July 20, 2010 in Business, Legal Articles by jferris

Selecting an Attorney for a Wrongful Termination Claim in Texas

If you are an employee or an employer involved with a wrongful termination claim, a wise course of action is to consult with an experienced and knowledgeable wrongful termination lawyer practicing in Texas.

The state of Texas is an “employment at will” state which gives an employee the right to resign at any time for any reason, while an employer can terminate an employee at any time for any lawful reason. When an employee is terminated for any unlawful reason, this is often called a “wrongful termination.” There are a myriad of reasons why a termination could be considered a wrongful termination. Whether you are an employer or an employee, it is in your best interest to consult with a lawyer who is experienced and knowledgeable about Texas wrongful termination law if an employment termination has occurred or is being considered.

Some examples of a wrongful termination are when an employer fires an employee in breach of an employment contract, the firing is motivated by illegal discrimination, it is done in retaliation for filing a workers’ compensation claim, or the firing is intended as retaliation against a whistleblower or an employee who has refused to perform an illegal act.

Because of the complexity of employment laws, if you are an employer who is considering terminating an employee, having a wrongful termination attorney review any matters that may cause you concern, as well as make educated recommendations to minimize potential litigation, can be a prudent and necessary step. Consulting with a law firm that knows how to conduct internal workplace investigations if a complaint has been made or a problem is suspected, can also make life easier for you.

An unfortunate truth is that not all employers comply with all state and federal employment laws. Being wrongfully terminated can be devastating to one’s life and finances. If you believe that you have been wrongfully terminated, seek out a knowledgeable, experienced and successful wrongful termination attorney who can explain these laws to you, advise you as to whether your employer has engaged in illegal conduct against you, inform you of your rights and options, intercede with your employer when appropriate, represent you before the Texas Workforce Commission or Equal Employment Opportunity Commission, and aggressively prosecute your lawsuit if your case can’t be reasonably settled.

Whether you are the employer who has the task of terminating an employee or if you are the employee who has been terminated, seek qualified legal counsel in your area to know your rights.

July 20, 2010 in Business, Legal Articles by jferris

Selecting an Attorney to Handle a Breach of Contract Dispute

When a breach of contract dispute arises, the issues involved should be concluded quickly and cost-effectively.

A firm handshake and a person’s word should be sufficiently trustworthy in most matters of business. Often though, it’s naïve to proceed directly into commerce in such a fashion. Basic agreements can evolve into complex documents, far more complex and voluminous than perhaps originally intended. Regardless of the care taken in entering into a business arrangement, a breach of contract dispute can occur. When a breach of contract dispute arises, most individuals and businesses want the issues resolved quickly and inexpensively. An attorney may need to be consulted – but not just any business attorney. In selecting a law firm, the client should place a premium on quality experience. The business law firm that is consulted should have successfully handled at least dozens, and ideally, hundreds of breach of contract disputes, and be able to keep your goals and interests sufficiently in the forefront. The firm you select should not only have a reputation for working hard – but also working smart.

Having an innovative attorney who has successfully handled contract disputes in a wide range of areas such as employment contracts, drilling contracts, distributorship agreements, manufacturing and production agreements, development agreements, noncompete agreements, licensing contracts, stock option agreements, intellectual property agreements, construction and architecture contracts, promissory notes, or real estate contracts, just to name a few, can provide you with peace of mind knowing that your attorney has a broad knowledge base. A broad knowledge base means little, however, unless the attorney you select is one who will strive to provide you with the best possible level of personal service while making every effort to deliver results in a timely and cost-effective manner. Whether you are a business or an individual, plaintiff or defendant, top-notch unwavering representation is crucial to success.

Many times a breach of contract claim can be resolved outside of a courtroom or before a final arbitration hearing, either by negotiation or mediation. However, you are usually only able to negotiate the best results if you hire an attorney who will do a skillful job of preparing your claims for trial or final arbitration hearing.

If the matter is substantial, an attorney should always be consulted. If you are unsure what should or can be done about a possible breach of contract or if you have been accused of breaching a contract, consult an attorney. Your peace of mind may rest on whether you do.

July 13, 2010 in Business, Legal Articles by jferris

Revenge in the Workplace, a.k.a. Retaliation

Workplaces can get mighty ugly if someone is retaliating against a company or person for a perceived injustice.

Things don’t get much worse than a toxic workplace where someone is deliberately withholding necessary information on a project, spreading vile rumors about a co-worker, destroying or stealing company equipment or handing classified information over to the competition. “Why would they be doing these things in the first place? Usually as retaliation against a real or perceived injustice,” explained Ty Gomez, an experienced Dallas employment and business lawyer with the Gomez Law Group.

Most often when retaliation is the flavor of the month, it is because someone is responding to a violation of trust or violations of interpersonal justice. “Let me explain. When it comes to breach of trust, that happens when expectations about another’s behavior aren’t met or when that person doesn’t act consistently with their values. In dealing with violations of interpersonal justice, the retaliation comes because someone was not treated in a manner that they expected to be treated – this may provoke real outrage,” observed Gomez.

Interestingly enough, when someone gets fired, it isn’t the fact that they got fired that usually is the flash point. It’s the fact that they may have been humiliated if the firing was done in a thoughtless and insensitive manner. Anger plays a very large part in retaliation if the firing or other disciplinary action was not done with respect or fairness. “In fact, over 80% of homicides that take place at work are the result of people who want to get even for treatment they consider unfair or unjust,” added Gomez, a seasoned Dallas employment and business lawyer.

A wise manager will also realize they need to treat their workers with respect, provide recognition, opportunities to grow, freedom from harassment, and other intangible feedback; the silent and unspoken things that workers and their employer follow without really thinking about it. Those are often the expectations in a workplace. If the reality is different and the manager is abusive, unrealistic, sarcastic and unresponsive to concerns, retaliation becomes a distinct possibility.

“If you’re faced with this nasty situation brewing in your workplace, it’s time to figure out what to do. It may also be time to talk to an experienced Dallas employment and business lawyer about what can alleviate the situation, etc.,” suggested Gomez.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.

July 13, 2010 in Business, Legal Articles by jferris

Catastrophic Injury Damages Are Hard to Calculate

Some feel putting a dollar figure on injuries is demeaning to the victim. Compensation is the only method the law provides to a victim of negligence.

“Some people feel that trying to figure out a dollar amount for someone’s injuries, their pain and suffering and other economic losses is insulting; insulting because it reduces something so very personal and painful to cash. Others feel the victims likely played a part in their own accident and they should just take responsibility and get on with their lives. Granted that translating pain into an economic value may be controversial, but is the only way a victim can be compensated,” remarked Ty Gomez, who writes for the Dallas based Gomez Law Group.

Frankly, without the recourse of going to the courts for financial compensation for the negligent acts of others, where would society be today? The legal system that translates pain into money is the only system we have that works, and it’s going to be with us for many more years to come. Having said that, the next question we need to ask is how much is an injury case worth? “That is the million dollar question and one that a client would have no way of answering, but an attorney with experience handling catastrophic personal injury cases would. They would have information about how juries in the area in which they live have looked at these questions in the past,” suggested Gomez.

Most lawyers are able to evaluate injuries in a variety of ways. Let’s take an example of a simple case that may involve back and neck strain – otherwise referred to as soft tissue injuries – that will take time to heal. “So in cases like that, they factor in the length of treatment and the amount of medical bills. How they arrive at a final figure is dependent on other factors such as age of the person, lost wages, time off work and other considerations,” outlined Gomez.

Other injuries that are far more serious, such as bone fractures and ruptured discs or injuries that produce scars usually merit more compensation because the insurance company knows these can’t be faked. Soft tissue injuries are often regarded with a jaundiced eye for that reason.

Generally speaking, the severity of the injury affects or influences the settlement offer, as does the characteristics of the plaintiff – meaning a serious scar on the face of a younger, attractive woman may be worth more in the eyes of a jury than a scar on the hand of an elderly male, etc. “Each case is different and all the factors that make up each case are different as well. However, in order to get an idea of what your case is worth, you would ideally need to speak to an experienced personal injury lawyer,” Gomez advised.

Gomez Law Group is a Dallas employment lawyer and Dallas business lawyer. To learn more, visit http://www.gomezlawyers.com.