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Madison Civil Litigation Blog

Digital data and business litigation

More and more companies in Wisconsin and elsewhere are going paperless. This is a good and bad thing all at the same time. It may save trees and help streamline information and communication, but there can be issues regarding digital data when it comes to business litigation cases.

Think about how communications work in your business. Is it all done via email, phone, text? How do you keep and store communications and company documents? Do you even keep digital copies of everything?

Were you the victim of wrongful termination?

The last thing you want to think about is losing your job. Adding to this, you never want to get the feeling that you were a victim of a wrongful termination. Unfortunately, this can happen.

Whether or not you were the victim of a wrongful termination depends on many factors. Here are some things to think about if you believe you have a wrongful termination claim:

  • The terms and conditions of any contract you have with your employer
  • Anti-discrimination laws
  • Whistleblower retaliation laws
  • Protected time off, such as through the Family and Medical Leave Act (FMLA)
  • Termination policies

Wisconsin construction litigation: property development issues

Developing property, whether in Wisconsin or elsewhere, is not a small job. Developers and builders have to work together to see a project really come to life. If anything goes wrong along the way, or if issues are found with the property once it is finished, those responsible for the problems could face construction litigation or other legal claims.

Property development starts with an idea. Then, the developer must find land that fits that idea. Sometimes, this is easy to do, and other times, it takes fighting for zoning and land use changes. Once the property is obtained, it then takes finalizing the plan, working on a budget and making sure everything is above board from a legal standpoint.

Overtime pay employment disputes

Sprint, one of the nation's largest cell phone service companies, is facing yet another lawsuit from former employees over unpaid overtime pay. Another lawsuit against the company for this same reason was just recently settled in another state. This is an employment law issue that may or may not affect Wisconsin residents, but it is certainly a good example of actions that can be taken by those who believe their employers have failed to compensate them appropriately.

According to reports, just a few months ago Sprint settled an overtime pay lawsuit to the tune of $365,000. They denied any wrongdoing but wished to limit the cost of litigation. A former employee failed to be compensated for her losses as she was unaware of the previously filed lawsuit, so she has filed another claim against the company, and other employees are said to be joining in. The woman behind this most recent case says that she frequently worked 45-50 hours per week but was pressured to only clock 40 hours. If this is true, she was drastically shorted income owed to her.

Employment age discrimination case filed against HP

Hewlett-Packard is making headlines these days, but not for anything good. A former employee filed an employment age discrimination lawsuit against the company after he was let go from his job after nearly 40 years. As he is not the first person to bring such a claim, he is seeking class action status. While this case is taking place in another state, age discrimination in the workplace is a problem seen nationwide, including in Wisconsin.

The plaintiff, a now 55-year-old male, was let go from his job in May 2012. He was a research and development buyer for the company. In his complaint, the plaintiff says he was forced out of his job due to an age-related workforce reduction plan. His is one of 32 age discrimination complaints filed against HP since July 2012.

Business litigation over website accessibility? It can happen

A business owner may be sued for any number of reasons. It happens. All he or she can do is try to prevent business litigation by setting up all the necessary legal protections from the get go. But law changes and new court rulings mean that business owners in Wisconsin and elsewhere have to stay up to date and update their practices. Failing to do so could have significant financial consequences.

Company owners often depend on website traffic to draw sales. So, they take great care in creating company websites that are easy to navigate and are appealing to their consumers. One thing that business owners may not have considered is how easily accessible their websites are for those with disabilities.

Is construction litigation necessary to deal with a defect?

Buying a home really is a big deal. It is a significant investment, and one that takes some years or even decades to afford. Unfortunately, it is usually long after the papers have been signed and one is all moved in that problems with the construction of the home may become apparent. Wisconsin residents who are dealing with construction defects may have to resort to construction litigation in order to resolve the matter.

A construction defect is defined as any condition in the home that reduces its value. There are many causes of construction defects. Some include:

  • Use of poor building materials
  • Negligent construction
  • Failure to properly prepare the foundation
  • Engineering problems
  • Poor site planning

When a contract breach requires business litigation

Company owners in Wisconsin utilize business contracts in order to keep their companies running smoothly. These legal documents hold the signing parties responsible for upholding their end of the agreements. What happens, though, when one side fails to keep his or her end of the deal and negotiations fail to resolve the matter? This is when business litigation may be necessary.

No one likes going to court. Litigation can be costly, and it can drag things out longer than necessary. On the other hand, there are situations when it really is the best way to go. One will just want to be sure that he or she has a solid case before pursuing a breach of contract case in front of a judge.

Do you have a legally-defensible drug testing policy in place?

If you are the owner of a Wisconsin construction company, chances are good that you have dealt with the consequences of workers who smoke marijuana. Maybe a stoned construction worker wound up getting hurt on the job and filed a claim for workers' compensation. Perhaps a laborer made a costly error after getting high at lunch time. Either way, a stoned workforce can't consistently produce quality work for your clients.

Land of the stoners?

Business litigation sometimes needed to handle partner disputes

Going into business can be rough. It is not always rainbows and butterflies. It is hard work. To help ease some of the stress associated with owning and operating a company, some people open with a partner or bring one on after the fact. Unfortunately, some Wisconsinites may find that doing so also has its challenges, and certain disputes between partners may require business litigation.

Every partnership has its issues. None are perfect, even if they start out that way. Some business partners may find that their managing styles do not mesh or that personal habits cause problems. Some may struggle to set boundaries, and some may struggle in their commitment to each other and the company.

Contact

Edwards Law Group LLC
10 East Doty Street, Suite 800
Madison, WI 53703

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Phone: 608-390-3394