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Reasons to Hire an Employer Defense Attorney

A skilled employer defense lawyer can help an employer solve a wide range of complex labor law and employment law problems that occur with employees. There are many reasons to retain an employer’s rights attorney, including: 

• Experience – With experience handling employment disputes, the attorney will know the law and understand the public policies that shape employment law matters. This experience helps the attorney defend the client against employee lawsuits.
• Efficiency – An attorney can provide legal services tailored to your specific needs. This means that costs can be mitigated to avoid wasting time or money on legal processes that may only serve to prolong the matter.
• Protection – An attorney can guide the business and management team through the entire process while protecting the company from further risk of liability.
• Results – Many employee disputes can be resolved without the costly and lengthy process of a trial before a jury or judge. An attorney can argue effectively on your behalf during settlement negotiations. If litigation is necessary, that attorney can provide a vigorous defense against the lawsuit. A skilled employer defense attorney may be able to gather factual documentation that demonstrates an employee’s claims are not substantiated.



Whether the matter involves a wage and hour claim, discrimination, or harassment allegations, or it stems from another employment dispute, an experienced employer’s rights lawyer can handle these complex legal challenges.

The Potential for Risks Involved with Employee Disputes

A strong defense is needed to protect the company’s interests when an employee brings forward legal claims that challenge a business. When employees sue their employers, the company may be liable for significant damages. In addition to monetary costs, the company may lose time while their efforts are focused on managing the lawsuit. When an employee brings legal action against an employer, it is possible that the lawsuit may draw the attention of other employees who also feel they have been wronged by the employer. The company may also suffer a blow to its reputation. If this happens, it may also negatively impact the company’s bottom line due to lost sales or damaged relationships with other employees, management, or vendors.

Depending on the type of dispute, the employer may also be facing investigations or compliance audits by regulatory agencies. California employers who are involved in pay disputes with employees may be liable for penalties and fines directly related to the employee’s rate of pay, deductions, or hours worked. In addition to the employer being held responsible, certain other individuals or supervisors may also be held personally liable. A skilled employer defense attorney can protect the employer’s interests.

Effective Strategies for Preventing Employee-Related Issues

The risk of liability for employee lawsuits may be reduced by having an employer defense attorney work closely with employers and management teams to identify areas of potential conflict. The employment defense lawyer can ensure employment policies and practices are clear and effective. The attorney can also guide employers to establish or revise training programs to provide sound procedures and practical reporting policies. Factual documentation should be a routine part of a management team’s responsibilities. With employment agreements, discharge papers, or severance contracts properly executed, the potential for employee disputes is reduced.

Under federal or state law, a business may be required to comply with employment-related training. For example, the law requires certain employers provide employees with a mandated amount of sexual harassment training. The training must also address harassment involving gender expression, sexual orientation, and gender identity. Having such mechanisms in place can help reduce or avoid employee claims and legal action from government agencies. With appropriate training, employees know what to expect in the workplace and they also know what to do when situations develop that extend outside the boundaries of the law. It’s possible to mitigate these disputes before reaching the litigation stage.

Advantages to Retaining a General Counsel Lawyer

Hiring an outside general counsel attorney has many advantages. In addition to getting high quality legal services in an effective, efficient manner, the business owner may find another benefit. Because the attorney has insider’s knowledge of the organization, the general counsel lawyer is able to provide business-driven insight. When the business owner has an idea, they can run it by the attorney who can provide advice and counsel on legal, ethical, and technical issues. By including an attorney in the “brainstorming” of ideas early in the process, a business owner can be confident their idea is properly executed within legal and regulatory boundaries.

Acting as outside general counsel, a lawyer can play a key role in a business. An outside general counsel provides agreed-upon services when needed. If the business owner has concerns about a particular matter, the attorney can listen and offer a business-centric perspective. A general counsel lawyer can deliver results with a certain level of responsiveness that is not possible with a traditional lawyer-client relationship. The outside general counsel will be able to recognize when a business owner’s idea may not be on target to achieve the desired outcome. The business owner can be given additional information necessary to make alternate plans for that idea. A general counsel attorney can become a trusted advisor.

General Counsel Attorney Increases the Bottom Line

When providing general counsel services, an attorney will understand the business objectives, business model and legal challenges. The attorney will recognize the way the business makes money, collects payments, and handles contractors. This knowledge can help the attorney structure deals more quickly. The attorney can influence the business owner and craft agreements that put the company in a better economic position. In this way, the general counsel lawyer can have a positive impact on a business’ bottom line.

Many times, legal decisions are intertwined with the Chief Financial Officer’s position. Having a general counsel attorney involved can ensure these decisions are within the boundaries of the law. A successful business requires financial systems and financial controls to be maintained properly. A general counsel lawyer can be proactive and save the company money by facilitating beneficial business transactions and well-drafted contracts. This is especially true for businesses in heavily regulated industries.

General Counsel Services Help Businesses Set Boundaries

Working with a general counsel attorney, a business owner may be more likely to set specific boundaries and define the scope of certain projects. This may occur in communications with the lawyer. This communication is critical since it compels the business owner to express the actions which must be completed in the project. Because these communications do not occur during an attorney’s billable hours, the business owner may not be inclined to force issues to be completed as quickly as possible. The business owner should be receptive to the customized advice from the general counsel lawyer.

The relationship between a general counsel attorney and a business owner can be different than the relationship a business owner has with a lawyer who is billing by the hour. With general counsel services, a business owner and the attorney have an established relationship and the business owner is more likely to be comfortable enough to trust the legal advice from the attorney. The general counsel attorney can help the business become more efficient through communications when the business owner fully visualizes concepts and projects.

A Business Transaction Can Help Ensure Your Business’ Success

When a business transaction is successful, it contributes to the profitability and continuity of operations within the company. A skilled business transaction attorney can assist with transactional matters to help ensure your business’ success. With a deep understanding of the business cycle, a business attorney can strategically position your company to accomplish legal objectives. With this guidance, you can make informed decisions, exploring and pursuing the most advantageous options.

A skilled business transaction lawyer works to protect and advance the clients’ interests. By looking toward the future, the attorney can identify areas that may be of concern for future liability. The attorney can negotiate or take steps to mitigate that risk before the deal is finalized. These actions can result in a significant cost savings, especially when well-drafted contracts and agreements hold up in court against litigation. Whether you are setting up business operations, selling a company, or closing a business, it is essential to have each transaction handled by a skilled business lawyer. When a business transaction is not handled properly or is poorly drafted, it may open the door for the risk of liability.

Updating Employee Policies May Cut Lawsuit Risk

Employers are responsible for creating and maintaining appropriate workplace standards. These uniform personnel policies should guide employee behavior while giving the employee actionable tools for certain situations. When these standardized practices are applied consistently to all employees, it can reduce the risk of liability to the employer. A business transaction attorney can help your company navigate the web of complex laws that guide employer-employee relations.

Creating an employee handbook may be the most efficient way for an employer to communicate critical information to all employees. Having an experienced lawyer draft the employee manual ensures all policies are within the boundaries of the law. It is important to update this manual regularly to keep up with new legal requirements. The employee handbook relays personnel practices to new employees as they are hired so the message is understood by all employees, regardless of their length of employment or position. Establishing policies for employers can help the company comply with employment laws. For example, independent contractor agreements should clearly identify the rights and obligations of each party. If elements are missing, the employer may be at risk of legal action from the employee.

To Own or to Lease the Business Property

Many business owners are comfortable leasing the land or building in which their company is located. Others have recognized the benefits of owning the real estate under their business. What would happen if your business was forced to move? Would your business or your clients easily adapt to a new environment? The Law Offices of Thomas S. Carter can evaluate your situation to determine whether leasing or purchasing commercial property will be the most beneficial. Call (909) 296-3360 to arrange for a legal consultation.

Buying your business’ property may bring more stability to your company and greater freedom because the pressure from a landlord is removed. The purchase of commercial property may help you cut the costs of renting while also increasing equity. If there are other tenants in the building you’ve purchased, the additional rent may become a source of independent income for you. Tax advantages may also be available. It may also be possible to grow or expand your business if additional office, warehouse, or storefront space is available. Attorney Thomas Carter assists clients with transactional issues involving leasing, selling, financing and developing commercial properties. He has experience handling these real estate law matters, and he is prepared to design a strategic plan to help you obtain your legal goals.

General Business Litigation 

At the Law Offices of Thomas S. Carter, we represent businesses and individuals in a broad range of business-related disputes that could not be resolved outside of court.

Litigation typically arises because parties are either unable or unwilling to work with each other to resolve their dispute. These cases may be based on breach of contract (whether due to miscommunication about the terms of a contract, failure to pay or deliver, the receipt of goods which do not meet expectations, or failure to deliver on time), the misappropriation of trade secrets, commercial lease or buy/sell disputes, employer/employee conflicts, or a multitude of other issues, both relatively simple and highly complex.

We also vigorously protect the rights of business owners and managers against lawsuits brought by employees. If not properly addressed immediately, employee conflicts requiring employer defense litigation can take a toll on a company. Our team is experienced at handling a wide range employment and labor disputes, and we work diligently to achieve outcomes that achieve your business goals.

Can Litigation be Avoided?

Litigation is both costly and time consuming. It also takes away from the day-to-day business operations because the owner/s or operating officers are distracted from their duties. Rather, they become focused on the dispute at hand, especially if they are involved in a particularly difficult, unusual, or extremely complex case.

Business Litigation may be avoided when the parties to an action make a good faith effort to resolve their dispute through settlement negotiations. The process is much less costly in terms of both time and money, and is less disruptive to the business overall.

A highly skilled and seasoned negotiator, Attorney Thomas Carter has been helping companies of all sizes avoid litigation for more than ten years. Mr. Carter puts his extraordinary negotiating skills to work on behalf of clients seeking to settle their matter outside of court. Please contact us at (909) 296-3360 for additional information or to schedule a free, in-depth consultation.

What are Business Torts?

Business Torts are a category of causes of action that arise due to harm caused to a company’s reputation, intellectual property rights, and business relationships. Due to this classification, the actions taken against your company must be intentional, negligent, or reckless. Unlike most other business matters that end up being litigated, the plaintiff company may be entitled to receive punitive damages because of another’s actions. A few examples of business torts include:

• Civil Conspiracy
• Fraudulent Misrepresentation of another’s Business
• Interfering with a company’s current or prospective business contract or relationship
• Theft or Misappropriation of Trade Secrets
• Tortious Breach of Contract
• Trade Libel
• 
  

These cases are generally very complicated, and the plaintiff must successfully establish several elements in order to prevail. This includes proving that the defendant had a duty to act in good faith and failed to do so, causing harm to come to the business.

Business Litigation Lawyer Thomas S. Carter has spent more than ten years fighting zealously to preserve and protect the interests of his business clients, whether sole proprietorships or corporations. To obtain more information and learn if your circumstances fall under this category, you may contact us via email or call (909) 296-3360 to schedule a free consultation with one of the area’s leading business attorneys.

Contracts Are Effective Business Tools

There are many ways in which written business contracts function as strategic tools for business owners. As legal documents, they support and enforce a company’s decisions on certain matters and work to protect the company and its owners from liability. Successful contracts clearly outline the expectations that each party involved has agreed to. This works wonders in eliminating misunderstandings when dealing with other businesses or outside vendors. Business contracts often specify the cost and quantity of the goods or services being provided. This is beneficial to businesses because the price has been negotiated and established. Such a locked-in price cannot be increased or decreased without notice. Stability in pricing aids a business in staying on budget.

Business contracts also help companies focus on gaining objectives. When a contract is clear about the company’s position, it is no longer open to interpretation. Misunderstandings are thus avoided, including those that could otherwise occur within the company itself. A contract’s terms and conditions must be fulfilled, including the completion of the work in the manner specified. Companies may find this a strategic advantage as it focuses efforts in the desired direction.

Why a Partnership Agreement is Important

Formalizing the arrangement of business partners is beneficial for multiple reasons. Individuals often start a new business venture enthusiastically. Most details are agreed on, but there are usually issues that are not discussed. Having a written partnership contract will help each party understand the expectations held by the other party. This agreement acts to protect the business as well as the partners themselves from liability. It also effectively protects the investments made in the event that a misunderstanding occurs between the partners. The agreement spells out who controls specific aspects of the business.

A partnership agreement may also provide direction on what each partner will do if an unexpected situation occurs. It may be that at some point, the partners are unable to agree on some important issue. In such a case, a contract could have already specified that mediation will be used. This can contain the dispute and keep it from becoming a costly courtroom situation. Partnership agreements also help guide the parties as the business grows or perhaps dissolves. The contract should outline what will be done if the business underperforms or if one partner has a change of circumstances such as becoming disabled, filing for bankruptcy, or passes away. Each scenario could negatively impact the business. Partnership contracts are a protection for each party involved and their investments.

Customizing Each Business Contract

Business contracts are complex legal tools that protect business owners and their companies from liability. Customization of the contract is necessary to ensure that it is enforceable and will endure a dispute if one should arise. While some contracts can appear to be similar, it is vital that a knowledgeable attorney handles the drafting, preparation, or review of the contract before it is signed. It is not advisable to use a generic template to create a business contract.

Just as every business is unique to its industry, their business contracts also need to be. They must reflect the goals of the company. A contract must not only line up with business objectives and growth goals, but it must also stay in compliance with local, state, and federal guidelines. Every industry has specific sections and provisions that are required in contracts. As an example, the requirements for contracts of a construction company will be different from the requirements for contracts of a barber shop. Additionally, legislation affecting different industries can change and often does. A contract that was effective last year may require significant updates to remain in compliance with current regulations. As a contract is an enforceable and legally binding document, it is vital that it include the required elements so as to avoid failing in court.

What Can Happen When A Contractor is Not Paid

At a construction site, there are many things that depend on contractors completing their obligations. At times, conflicts may arise between the property owner and the contractor. The dispute may be over non-payment. In circumstances where a contractor is not paid, they may be inclined to pull off that project. However, if the contractor quits before the work is completed, it may spell disaster for the entire job. Other suppliers may have their schedules pushed back which can throw off the whole timeline.

Before the contractor walks away from the job, it would be wise for them to first examine the contract’s terms and conditions. Is there clear language that details a contractor’s right to halt the work for non-payment? Does the contract state the contractor must first give a 7-day notice prior to a work stoppage? Perhaps the contract allows for an extension and specifies when the work needs to be restarted. If the contractor fails to complete the job and violates the terms of the contract, there may be severe consequences for the contractor. A knowledgeable business attorney can review construction contracts and negotiate favorable terms for clients. Having clear language in a construction contract can protect the contractor and the property owner in the event of a dispute.

Items to Consider Prior to Becoming a Franchise Owner

Franchise opportunities can be found in many different industries. Whether you are considering franchise ownership of a restaurant or fast food enterprise, a storage company, or a dental practice, there are many items to consider before signing the contract. Entrepreneurs who are looking for success with a proven business model must first determine if that particular franchise is a good fit for their lifestyle and personality. By doing your own research on a company, you can learn about the company, its culture, and its relationship to company headquarters and other related operations.

If you want to become a franchisee, it is critical to carefully read all franchise contracts and documents. Having a business attorney review the contracts before you commit can contribute greatly to your franchise’s success. The attorney will ensure that you understand your rights and obligations. The attorney will also assess the franchise’s potential impact on your financial health. There may be items built into the deal that you need to add into your franchisee budget. For example, a franchisee may be required to send to headquarters a predetermined amount for marketing, even though the franchisee does not have a say in the way those marketing dollars are spent. In addition to researching the company and retaining an experienced lawyer, you may also learn valuable insight by working for a day inside one of the company’s established or newly opened franchise locations.