Category: Articles, Business & Commerce, Communications, Employment, Human Resources, Resources for Attorneys, Resources for Experts What Every Small Business Needs to Know About Avoiding Wrongful Termination Lawsuits TASA ID: 321 Small businesses are as vulnerable to wrongful termination lawsuits as much as large businesses. While I am not an attorney, as a small business owner who does a great deal of consulting work with HR departments, I think it’s imperative to know the risks and issues surrounding employee terminations. Wrongful terminations, also known as wrongful discharges or wrongful dismissals are legal terms that describe a situation where an employee was fired and the reason for the firing appears to be against the law. There are many causes for this but no matter the cause; it can be costly for a small business to be sued. Studies have shown that a company's legal costs in a wrongful termination lawsuit can run up to $85,000, and that winning plaintiffs receive judgments averaging $500,000. Read more
Category: Articles, Business & Commerce, Communications, Education, Employment, Resources for Attorneys, Working With Experts THE CASE WHEN THE TABLES WERE TURNED TASA ID: 408 When I was recommended by my own attorney to one of his colleagues, I found myself in an awkward situation. It was awkward because I didn’t want to return any obligations which may have jeopardized my relationship with my counsel and which may require that I ‘find’ I disagreed with my suggested role as a consultant. Regardless, I was introduced to the attorney who represented the husband in a pending divorce case. Study of the situation revealed that there was an abundance of money involved, and the ‘departing’ wife wanted a large share of it all. The husband wanted to mitigate his obligations. Read more
Category: Articles, Business & Commerce, Communications, Computer/Internet, Employment, Resources for Attorneys, Resources for Experts Defamation Defense: Is There a Third “Bite of the Apple” Available? TASA ID: 2156 In defamation cases, there are two basic “tried and true” defenses utilized in lawsuits, whether the charge is libel, slander or both. The first is “truth” because one of the elements that must be proven in a defamation lawsuit is the falsity of the statement. Therefore, if the statement is true, there is no basis for defamation. Read more
Category: Articles, Business & Commerce, Communications, Marketing, Resources for Attorneys, Resources for Experts Image/Reputation/Brand Damage: Does Litigation Solve the Problem? TASA ID: 2156 When the image, reputation or brand of a person, business, organization or any type of entity has been damaged by defamation (e.g. libel, slander) or any form of communications or action by another, it often leads to litigation. The wronged party seeks redress in some form or another to “right the wrong” so-to-speak. It could be simply to have the offending party admit they were wrong (to specific parties or publicly), to have them apologize, to reverse an action, to demand restitution in some form, etc. In many instances, it involves litigation. Read more
Category: Articles, Business & Commerce, Communications, Entertainment, Marketing, Media, Resources for Attorneys Image/Reputation Damage From Media News Reports: Is it Legally Actionable? TASA ID: 2156 So the operative question here is: “when media exposure of a negative event or activity harms the image or reputation of a person or entity, is it actionable in terms of a lawsuit?” The answer is, “yes and no.” I’ve served as an expert witness in numerous cases relating to media reports that caused damage, representing both the plaintiff’s (those claiming harm) and the defendant’s (those that took the actions that resulted in the media reports). Let’s be clear about one thing first, the media is not the culprit and cannot be the targets of lawsuits if their reports were accurate as to the facts and there was no judgements made in the reports as to guilt or innocence. One might quibble about the extent of the coverage provided or whether it was fair or balanced but the media has a right to report the news as long as it is fair and accurate. Read more
