Wrongful Termination

Posted on : August 21, 2014

Nobody likes getting fired. However, facing termination based on retaliation, discrimination or some other unlawful reason is simply unacceptable. If you are currently enduring this type of situation, an Arlington business lawyer can help you properly file your complaint with both state and federal employment regulators, as well as commence an individual lawsuit for compensatory damages against your employer. While wrongful termination is sometimes a difficult cause of action to prove, an experience business attorney can thoroughly and aggressively advance your case.

Available Redress in a Wrongful Termination Suit

 

A successful wrongful termination lawsuit is one that makes the plaintiff “whole” again. This may mean different things for different people, depending on the unique situation at hand. In general, if you were unlawfully fired from your job, you could obtain any of the following:

-Reinstatement of your employment position;

-Back pay with interest;

-Reimbursement for expenses incurred as a result of losing benefits;

-Redress for missing out on important trainings or conferences;

-Compensation for pain, suffering or embarrassment;

-Punitive damages to redress intentional or particularly egregious behavior.

While not every one of the above is available in every case, your business lawyer will work tirelessly to obtain the maximum possible compensation for you following your wrongful termination.

Proving a Wrongful Termination Lawsuit

Proving a wrongful termination lawsuit requires presenting evidence that your employer made an adverse employment decision against you based solely on a discriminatory or retaliatory motive. This could be accomplished by showing that the employer has a history of discriminatory tactics. A spotless employment history or lack of evidence showing an issue with job performance is also a way to successfully advance a claim of wrongful termination. If you are facing retaliation, your attorney will advance evidence of your recent filing of a grievance, OSHA complaint or other issue presumably giving rise to your employer’s adverse action.

Contact a Reputable Arlington Business Lawyer Today

If you are considering a wrongful termination lawsuit, we encourage you to contact an Arlington business attorney at Schleifman Law, PLC today. To set up an appointment, please call 703-528-1021.

Fairfax Business Lawyer Discusses What to Do Following a Breach of Fiduciary Duty

Posted on : August 14, 2014

Arlington business law attorneyIf you are a business owner, or currently serve on the board of a public or private corporation, you are likely aware of the concept of fiduciary duty. This legal phrase, generally speaking, refers to each board member’s duty to act with loyalty and good faith toward the company – and prohibits nonconsensual self-dealing or self-interested transactions. In the event a board member steps outside the bounds of proper fiduciary duty, it may be necessary to engage in legal action to correct or undo the transaction – or oust the member all together.

How a Fairfax Business Lawyer Can Help

The proper course of action following breach of fiduciary duty will depend very heavily on the specific facts at hand. If the breach occurred in conjunction with a transaction between the corporation and another company, it may be possible to initiate a legal intervention to stop the transaction (e.g., merger or acquisition) from continuing or settling. If the breach involves the dissemination of trade secrets or other proprietary information, your attorney may be able to initiate similar injunctive proceedings to preclude the rogue board member from further damaging the company – as well as commence a civil lawsuit to recover damages incurred as a result of the breach.

Oftentimes, a breach of fiduciary duty signifies the need to remove the particular member from the board of directors all together – which can be tricky, particularly for closely-held businesses or if the member is a founder. For these reasons, we suggest working with a Fairfax business lawyer to help ensure the board member is removed according to the terms of the bylaws and articles of incorporation. Failure to properly abide by the termination or removal procedures could result in counter-litigation by the ousted member, which is a result no one wants to see take place.

Contact an Experienced Fairfax Business Law Firm Today

If you are in the midst of a breach of fiduciary duty within your business and believe you may have suffered financial harm as a result, there are legal options for you to consider. For more information, please call Schleifman Law, PLC at 703-528-1021.

Navigating Tough Corporate Issues

Posted on : August 11, 2014

Running a business is difficult. However, with the right legal team
behind you, you can work through the tough issues that arise knowing you have competent and thorough legal counsel just a phone call away. By working with a knowledgeable and experienced corporate lawyer, you can rest assured knowing that some of the difficulties that arise can be negotiated and settled without the exorbitant expense of litigation or the fear of threats to your valuable enterprise.

Issues Facing the Start-Up

Startup companies have a unique set of issues to work through, ranging from trademark registration to basic corporate set-up. If you are an entrepreneur with questions about legal formation, liability issues or the best way to protect your corporate assets, an Arlington business attorney is one of your best resources. You can also depend on the knowledge of your business attorney when working through complex employment, hiring and firing issues as well.

Mergers & Acquisitions

Whether you are interested in acquiring another business or would like to discuss the benefits of merging with an existing company, you should never embark on this journey without the assistance of a knowledgeable corporate lawyer. These business transactions implicate complex issues relating to shareholders, equity and other matters directly related to the shifting and combining of corporate interests. To avoid the pitfalls of a possible derivative suit or hostile business maneuver, keep an Arlington business lawyer on your side through every step of the way.

Bankruptcy 

Sometimes, a business needs to restructure or reassess its portfolio in order to stay strong and continue. If you are concerned about the financial future of your corporation and would like to work preemptively to avoid disaster, it may be time to consider a Chapter 7 or Chapter 11 bankruptcy proceeding. Corporate bankruptcy does not mean the end of your business; it can actually offer the contrasting result of a fresh financial start.

Contact a Reputable Arlington Business Lawyer Today

If you are facing tough corporate issues and would like legal counsel by your side, do not hesitate to contact us right away. We are especially experienced in matters relating to all businesses, large or small, and look forward to working with you. Contact Schleifman Law, PLC by calling 703-528-1021 today!

Professional Errors and Omissions | Get Help With a Fairfax Insurance Lawyer

Posted on : August 7, 2014

Many professionals have an errors and omissions insurance policy that provides liability coverage for negligent acts or omissions they make in their professional capacity. For many small businesses and professional workers such as doctors, lawyers, engineers, and accountants, errors and omissions insurance is their primary form of protection should they be sued by a client, customer, or other third party.

Coverage by the Errors and Omissions Insurance Policy

A Fairfax insurance lawyer can explain to you that while an errors and omissions insurance policy covers most types of damage claims, it does not cover all claims and liability. Generally, types of liability that the insurance policy may cover include:

-Negligent acts

-Careless omissions

-Mistakes in the course of business

-Fault through no fault of your own

Errors and omissions insurance policy typically do not cover intentional misconduct or other willful acts. So if you intend to injure or otherwise economically harm someone, the insurance policy may not offer any coverage and protection.

Making a Successful Claim With the Help of a Fairfax Insurance Law Firm

An experienced attorney can help you through the difficult process to make a successful claim and ensure that you are financially protected by your insurance coverage. For example, an attorney can work with you on completing the proper paperwork and submitting all the necessary documentation. In addition, an attorney can ensure that you meet all the proper timelines and that you frame your claim in the best light to help you.

In some cases, an attorney may also be useful in advocating for your rights under the insurance policy against the insurance company. Insurance companies are notoriously tight-fisted and you may need experienced counsel to represent your interests.

Contact a Fairfax Insurance Lawyer

If you have any questions about a professional errors and omissions policy, you will want to contact an experienced insurance lawyer in Fairfax. These insurance policies can be very complex and difficult to understand. To get help with your case today, contact an attorney at Schleifman Law, PLC by calling 703-528-1021.

 

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