Florida Business Litigation Lawyer Blog

The Faithful Servant Doctrine is a doctrine established in various courts that requires an employee to [disgorge 00:00:11] or repay the monies that he obtained or she obtained from the employer when the employee is being disloyal. An example would be where the employee is operating a competing business while still working for the employer.…

Piercing the corporate veil is a way to go behind the corporate form. Typically, people will incorporate the corporation to limit their liability, their risk to the investment in the corporation. It’s very difficult to go behind that corporate veil, which is the corporate entity, to protect your investment in the corporation, but there are…

Vicarious liability is when one party is held liable for the acts of another. For example, an agent of another person goes and commits an act, for example, an accident. The person who is the principal who hired that agent can be sometimes responsible for the agent’s act. That’s called vicarious liability.

Severance pay is either a voluntary payment by an employer when an employee is terminated, where the employer will pay the employee some money to ease the transition while the employee looks for new employment. Sometimes there is a contractual obligation to pay severance pay in the employment agreement. Many executives, for example, have contractual…

Unlawful employment discrimination typically is created by Statute. For example, an employee has a Workers’ Compensation claim and the employer then terminates the employee. There are laws in Florida that bar or prohibit the employer from discriminating based on Workers’ Compensation retaliation. Other laws would include laws prohibiting race discrimination, discrimination based on the gender…

The legal name of a business is the corporate name typically. If you have a corporation such as IBM Inc., that’s its legal name. It may do business in other name, which are called fictitious names, but the legal name is typically the corporate name, or if it’s a partnership, the partnership name.

The Fair Labor Standards Act is a federal statute that governs payment of wages. It prohibits, for example, certain types of child labor, it requires the payment of overtime wages in certain circumstances and it requires the payment of minimum wages in certain circumstances. It also has a separate provision about employment discrimination based on…

The main difference between an independent contractor and employee, is an employee is controlled by an employer and obtains certain benefits that an independent contractor doesn’t obtain. For example, the employee is going to be paid by the hour or salary, maybe provided health insurance, maybe provided vacation time or benefits and other items that…

Fraudulent inducement is a business tort and that involves a dishonest or fraudulent intent to lure somebody into a contract through some means of misrepresentation. The person ends up entering the contract based on false statements. They were basically lied to and that’s how they procured their promise in accordance with that contract. Having a…