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Have you suffered a damage on the job, or in a commercial situation? Choosing an Attorney for Commercial lawsuits

Choosing an Attorney for Commercial lawsuits

What are COMMERCIAL lawsuits?


· Breach of Contract

Suing for Breach of Contract

First you must have A contract -- an agreement between two or more parties that creates an obligation to do or not do something. A breach of contract is the existence of an agreement or bargained-for exchange where one does not perform as promised.

Age Discrimination -- What Law protects you? -- The Age Discrimination in Employment Act of 1967 (ADEA) protects individuals who are 40 years of age or older from employment discrimination based on age. The ADEA's protections apply to both employees and job applicants. Under the ADEA, it is unlawful to discriminate against a person because of his/her age with respect to any term, condition, or privilege of employment -- including, but not limited to, hiring, firing, promotion, layoff, compensation, benefits, job assignments, and training.

· Lost Profits-- definition --DAMAGES, LOST PROFITS - Amount of profits the plaintiff lost because of diverted sales, price erosion, and/or increased costs.Professor of Law, DePaul University College of Law -- "When injured by another's breach of contract or tort, a commercial plaintiff will often believe that it has suffered lost profits. However, it is much more difficult for a newly formed business to prove lost profits as some courts, applying the so-called "new business rule," refuse to allow recovery of lost profits where the plaintiff is an unestablished enterprise."

**Tortious Interference -- is the causing of harm by disrupting something that belongs to someone else -- for example, interfering with a contractual relationship so that one party fails to deliver goods on time.

**Wrongful Termination is a legal term meaning -- an unfair employment discharge. However, not every unfair employment discharge constitutes wrongful termination.Wrongful termination is the most common term used. But an unfair employment discharge is also referred to as:

* Illegal dismissal * Wrongful discharge

* Wrongful firing * Illegal termination

* Wrongful dismissal* Illegal discharge

**Job Discrimination -- Job Discrimination and Harassment Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.

**Sexual Harassment --What is Sexual Harassment?

Sexual harassment at work occurs whenever unwelcome conduct on the basis of gender affects a person's job, It is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

* submission to the conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or

* submission to or rejection of the conduct by an individual is used as a ,basis for employment decisions affecting such individual, or

* the conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

The U.S. Supreme Court has simplified matters somewhat by explaining that there are two basic types of unlawful sexual harassment. The first type involves harassment that results in a tangible employment action. An example would be a supervisor who tells a subordinate that he or she must be sexually cooperative with the supervisor or he or she will be fired, and who then indeed does fire the subordinate for not submitting. The imposition of this crude "put out or get out” bargain is often referred to as quid pro quo ("this for that"). This kind of unlawful sexual harassment can be committed only by someone who can make or effectively influence employment actions (such as firing, demotion, and denial of promotion) that will affect the victimized employee.

A second type of unlawful sexual harassment is referred to as hostile environment. Unlike a quid pro quo, which only a supervisor can impose, a hostile environment can result from the gender-based unwelcome conduct of supervisors, co-workers, customers, vendors, or anyone else with whom the victimized employee Interacts .on the job. The behaviors that have contributed to a hostile environment have included:

* unfulfilled threats to impose a sexual quid pro quo.

* discussing sexual activities;

* telling off-color jokes;

* unnecessary touching;

* commenting on physical attributes;

* displaying sexually suggestive pictures;

* using demeaning or inappropriate terms, such as "Babe";

* using indecent gestures;

* sabotaging the victim’s work;

* engaging in hostile physical conduct;

* granting job favors to those who participate in consensual sexual activity;

* using crude and offensive language

Compiled for http://yylawyer.com from its associate law firms and US Gov regulations on July 2008 by TM



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