February, 2012 | The Law Offices of Gregory D. Jordan

Breach of Contract Concerns Best Handled With Experienced Legal Counsel

Businesses are usually built by dedicated owners, but often a business’ success will depend upon enforcement of contracts that help the business carry out sales, production, partnerships, and many other essential activities. When each party signs a contract, there is an understanding that each will carry out its obligations and duties as set out by the contract in good faith. Honest, fair dealing is critical to uphold a contract.

Unfortunately, situations arise where contracts are breached. The parties may seek to resolve their dispute through mediation, binding arbitration, or a lawsuit. Breach of contract cases can involve almost any imaginable issue, but common claims include when one party does not meet the time requirements set out in the contract, the terms established, or fails to perform entirely.  The damages can be material or immaterial, and thus can help determine the legal remedy to be sought for the breach of contract.

Evidence showing losses or other monetary damage is often crucial to success on a claim. Sometimes a court will consider whether a party acted in bad faith. Many times, a party may have a valid defense to a breach of contract claim such as fraud, mistake, or undue influence. In these instances, a contract may be cancelled.

As contract disputes can be complex and affect a business’ financial livelihood, it is important to have legal counsel early in any dispute. A skilled business litigation attorney can help when contract negotiations are underway and in the event a dispute develops. To learn more, contact Austin business litigation attorney, Austin business lawyer and Austin breach of contract attorney Gregory D. Jordan at (512) 419-0684.

Best Practices for All Sides to Comply with for ADA Requirements in the Workplace

It is important for workers with disabilities to know that they have a right to reasonable accommodations to perform their duties while on the job. Disabled individuals should not be subjected to harassment or retaliation because of their disability, whether it has been a lifelong condition or a new development.

Reasonable accommodations may include assisting disabled individuals with special equipment or modified work schedules, and making the work environment accessible for their disability. Employers of all types with 15 or more employees are required to meet the mandates of the Americans with Disabilities Act. Reasonable accommodations should generally be made unless it would cause an undue hardship on the employer.

Employers should know that it is often illegal to unfavorably treat a person with disabilities by modifying their pay or benefits, or using their condition to discharge, demote, or reassign their job. When discrimination is avoided and reasonable accommodation requests are handled well, liability for ADA claims can usually be avoided. Often the best practice for an employer is to sit down with an employee and make sure to understand their limitations.

ADA requirements can be complicated. If you are an employer, it is highly recommended you consult with a skilled Austin disability discrimination lawyer or Austin employment attorney to create and review policies as well as conduct investigations when a complaint has occurred. If you are an employee who may have been subjected to disability discrimination, it is also very important to speak with a knowledgeable Austin employment attorney before going to the EEOC or TWC. Having an experienced attorney on your side will help when the EEOC, Department of Labor, or TWC is reviewing a complaint. To learn more, contact Austin disability discrimination attorney, Austin employment lawyer and Austin business attorney, Gregory D. Jordan at (512) 419-0684.

Disability Discrimination Lawsuit Against CVS Pharmacy Asserts Harassment and Retaliation

A pharmacist at CVS Pharmacy has filed a discrimination lawsuit against the company claiming she experienced harassment and retaliation after she requested an accommodation for her disability. In Juanita Gilbert v. CVS Pharmacy Inc., Gilbert seeks compensation for her pain and suffering, lost wages, punitive and statutory damages, and all related attorney and court costs.

Gilbert was a pharmacist at CVS since 1999. She worked her way up to the position of pharmacist in-charge. In August of 2009 she told her district pharmacy supervisor that she had a disability and requested accommodations. After that, Gilbert asserts her supervisor began to harass and retaliate against her. Gilbert claims that in March 2010, the supervisor told her that she had three complaints against her. By the time her employee review came around in August 2010, she received an unfavorable review. She was written up due to the complaints and her pay raise was affected. On January 3, 2011, she was discharged from her job.

Gilbert alleges that because of her request for a disability accommodation, she was treated differently. Such retaliation would violate the Americans with Disabilities Act as it is illegal to retaliate or terminate an employee based on their disability. A disability generally also cannot be made the basis for discharging, demoting, or changing other terms and conditions of a person’s job. Persons with a history of disability, new concerns stemming from a disability, or limitations from an existing disability cannot be treated badly because of their condition.

Employers are usually required by law to provide reasonable accommodations to employees or job applicants unless it would create undue hardship to the employer. They cannot discriminate based on a disabled person being unable to carry out functions that are not essential to the job. Reasonable accommodations may include helping an employee perform his or her job duties, access the benefits and privileges of the job, and even assist a disabled person to apply for a position in the company. Harassment is also illegal and includes situations where offensive remarks become so persistent or severe that it makes the work environment hostile or offensive.

The U.S. Equal Employment Opportunity Commission, the Department of Justice and the Texas Workforce Commission are all involved in disability matters. All employers, including local and state government, with 15 or more employees are required to follow the ADA. Individuals who believe they may have a disability discrimination claim are strongly advised to contact a knowledgeable Austin Employment Attorney prior to going to the EEOC or TWC. Employers who have concerns about applying the ADA or who have experienced a claim are encouraged to do the same.

Gregory D. Jordan is an Austin employment lawyer, Austin disability discrimination attorney and Austin business litigation lawyer. To learn more, visit Theaustintriallawyer.com.

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