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Portland Business & Commercial Law Blog

Company facing business litigation over alleged discrimination

An Oregon employee with certain types of disabilities and physical limitations has the right to work, and his or her employer must provide reasonable accommodations to him or her. When a boss fails to do this, it may be considered disability discrimination, and it could be grounds for a lawsuit. Business litigation against a company in another state illustrates the importance of taking this issue seriously and how failure to do so could be costly.

A construction company was sued by the U.S. Equal Employment Opportunity Commission over events that supposedly discriminated against an employee who had certain types of medical needs. An employee had a seizure at work, and four days after this event, she was fired by her employer. The lawsuit alleges that the company failed to work with the employee to figure out what types of accommodations she may need. 

Maintaining proper cybersecurity is essential for businesses

There have been many stories in the news lately about businesses suffering from damaging data breaches. These breaches can impact any kind of business, from small shops to big companies like Macy’s and Adidas. Data breaches not only place consumer data at risk but also the business’ private data and public reputation.

Many of the businesses targeted in recent data breaches handled these breaches properly. They took swift action and informed consumers as soon as possible of the risk. However, the increase in these incidents is an alarming issue that all businesses must be prepared for. One of the most effective strategies Oregon businesses can use to prepare for and prevent these risks is to establish strict cybersecurity measures.

Oregon health care center facing business litigation

An employee of Unity Center for Behavioral Health in Portland has filed a lawsuit against his employer over concerns about employee safety. He initiated business litigation against the company after claiming he experienced retaliation for reporting safety violations at his place of work. He has been an employee of the Legacy Health system since 1986, and he transferred to Unity Center in 2017.

Shortly after he was transferred to the Unity Center, he says he became concerned about employee safety. One of the complaints he filed was to the Oregon Occupational Safety and Health Administration because of assaults against both patients and staff members, including himself. He filed five complaints over a period of nine months, and he states that his employer retaliated against him for speaking out.

Contracts can protect a business in the event of a divorce

When two or more partners start a business, they have many decisions to make regarding the future direction of their company. One thing they may not want to overlook is the possibility that one of the partners may go through a divorce in the future. This personal choice can have a significant impact on a jointly-held Oregon small business, and there are certain types of contracts that can protect against this possibility.

Marital property is subject to division in a divorce, which includes everything accumulated, bought or saved over the course of a marriage. It is possible this may include business profits or even a share of the value of a company. A partner's soon-to-be-ex-spouse could eventually have controlling stake in a company or a rightful claim to some of the company's profit. In some cases, it may be necessary to buy out that one partner's share of the business, if possible.

Advice for women embarking on business formation process

It's never an easy process to start an Oregon small business, no matter how experienced and knowledgeable an entrepreneur may be. While anyone embarking on the business formation process can face challenges, this is especially common for women. A woman wanting to start a company will find it beneficial to learn about the issues she may face and how she can overcome these issues.

Women are just as capable and knowledgeable as their male counterparts, but unfortunately, not everyone recognizes that. A female entrepreneur can embrace her strengths as a woman while still being tough, tenacious and ambitious. It will also help immensely for any prospective business owner, regardless of gender, to know and clearly articulate his or her vision for the business before starting.

Business formation as a solo entrepreneur

When a person starts a business, there are many important things to consider. It can be especially tricky for a solo entrepreneur, as that individual will have to make all the important choices during the business formation process. When launching a solo entrepreneurial venture, it's crucial to think cautiously and be intentional about choices that lay the foundation for a strong future.

It can be an intimidating process to start a business. There are a lot of unknowns involved with this process, and if the endeavor is not successful, it can be financially devastating for the entrepreneur. This is why there is significant benefit in determining financial risk tolerance before moving forward. Knowing the limits of what can be reasonably handled and having a financial safety net in place can give an aspiring Oregon business owner confidence. 

Discussions to have before buying a business

Are you looking to invest in your future, or more specifically, to buy a business? If so, there are certain things you need to consider.

If you and the business owner you're about to buy from haven't put pen to paper, and have only completed a "handshake" deal, ensure the following discussions are had before finalizing the deal.

Business litigation brought against Safeway for certain fees

The popular supermarket chain Safeway is facing legal complications after a disgruntled customer pointed out an extra fee charged to him at a Portland location. The store was advertising bottles of wine for $3.33, but the customer found that the store charged him an extra 3 cents at checkout. Now the company is dealing with business litigation through a class action lawsuit over unfair charges and supposed hidden fees.

In a statement from the man's attorney, he claims that a new tax passed along to bigger companies operating in the city was in turn passed down to unaware customers. The Portland Clean Energy Initiative went into effect at the beginning of this year, and the Oregon man claims Safeway is trying to avoid these fees by charging customers more. This allegedly includes charging more at checkout than the advertised or posted prices in the store.

Choosing an LLC during the business formation process

When an entrepreneur starts a business, he or she will have to make many decisions regarding the best way forward for his or her company. One of the choices that a person will have to make is how to structure the business by deciding on a specific business entity. This is one of the critical choices for the business formation process. One of the most popular options for Oregon entrepreneurs is a limited liability company.

There are potential advantages for a business by choosing an LLC, and it remains the most common choice for new business. One of the main points of consideration for this option are the tax implications, but an LLC structure can also provide certain protections that other options may not. For example, an LLC may provide an owner with more protection of his or her personal assets against debt collection efforts.

What should a dispute resolution clause include?

It is nearly impossible to entirely avoid disputes in the business world. However, there are ways that business owners can prevent disputes from developing into complex legal issues and proactively protect their business from expensive and risky litigation.

One of the most efficient strategies to manage disputes within the business is to craft a specific and unique dispute resolution clause in each contract.

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