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Misuse of funds? Demand an accounting

There are many reasons why a dispute might arise between two parties in a contract. Questions of performance, either in quality of timeliness, are a common problem. But in close relationships between businesses, particularly in international trade, questions over the misuse of money are also very common.

If you feel that your partners or a contracted company are mishandling money, you may have the upper hand under Florida law. By simply demanding an accounting of the money in question you can put the burden of proof on the defendant in a civil suit if you have proper grounds to request it.

Lawsuit against retailer Target settled for $3.74 million

Many people across the United States often make a "Target run" to purchase anything from clothing to groceries, toys and more. It is a very popular store, offering many different goods at affordable prices. Therefore, people in Jacksonville may be interested to learn of a business litigation settlement involving the retail giant.

A class action lawsuit brought by the National Association for the Advancement of Colored People against the big box retailer Target has recently been settled in the amount of $3.74 million. The NAACP accused Target of unlawful discrimination in its hiring policies. The lawsuit alleged that Target would not hire those who have been arrested or convicted of a crime, even if the crime was irrelevant to working at Target. The NAACP claimed that this policy had a disparate impact on job applicants of certain races, specifically those who were Latino or African American. Target has since changed its hiring policy by eliminating queries about a job applicant's criminal history.

Is there a time limit in Florida for breach of contract claims?

Business deals these days aren't just cemented with a smile and a handshake. These days business owners in Jacksonville will enter into a written contract that outlines what each party is obligated to do, and what they will get in return. In fact, some might say that contracts are one of the main pillars of running a successful business.

Unfortunately, we cannot always predict the future or control the actions of others. Sometimes a party fails to follow the terms of the contract, leading to a breach of contract. When this happens, the non-breaching party may want to pursue business litigation. However, do they have an unlimited amount of time in which to do so?

McDonald's franchise settles business litigation

The McDonald's franchise may be one of the most recognizable chains of fast-food restaurants worldwide. The "Golden Arches" are a ubiquitous feature in many Florida cities, serving as an oasis on interstate exits or as the local town meeting place for a burger or cup of coffee. However, the company is no stranger to business litigation.

Recently, McDonald's settled a lawsuit brought by the National Labor Relations Board. The NLRB argued that McDonald's should be considered a joint employer and therefore should be held legally responsible if one of its franchises committed unfair labor practices. In 2014 workers at a number of McDonald's restaurants in New York City alleged they lost their jobs when they protested against their low take-home pay and bad working conditions. In 2016 a lawsuit commenced, wherein people testified to the trial court for hundreds of hours. In the lawsuit, the NLRB claimed that since McDonald's, as a parent company, had so much control over how its franchises were operated, it was mandatory for McDonald's to share legal responsibility for unfair labor practices carried out by its franchisees. The NLRB buttressed it's claims citing McDonald's detailed rules and procedures when it came to hiring workers and paying workers.

Seeking help when business litigation is on the horizon

Business owners in Jacksonville are often faced with situations in which they must file a lawsuit or someone has filed a lawsuit against them. They may have tried many ways to settle the matter. They may have engaged in negotiations, mediation or arbitration. However, sometimes all these efforts fail, and they must take the matter to court.

There are many type of disputes that could lead to business litigation. These include disputes between corporations and shareholders, claims of breach of contract, claims of breach of distributorship agreements, employment law issues, real estate claims and many more issues. When a business is facing litigation, the outcome of their case could have a long-term effect on the viability of the business. Therefore, it is important for businesses to have a strong advocate by their side in such situations.

Three tips for avoiding a partnership dispute

The world of business is an inherently competitive arena. Even when two parties come together for a mutual benefit, it’s not unusual to have dueling visions about what’s best for the enterprise. These types of disagreements can often form the crux of a partnership dispute, and when that type of conflict goes unresolved it can escalate into costly litigation.

Avoiding a partnership dispute should be a goal for any business owner. For a joint venture to succeed, the co-founders need to be aligned on its essential business operations. If a dispute is bubbling underneath the surface, it’s usually a matter of time before it erupts, so taking measures to prevent that occurrence can be prudent.

What are some ways to prevent business litigation?

Business owners in Jacksonville are hard workers who aim to ensure their business sees financial success. However, there are always hiccups in the process and sometimes a business is sued. However, there are some steps business owners can take to prevent such lawsuits from occurring.

First, business owners and employees should take care to avoid doing anything questionable. This includes any public statements made, as well as how the business is operated. Also, if a business works with another business that has a bad reputation, then their name could be associated with the other business's poor public image. Also, business owners and employees should avoid committing acts that may constitute a conflict of interest.

What are some common types of business litigation?

Businesses in Jacksonville, big and small, may eventually find themselves facing a lawsuit. For some, it is an inevitable part of doing business as disagreements, misunderstandings and broken promises will occur. Of course, certain types of lawsuits are more common than others.

Some common lawsuits involve those brought by employees for wrongful termination, harassment or discrimination in the workplace. Federal laws such as Title VII of the Civil Rights Act, Age Discrimination in Employment Act and Title I of Americans With Disabilities Act may apply to these lawsuits.

Talk show host pursues business litigation against PBS

Many people in Florida may have been fans of the Public Broadcasting Service television talk show host, Tavis Smiley. Therefore, they may be concerned to hear that Smiley is pursuing legal action against the network, stating that the network wrongfully claimed he committed acts of sexual misconduct as a pretext for suspending his show. After conducting an investigation, the television station stated that Smiley engaged in sexual acts with workers in positions below him over the course of a number of years. According to the network, these alleged acts went against the standards PBS holds itself to.

However, Smiley has filed a breach of contract lawsuit against PBS. He believes the investigation was biased. He also claims that the investigation violated internal procedures. According to Smiley's lawsuit, the network was prepared to suspend his show without ever conducting an interview with him and without giving him the chance to address the allegations against him. Moreover, the lawsuit claims that the network treated him in a "racially hostile manner." Smiley maintains that he never engaged in any sexual misconduct in the workplace.

Can an employer in Florida be sued for giving a poor reference?

When a person in Jacksonville is hunting for a job, one thing they may need are references from previous employers. Of course, in today's competitive market getting a job is not always easy, and job hunters will usually experience a certain amount of rejection. Some of them, however, believe that the reason they did not get a particular job is because a reference gave their prospective employer an unfavorable review. When this happens, a person may try to sue their former employer for defamation.

For a declaration to be defamatory, it must affect the worker's reputation, even if it did not actually harm the worker. The declaration will be looked at with regards to the situation in which it was made, who it was made to and with regards to other surrounding circumstances. Even mere conduct on an employer's part might be considered defamation in certain situations.

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