon the individual facts of any particular case. Every legal matter is unique. The reader is encouraged to seek personalized legal counsel on their individual case. Stephen E. Menn does not offer tax advice. Stephen E. Menn is not board certified in any legal specialty by the Texas Board of Legal Specialization. Stephen E. Menn is an attorney licensed to practice law in the state of Texas since 1983. Stephen E. Menn has been licensed to practice law in federal court since 1985.