A shareholder derivative lawsuit is a lawsuit that a shareholder will bring to recover money that is owed to the corporation where that shareholder is an investor in. For example, if one of the officers of the corporation is stealing from the corporation a shareholder may recognize that and then bring a lawsuit on behalf…
Continue reading ›The fictitious business name is typically how you do business under. It’s not necessarily your legal corporate name. For example, a corporation may have a Do Business As McDonald’s, or it may Do Business As the Chicken Place, but its corporate name is something different. It may have an actual legal corporate name as ABC…
Continue reading ›If state and federal laws both regulate a claim of discrimination, the employee can bring claims under both laws. For example, an employee may have a claim for sexual harassment both under the Federal Civil Rights Act, which is Title VII, as well as under the Florida Civil Rights Act. Both laws can protect the…
Continue reading ›If an employer discriminates against an employee by retaliation, the employee can bring a lawsuit against the employer for that retaliation. Not every accusation of the employee is going to be considered retaliation. Sometimes the employees are doing work that is really not appropriate or not doing the right thing in the workplace after they’ve…
Continue reading ›Typically, when an employee files a charge of discrimination, they have to supply the information, such as their own information, biographical information, as well as the employer’s information and the number of employees of the employer. There has to be a description of what the employee contends is a discrimination. There have to be some…
Continue reading ›The implied covenant of good faith and fair dealing requires that there is an implied duty in contract to act in a manner that’s honest under the contractual relationship and it’s implied in all contractual relationships.
Continue reading ›A covenant not to compete is a promise not to compete. Any time the word covenant is used, covenant is simply a promise. A covenant not to compete is a contractual obligation or a promise not to compete against someone or a company. Typically, non-compete covenants occur in employment contexts where an employer wants to…
Continue reading ›Many different classes of people are protected by Employment Discrimination Laws. Laws prohibit discrimination based on age, on the race, ethnicity, gender. Also Whistleblower status, Workers’ Compensation Claim status, status brought under the Family Medical Leave Act, where a person has brought a claim or attempted to assert their rights and they’re supposed to be…
Continue reading ›Employers are covered by the ADEA, which is the Age Discrimination and Employment Act, if they have at least 20 employees, and the employees that are subject to the act have to be at least 40 years old.
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