Find the Employer Law Advocates You Need At Trembly Law The Coronavirus (or “COVID-19”) crisis is generating seismic changes throughout the economic landscape of many, if not all countries throughout the world. Such changes force business owners and employers to consider how they manage their business operations, which in turn make it difficult to manage...
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In a recent post, we provided some general do’s and don’ts for employers planning on using non-compete agreements to protect their legitimate business interests. Broadly speaking, there are several requirements for employers to meet in order for a non-compete agreement to be enforceable in Florida (an employer-friendly state). The main reason these requirements exist is...
If you are considering working with an independent franchise association, it is important to understand that there are benefits as well as disadvantages of going this route. Understanding all of the differences between them can help you make an informed decision about what is most appropriate for you. An independent franchisee association is an organization...
In Florida, partners are expressly permitted to leave a partnership at any time as long as it is not in contravention of a partnership agreement or leaves as a result of going bankrupt during the term of the partnership. Florida has adopted the Revised Uniform Partnership Act. This allows the partnership to be treated as...
Non-compete agreements, which are sometimes referred to as “restrictive covenants,” are highly debated and, sometimes, hotly contested (in court). Many states (like California) take the position that they are unfair to rank-and-file employees, while other jurisdictions (such as Florida) contend they are necessary for providing small businesses a fair shake in free enterprise. Even though...
In the past, we’ve discussed some of the issues which can arise when a party has difficulty performing the terms of a contract completely. For instance, we’ve discussed the concept of substantial performance. Today, we’re going to discuss another related concept: impossibility. Whenever a contract is breached, the question always comes up: how will the...
Recently, we discussed the concept of liquidated damages in breach of contract cases. Liquidated damages are something which every business owner should know about. Nearly every business owner will come across these clauses at one point or another. As we know, liquidated damages are a fixed amount of compensation which is mutually agreed at the outset of...
A derivative action is a lawsuit brought by a corporation’s shareholders on its behalf against a third party. Usually, this third party is an inside member, such as a director or board member. Shareholder derivative litigation 101 doesn’t have to be rocket science. Let’s go through some of the basics. Most jurisdictions require that the...