Litigation Defense

Project Description

Business Litigation Defense Lawyers

Large businesses get sued regularly, but for small and mid-sized businesses, the threat of a lawsuit is much more significant. Smaller businesses don’t have a full-time legal department, so they rely on experienced outside counsel to defend their interests in court when litigation is filed.

Call Pittsburgh at
(412) 626-5626
Call Philadelphia at
(215) 618-9185
Email KM&A at
lawyer@lawkm.com

Types of Lawsuits Against Businesses

Businesses can be sued for employment issues, breach of contract, negligence, and other issues as well. The fact is that it will happen, but the question is “how will your business handle this inevitability?” Having a litigation defense plan in place can decrease your damages and increase your ability to avoid a bigger problem.

Employment Lawsuit

Small businesses commonly face litigation in the area of employment law. Several state and federal laws protect employees, and when employers violate those protections, employees file claims with the Equal Employment Opportunity Commission (EEOC), the Pennsylvania Human Relations Commission (PHRC), or in state or federal court. Some of the most common potential claims against an employer include:

  • FLSA wage violations
  • FMLA medical leave violations
  • Sexual harassment
  • Age, disability, race, and sex discrimination
    • Under federal law, with the EEOC
    • Under Pennsylvania state law, with the PHRC

In addition to these very common claims, employers need to be aware of a large number of other possible claims. Be sure to rely on an experienced business attorney’s advice regarding these legal pitfalls, especially before you take action against any employees who may be protected.

Breach of Contract

Businesses can also be sued when they are accused of breaching written or spoken contracts. The plaintiff bringing the action might be a vendor/supplier or customer/client. In either case, it is important to have experienced legal representation that can defend the company’s interests in court.

Negligence

One final area of litigation exposure is from possible negligence. If the business’s agents or employees negligently cause some harm, there may be a lawsuit. The doctrine of respondeat superior makes the employer liable for employee acts carried out in the course of employment. For this reason, it is very important that employees be properly screened, trained, and supervised. It is also important to know immediately when an employee may have committed some act that exposes the business to liability. All accidents should be reported and documented right away.

Claim Evaluation

Whenever a claim is asserted against a business–whether it is by an employee, vendor, or customer–the decision makers need to know what to do. Should the business fight the claim, report it to an insurer, or try to negotiate a settlement? The attorneys at KM&A have the experience necessary to advise small and mid-sized businesses regarding any claims against them and to guide these businesses toward the most beneficial course of action.

When any changes are made to a limited liability company (LLC), both the operating agreement and the articles of organization must be amended.

An employer can sue an employee for negligence, breach of contract, defamation, theft, breach of good faith and duty.

Under United States laws generally there are generally three elements that should let you know that a contract has been formed: offer, acceptance, and consideration.

Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at lawyer@lawkm.com.

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