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Small Company and Lawsuits

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Mac

Mac

That's a pain in the buns
Does anyone know if there are there laws that protect small companies from having a lawsuit filed against them? My mom thinks there are (according to someone she has talked to) and I'm stuck in between a rock and a hard place right now.


Thanks
 
mstevmac;1212274; said:
Does anyone know if there are there laws that protect small companies from having a lawsuit filed against them? My mom thinks there are (according to someone she has talked to) and I'm stuck in between a rock and a hard place right now.


Thanks
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No offense man, but it is all in the details. Change one little fact and the opinion changes. The best advice I can give you when litigation is a threat is to talk to a good lawyer. "My mom talked to someone who said something about something" is not a good defense strategy.

That said, certain Federal and state civil rights actions brought by employees (age gender and race discrimination type stuff) require a certain size business (number of employees) as a prerequisite for the employee filing suit against his/her employer.
 
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Wrongfully terminated because of injury (that happened at work). That's all I would like to say. And I know the "My mom talked to someone" isn't a good strategy. We are in the beginning steps of taking some action. We are going to talk to a lawyer and see what kind of a case we have and go from there.
 
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mstevmac;1212274; said:
Does anyone know if there are there laws that protect small companies from having a lawsuit filed against them? My mom thinks there are (according to someone she has talked to) and I'm stuck in between a rock and a hard place right now.
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Most of the people who make our laws are attorneys. The only laws that protect small business owners are through incorporation. Hopefully, you've set your business up that way. If not, I'd suggest doing so ASAP.

Incorporating now won't protect you from the past, but it'll shield your personal assets from future actions.
 
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mstevmac;1212308; said:
Wrongfully terminated because of injury (that happened at work). That's all I would like to say. And I know the "My mom talked to someone" isn't a good strategy. We are in the beginning steps of taking some action. We are going to talk to a lawyer and see what kind of a case we have and go from there.
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I thought you were the small business from your initial post. :)

Wrongful termination is wrongful termination. It doesn't matter how big or small your former employer if they violated labor laws protecting workers' rights. The only question is whether they can be held personally liable, or not, and/or acted with malice.

I say this as a former HR director and current CPA. I'm not an attorney, but I've had to deal with these situations in the past. I recommend you find yourself a lawyer ASAP.
 
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mstevmac;1212274; said:
Does anyone know if there are there laws that protect small companies from having a lawsuit filed against them? My mom thinks there are (according to someone she has talked to) and I'm stuck in between a rock and a hard place right now.


Thanks
Click to expand...

My guess is that the SBA is totally worthless and would be no help; however, (it may be worth a try) you could give them a call anyway and see what they have to say, etc.

http://www.sba.gov/

The U.S. Small Business Administration (SBA) was created in 1953 as an independent agency of the federal government to aid, counsel, assist and protect the interests of small business concerns, to preserve free competitive enterprise and to maintain and strengthen the overall economy of our nation. We recognize that small business is critical to our economic recovery and strength, to building America's future, and to helping the United States compete in today's global marketplace. Although SBA has grown and evolved in the years since it was established in 1953, the bottom line mission remains the same. The SBA helps Americans start, build and grow businesses. Through an extensive network of field offices and partnerships with public and private organizations, SBA delivers its services to people throughout the United States, Puerto Rico, the U. S. Virgin Islands and Guam.
 
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mstevmac;1212336; said:
lol guys I'm not the small business
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I hope you kept a copy of your personnel file and performance evals

Firing you because your filed an injury claim is actionable everywhere. But you'll find that you are now the worst employee that they ever had and who was fired for cause...just ask them :biggrin:
 
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