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Irvine Business Litigation Blog

Handling a dispute with a manufacturer

We have addressed some of the legal challenges that auto dealerships face, such as disputes with staff members or customers. Sometimes, however, litigation can involve a manufacturer and these cases can be especially difficult. As a result, it may be in the best interests of your business to avoid litigation, which may be possible by carefully discussing the issue(s) with a manufacturer. Ideally, these disagreements can be resolved without heading to court and taking on the stressors associated with litigation. After all, lawsuits can be difficult from a financial standpoint and in terms of time lost, both for manufacturers and car dealerships alike.

Unfortunately, talking about these issues with a manufacturer is not always possible and it does not always resolve the matter. Sometimes, litigation is inevitable and a car dealership may be very stressed out about the thought of going to court against a manufacturer who may have more resources. Moreover, you may decide to sue a manufacturer. If you are in this position, you should not feel hopeless. Rather, you should try to review any options or strategies that can help improve your circumstances and increase the chances of a favorable court ruling.

How can I find investors for my business?

Finding the right investors are an important part of achieving success for your business. However, finding investors can be tough for many people, especially if it’s your first time entering into the process. Forbes offers the following advice in this case, which can help you access potential investors using many different methods.

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Litigation, from an auto dealer's viewpoint

If you run an auto dealership, you likely have to handle a number of problems from time to time, whether you run into disagreements with staff members or face challenges which involve certain customers. We understand how challenging this can be for auto dealerships in Irvine and all over the state of California. We also know that some of these disputes can lead to litigation and that they are a myriad of reasons why auto dealers find themselves in the courtroom. Unfortunately, litigation can have an incredibly damaging impact on a dealership, even in instances when the auto dealer is falsely accused of wrongdoing.

First of all, litigation can shatter an auto dealership's reputation, prompting potential customers to look elsewhere. This can have a damaging impact on an auto dealer and the future of their business, especially in a challenging economic climate. In some instances, the damage that an auto dealer sustains as a result of being sued is so severe that they have to shut down their business completely. After all, the financial penalties of litigation can be very serious as well.

Litigation over an employee's work-related injury

From claims that an employee experienced discrimination or sexual harassment, there are many different legal issues related to employment law that can create hardships for workers and companies alike. However, it can be especially difficult to deal with the aftermath of a work-related injury. These injuries can create financial and physical hardships for workers, and they can also give rise to a number of challenges for employers. Moreover, each case is unique and some may involve fabrications and outright lies in order to receive compensation that is not deserved. It is very important to handle legal action over an employee injury properly.

The workplace can be dangerous for many reasons. From construction sites that present many hazards to office spaces, workers are hurt in all sorts of ways. Even those who may believe that their job is relatively safe could be injured after falling down in the workplace or suffering an injury due to repetitive stress. Some workers may falsely accuse their employer of being responsible for the accident and they may decide to take their case to court. Unfortunately, this can lead to a number of challenges for business owners.

Commercial real estate as a newcomer

Any real estate transaction can bring questions and give rise to uncertainty, but some are especially complex. For example, commercial real estate transactions can be quite complicated, especially for someone who may have no experience with these types of deals. Whether you plan on buying commercial real estate, selling commercial property or leasing commercial real estate, it is absolutely essential to make sure that your interests are protected. In Irvine and other cities across California, some commercial real estate transactions have led to unnecessary stress and financial loss later on because those involved in the deal lacked familiarity with these deals.

You may have questions about your legal rights or be unsure of certain issues involving real estate law. If so, it is essential to find answers right away and make sure that you have figured out the most practical path forward. You may also have questions about a contract, doubts involving business partners or many other areas of uncertainty related to the commercial real estate transaction. By finding solid answers to all of your questions and giving yourself a sense of confidence in the decisions that you make, you may be able to accomplish more than peace of mind. In fact, you could increase the likelihood of an ideal outcome that suits your interests best.

Handling allegations of age discrimination

In the workplace, an employee may be subjected to unlawful discrimination over their gender, religious beliefs or sexual orientation. However, age discrimination is especially concerning and has created many obstacles for some workers. With that said, some people have also falsely accused a hiring manager or employer of age discrimination, whether their application was turned down or they were let go. There are many reasons why employees and prospective employees may wrongly believe that they were discriminated against because of their age, but the consequences can be particularly damaging for a company both in terms of reputation and financial penalties.

Some people may be overly concerned about their age and when they do not get a position, they may believe it was solely because they were too old (even when there is no truth to this belief). Or, an employee may intentionally accuse their former employee of age discrimination even though they know that no laws were broken. For example, someone who has hard feelings towards a company they used to work for may decide to file suit in order to get revenge.

Handling disputes with employees properly

Employers may run into a wide variety of problems with staff members, whether they involve sexual harassment, allegations of unpaid overtime, accusations related to discrimination or some other employment law matter. As a business owner, it is crucial to handle these disputes properly and do what you can to prevent them from arising in the first place. Sometimes, these types of challenges will surface regardless of the precautionary measures that you take. The outcome of a dispute with a staff member may impact your business in multiple ways and it is essential to approach the issue appropriately.

For starters, you could be able to secure a favorable outcome for both parties by discussing the issue with the employee outside of court. This certainly is not always possible, of course, and in the event that litigation arises it is essential to know what your rights are and carefully review the various details surrounding the allegations. Employment law can be tricky and these cases often bring a harsh stigma for companies that are found to be responsible for the violation of an employee's rights. As a result, it is imperative to protect the reputation of your business and avoid the potential consequences of an employee lawsuit.

What are some examples of sexual harassment?

In the workplace, there are a number of reasons why disagreements arise and various violations that occur. Sometimes, these allegations are based on fabrications, while others mark a serious problem that is rampant within a particular company. Either way, these issues can lead to litigation and high-profile incidents, with the end result being very damaging for a business regardless of its size. Sexual harassment is particularly concerning and has received much attention in recent months, which is why business owners should understand which behaviors are prohibited and take steps to stamp out these violations.

The U.S. Equal Employment Opportunity Commission has drawn attention to many examples of unlawful sexual harassment. For example, it is illegal for an employee to be harassed in a way that is so severe it creates a hostile work environment. Unwanted advances which are sexual in nature, sexually harassing a worker verbally or physically and requesting sexual favors may also constitute illegal harassment.

Employment law and auto dealerships

There are many different reasons why auto dealers may find themselves in a difficult position, legally speaking. For example, litigation involving another car dealer may arise or a dealership may struggle with difficult clients. However, employment law issues can be especially tricky and take many different forms. If you own an auto dealership, or if you work for a car dealership, it is important to understand which types of behavior violate the rights of employees and ensure that the appropriate steps are taken in the event that such violations take place. In Irvine, and across the rest of California, these disputes can have a very damaging impact on dealerships of all sizes.

From sexual harassment to wage violations, there are many facets of employment law that the owner of an auto dealership may face legal issues over. Preventing sexual harassment is pivotal and there are many other violations that can wreak havoc for businesses and workers alike, such as discrimination, denied breaks, unpaid overtime and many other matters. Sometimes, employees file suit over false allegations, but these cases can be incredibly damaging for a car dealership if the end result is unfavorable. In fact, these accusations alone can damage a business' reputation and lead to financial troubles.

Three contract tips that can prevent construction litigation

Not only are construction project expensive and time-consuming, they can also be legal minefields. A large construction project can involve multiple contractors and subcontractors that can have issues with their contracts. A 2016 study by the consultancy firm Arcadis, showed that the top two causes of a construction dispute (PDF) were because of "errors with the contract" and "a failure to properly administer the contract."

While litigation is common in the construction industry, you can take a few steps to a prevent lawsuit. An enforceable and effective construction contract is one of the key tools that you have for protection. If you are a property owner, you can use these three tips to create a contract that prevents litigation and protect your rights if litigation does occur.

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