Phoenix Employer Legal Services
Business owners are busy people. Assisting customers, managing personnel, and increasing profits all require your focus and concentration. So when you are faced with business and employment legal issues, you should consult a dedicated team of Phoenix employer lawyers. A qualified business lawyer can assist you with all kinds of business litigation, including breach of contracts, fraud, business negotiations, and misappropriation of trade secrets. Hiring a lawyer for employers can also protect your business from various employee-related discrimination claims.
Each of the Phoenix employer lawyers at Shields, Petitti & Zoldan, PLC, possesses ample experience working as an attorney for employers. That means we know what business owners want: minimal inconvenience, excellent customer service, and optimal legal outcomes. Instead of hiring run-of-the-mill lawyers, get an attorney with a history of success and recognition. Several of our attorneys have received the prestigious AV Preeminent rating from Martindale-Hubbell. Others have been named “Lawyer of the Year” by The Best Lawyers in America. All of them can assist you with your business needs professionally and efficiently.
There is no time like the present to get started. Read on to see all how we can help your business.
What is Employer Counseling?
Employer counseling refers to the process of providing guidance and advice to employers on various employment-related issues. This can include advice on compliance with employment laws and regulations, developing and implementing employment policies and procedures, and managing employment-related risks. Employer counseling can be provided by a variety of professionals, including lawyers, human resources consultants, and other experts in the field of employment law.
Employer counseling can be particularly important for small and medium-sized businesses, which may not have the resources or in-house expertise to handle complex employment issues. By seeking guidance from an experienced employer counselor, these businesses can protect themselves from potential legal liabilities and ensure that they are in compliance with relevant employment laws.
Employer counseling can cover a wide range of topics, including hiring and firing practices, wage and hour laws, discrimination and harassment prevention, and employee benefits. It can also include advice on how to handle workplace conflicts and disputes, and how to navigate the complexities of employment law.
In addition to providing guidance on specific employment issues, employer counseling can also help businesses develop strategies for long-term success. This can include advice on how to attract and retain top talent, how to create a positive and productive work environment, and how to effectively manage and develop employees.
Overall, employer counseling can be an invaluable resource for businesses of all sizes. By seeking guidance from an experienced professional, employers can protect themselves from legal liabilities, ensure compliance with employment laws, and develop strategies for long-term success. If our business law firm can provide any of the following legal services, do not hesitate to contact us today.
Business Law Services We Offer
We recognize that business litigation comes in many shapes and sizes. However, we can tackle an amazing variety of legal needs.
Executive Litigation and Executive Contract Review
The needs of executives are different from the average employee. Executive litigation can include non-compete agreement disputes, severance package disagreements, and separation issues. Furthermore, executive contracts are almost always complex and require a nuanced understanding of Arizona law. As such, legal counsel can help your business form realistic strategies about issues like liability protection, executive compensation terms, benefits, and confidentiality requirements.
Negotiating favorable deals is at the heart of every business. Merger agreements, service contracts, and non-disclosure agreements are part and parcel of every business. Business negotiations also play a significant part in capital raises, risk shifting, and licensing contracts. Whether new or old, large or small, your business will need to navigate through some type of business negotiation. When that day comes, a skilled business lawyer can provide sound advice, aggressive representation, and effective negotiation tactics.
Breach of Fiduciary Duty
Simply put, a fiduciary duty exists when one party bears the responsibility of acting in the best interests of another group. In this context, the party who is owed fiduciary duty is called the “principal.” The party who bears the responsibility to the principal is called the “fiduciary.”
Fiduciary duties exist in many contexts. Attorneys and accountants owe a fiduciary duty to their clients. Board directors have a fiduciary duty to their shareholders. And employers often owe a fiduciary duty to their employees. Any failure by the fiduciary to manage the money and property of the principal likely constitutes a breach of fiduciary duty.
Defamation is the “act of communicating false statements about a person that injure the reputation of that person.” Businesses often encounter defamation, especially from disgruntled former employees. With the rise of social media, defamation is both more complicated and more pervasive. It is all too easy for bad actors to disseminate personal data without authorization, harass business personnel online, and publish blatantly untrue information and images. Without legal assistance, defamation can cause lasting damage to a business’s reputation and esteem.
Fraud is any dishonest and illegal behavior that negatively damages you or your business. Generally, the motivation behind an act of fraud is to generate a financial benefit for the bad actor. Examples of business fraud include:
- Theft of business assets;
- Falsification of business records; and
- Diverting incoming business funds to personal accounts.
Regardless of how it arises, fraud is a serious matter. The consequences of fraud can include severe fines, restitution orders, or even a prison sentence.
Fraudulent and Negligent Misrepresentation
Fraudulent misrepresentation happens when a party makes a false statement and shows a reckless disregard for the truth. The less serious charge of negligent misrepresentation occurs when someone makes a false statement that they either knew or should have known was false. To prevail on a claim of misrepresentation, you must also prove that:
- The false statement caused another party to take some type of action; and
- The reliance upon the false statement caused the other party financial injury.
As you can imagine, these legal elements usually require extensive evidence. For that reason, you should hire a business lawyer if you are defending yourself against a claim of misrepresentation or have been the victim of misrepresentation.
Embezzlement takes place when someone knowingly appropriates the services or property of another to their own advantage. Unfortunately, embezzlement is a common white-collar crime in the business world. A few examples include:
- An accountant deciding to pocket a customer’s payment rather than cashing it into the business’s bank account;
- An employee taking the company credit card to purchase personal items; and
- A business overbilling clients and redirecting the excess funds into employee bank accounts.
Embezzlement carries steep criminal and civil penalties. In addition, it can have several other professional and personal consequences if it results in a successful conviction.
Misappropriation of Trade Secrets
Business employees misappropriate trade secrets when they acquire trade secrets through improper means. It can also happen when someone discloses or uses a trade secret without authorization. However, prevailing on a legal claim of trade secret misappropriation requires meeting several nuanced legal elements.
Unfair Business Practices
Unfair competition encompasses a wide range of deceptive and fraudulent business practices. A few examples include false advertising, price fixing, and monopolization. However, many other business practices can constitute unfair competition. To evaluate whether a competitor’s actions constitute unfair competition, consult an experienced business law attorney.
Defense Against Discrimination Claims
Employees who believe they have suffered employment discrimination can file claims before the U.S. Equal Employment Opportunity Commission (EEOC). Businesses must also defend themselves against claims of hostile work environment and sexual harassment before the EEOC.
Our Phoenix Employment Attorneys Can Assist Your Business with Its Legal Needs
We know businesses have many kinds of legal needs. If you have any of the legal issues we mentioned above, contact us today. We can provide you with the outstanding legal representation and customer service you deserve. Even if you don’t think your case requires legal representation, an initial consultation can provide you with the answers you need. Call us or contact us today to set up an appointment with our Phoenix employment attorneys.
Our employment lawyers are also able to assist you with the following cases:
- Arbitration and Mediation
- Business Contract
- Constructive Discharge
- Employee Advocacy
- Employment Litigation
- Hostile Work Environment
- Medical & Disability Leave
- Sexual Harassment
- Small Business Consulting
- Wage and Hour Violation
- Workplace Discrimination
- Workplace Retaliation
- Wrongful Termination