At Bloodworth Law, we see a range of lawsuits brought against and by businesses in the state of Florida. But, what are the top 5 lawsuits in Florida?
Well, the top five lawsuits in Florida happen to include business law and employment law disputes which we handle at Bloodworth Law, PLLC.
I’m attorney Reed Bloodworth, managing partner of Bloodworth Law. We’re located in Orlando but I work with businesses and individuals across the state. I handle business litigation, employment law representation, trust litigation, and probate litigation and travel to most Florida counties.
So, let’s talk about the five most common business lawsuits in Florida.
No. 1 Lawsuit: Breach of Contract
The number one most common lawsuit in Florida is a breach of contract.
What’s a Breach of Contract?
A breach of contract means one party made an offer, the other party accepted that offer, and then one of the parties did not perform according to the agreement.
Breach of contract arises in numerous situations such when a company is sold or purchased when a business merger goes bad, when vendors aren’t paid, services aren’t provided, or products are not delivered.
In essence, a breach of contract occurs when one party breaks a promise to another party.
Whether you’re the company that is accused of breaching a contract, or you’re going after someone because they breached a contract, you’ll have to respond and act in a manner that will support your case.
Do you know whether to engage in calls, e-mails, and in-person discussions?
Should you ignore the other side? And at what point should you hire a lawyer?
Everything you do affects your breach of contract case. Speak with a business litigation attorney as soon as you believe a breach of contract has occurred.
No. 2 Lawsuit: Business Torts
There are many lawsuits filed by and against businesses that are based on business torts. The number two most common lawsuit involves business torts
What is a Business Tort?
So, what is a business Tort? Quite simply, a business Tort is a wrongful act by or against a business, not sound in contract that results in damages.
There are 3 basic types of business torts:
- Intentional Torts
- Negligence related Torts
- Strict liability Torts
Common intentional Torts, meaning the wrongful act was committed on purpose, include conversion, fraud, trespassing, and invasion of privacy.
Common negligence Torts, meaning the person committing the wrongful act did not act as a reasonable, prudent person would have, includes an act of poor judgment and negligent misrepresentations.
Strict Liability Torts
Finally, common strict liability torts, meaning the act itself is so dangerous that a finding of fault is not necessary, only that the Tort occurred, and includes product liability, or extremely dangerous activities such as storing hazardous waste or use of explosives.
No. 3 Lawsuit: Wage and Hourly Law Violations
Wage and hourly law violations are the number three most common type of lawsuit. Wage and hourly disputes are very common, particularly for companies that are based in other countries but doing business in Florida.
For example, a wage issue regarding overtime by multiple employees; or, understaffing at businesses and overworking employees, but not paying properly hourly or overtime wages
No. 4 Lawsuit: Discrimination and Harassment
The number four most common Florida lawsuit involves discrimination and this includes allegations of discrimination, harassment, retaliation, or wrongful termination. Employees are protected from these acts by federal anti-discrimination laws.
If you don’t know these laws you’ll need an employment lawyer to help you through the legal disputes.
A Human Resources staff person is not qualified to advise your business when you are sued or when you’ve received formal complaints from employees.
Number 5: Wrongful Termination
What Does At-Will Employment Mean?
At-will employment means that an employer may fire an employee at any time. But an employer is not allowed to fire an employee for illegal reasons. Illegal reasons would include firing discrimination against any of the protected classes.
Florida is an at-will state, which means an employer can discipline, fire, hire, promote and demote employees for pretty much any reason.
However, the number five most common Florida lawsuit involves wrongful termination.
What is Right-to-Work?
People confuse “at-will” with “right-to-work,” which has nothing to do with wrongful termination. Right to work means employees cannot be forced to join a union to work at a particular job.
Wrongful termination could be pursued by someone fired for:
- Overtime or hourly wage disputes
We can represent you as an employee in this type of dispute or as an employer against whom these accusations have been made.
The key is that you hire the right employment law attorney.
Employment law and business litigation are complicated. If you or your business is facing a lawsuit or potential lawsuit, give me a call, and let’s talk about how Bloodworth Law can help you.