A Business Dispute Lawyer Arlington TX Respects Discusses Common Types of Business Litigation
As a part of risk management for businesses, it is important to consult with a business dispute lawyer in Arlington, TX at Brandy Austin Law Firm, PLLC who can review your business structure, contracts, and legal documentation to ensure everything is in the right place. Operating a business requires the ability to make smart, informed decisions that help to minimize the risk of dispute, conflict, and business litigation.
Common Types of Business Litigation
There are countless situations that could arise while operating a business that may result in you suing or being sued. Known as business litigation, the following are common reasons why businesses end up standing in front of a civil court judge:
Employment Dispute
If an employee violates a contract or agreement, it is possible to file a civil claim against them. On the other hand, an employee could seek compensation for matters such as wrongful termination or discrimination. Employment disputes are one of the most common types of business litigation and generally require a TX business dispute lawyer in Arlington to navigate you through the case.
One of the most difficult aspects of running a business is having to fire certain employees. Not all employees work out and sometimes it’s the best choice for your business to terminate them. However, you must be careful about how you handle each termination. If you say or do the wrong thing, it can sour your relationship with the person and give them a reason to potentially sue your business in the future.
Here are some tips for correctly firing an employee:
- Choose a Comfortable Setting: It’s important to hold the termination meeting in a place where the employee feels comfortable and secure. For example, if the employee has a private office, it may be best to hold the meeting there. It ensures confidentiality and can give the employee a good place to process the information. After you tell the employee the news, they can collect their thoughts in the office before they leave. If the employee works in cubicle or shares an office, you may want to hold the meeting in your office with the door shut.
- Get Straight to the Point: When you’re dealing with something as daunting as a termination, it might be tempting to start out the meeting with some small talk. However, this only delays the inevitable and might disappoint the employee even more. It’s better to just tell the employee that you’re terminating their employee in the very beginning of the meeting. Be direct and don’t use any ambiguous language, like “It’s not working out” or “This might not be the right job for you.” It’s important to use the word “terminated” so that there aren’t any misunderstandings.
- Explain Your Decision: It isn’t enough to just tell the employee that you’re terminating them. You also must tell them the reasoning behind your decision. Keep your reasoning as brief as possible. For example, if the employee wasn’t meeting their deadlines, simply say, “We have made the decision to terminate your employment because you didn’t complete your projects on deadline.” If the employee expresses their disappointment, just tell them that you’re sorry that they feel that way, but the decision is final.
- Answer Questions: It’s common for employees to feel distraught and confused after a termination. That’s why you should take the time to answer any questions they might have. For instance, the employee may want to know if they have to leave immediately or when they can collect their belongings.
- End the Meeting on a Positive Note: While the employee will likely be upset about the termination, that doesn’t mean you can’t end things on a positive note. Shake the employee’s hand and wish them luck on their future endeavors. Encourage them to contact you if they have further questions later.
If you follow these tips, the termination meeting should go a lot smoother. If you have any additional questions on how to handle firing an employee, you should speak to a business dispute lawyer in TX from Brandy and Austin Law Firm, PLLC.
Intellectual Property Dispute
Intellectual property is considered to be yours, particularly when you have filed a trademark, copyright, or patent. If someone uses your IP without your permission, you may have the right to take civil action.
Breach of Contract Dispute
When two parties enter into a contractual agreement, both have a duty to fulfill the terms. If their duty is not fulfilled, it is considered to be a breach. In most situations, an Arlington, TX business dispute lawyer can be sought for assistance on coming to an amicable resolution. Sometimes compensation is possible when you can show you have incurred a loss as a result of the breach.
Partnership Dispute
If business partners or shareholders do not agree on how the business is being run, and arbitration or mediation is not successful, a lawsuit might ensue.
Personal Injury Claims
If your business causes harm or injury to another person, including an employee, client, visitor, etc., it may be possible for the injured party to file a claim or lawsuit.
How a Business Dispute Lawyer Might Help You
More often than not a business dispute is settled out of court, even when a lawsuit has been filed. This is typically the best outcome and can save copious amounts of time and money. Furthermore, by settling the matter out of court, the records remain private and can prevent your company from gaining a bad reputation. When a settlement is impossible to reach, going to court might be the only option. Regardless of your circumstances, you should have a business dispute lawyer on your side.
Our team of business dispute lawyers in Texas at Brandy Austin Law Firm, PLLC offer aggressive advocacy, clever strategy, and years of experience. Whether you are seeking to sue another party, or are being sued, you should learn about your rights and how the legal process goes for these types of matters.
What to Look for in Legal Representation
No matter what kind of business you run, it’s important to hire a reputable business dispute lawyer. You never know what kind of legal issues might arise, and you want to be prepared to handle them all. If you enter into a contract with another business, you’ll want an attorney to review it and ensure it reflects your best interests. With so many business attorneys out there, it can be tricky to choose the right one.
Here are some characteristics to look for in a business dispute lawyer:
- Experience: Different business attorneys specialize in different fields. Ideally, you’ll want to work with an attorney who has experience working with businesses like yours. For example, if you own a flower shop, you’ll want to hire a business attorney who has experience in the retail field. They’ll be able to guide you in the right direction and help you get through various legal matters that are common in your field.
- Availability: When you run a business, legal matters can arise all the time. From contractual agreements to employee lawsuits, you have to be prepared for just about anything. They should be able to return your phone calls within a day or two and be available for emergency meetings when necessary. If a business attorney currently has many other clients, they might not be able to give your business the attention it deserves.
- Communication Skills: The attorney you work with should be able to explain legal principles in language you can understand and take the time to answer your questions. If the attorney you speak with can’t communicate these terms in an efficient manner, they might not be the right person for the job.
- Personable: For the relationship to work, an attorney must be someone you get along with and is easy to talk to. If you truly like your business dispute lawyer in Arlington and feel comfortable around them, you’ll be more likely to ask them important questions and have a more satisfying business relationship.
- Detail Oriented: When dealing with important business documents, there’s no margin for error. If one mistake is made, it could potentially cost you a lot of money to fix. Make sure the attorney you talk to is completely detail oriented before hiring them.
During your consultation with a member of our legal team, be sure to keep an eye out for these qualities. If you are seeking assistance and guidance for your business litigation claim, contact a business dispute lawyer in Arlington, TX at Brandy Austin Law Firm, PLLC today for a free consultation.
