CALL TODAY 408-971-6270
Diemer, Whitman & Cardosi, LLP | Attorneys At Law

San Jose Business & Commercial Law Blog

Four Tips for California Employers Facing an EEOC Investigation

eeoc.jpgThe Equal Employment Opportunity Commission (EEOC) is the agency responsible for enforcing federal laws on employment discrimination. If your company is facing an investigation from the EEOC, it is imperative that you take the situation seriously. One of the biggest mistakes employers make is waiting until a lawsuit is filed to take action. As soon as you receive notice that your business is being investigated by the EEOC, you need to contact an experienced San Jose employment law attorney.

Options for your business when bankruptcy is on the horizon

Like many California business owners, you have faced your share of tough times. You may have had years of great success between years of struggle, but lately, the struggles seem to be coming more often. Undoubtedly, you thought about it long and hard before concluding that bankruptcy may be the best course of action, both for your business and for your personal interests.

As a business owner, you have several options when it comes to bankruptcy. To make the most of your decision, it may help you to have a better understanding of your alternatives.

California Breach of Contract: Tortious Interference Explained

contract-dispute.jpgIn California, it is unlawful for a third party to intentionally interfere with a commercial contract that has been agreed upon by two other parties. Indeed, this type of misconduct is known as tortious interference. Victims of tortious interference can bring a legal claim to hold the third party liable for any damages that they have sustained because of the contract breach. Here, our experienced San Jose business contract dispute lawyers discuss what you need to know about California tortious interference claims.

San Jose's New 'Opportunity to Work' Ordinance Is Now in Effect

new-law.jpgLast November, by a margin of 60-40, San Jose residents voted in favor of Ballot Measure E: the city's 'Opportunity to Work' ordinance. On March 13th, 2017, this new local law officially went into effect. It is imperative that all employers operating within the city are aware of how these regulations will impact their company. To help you get started with any questions you might have, our San Jose business law attorneys have put together some key information regarding the ordinance.

You won your business litigation case, but did you really win?

Are you a company owner in California? Have you ever found yourself in the position where you needed to pursue business litigation against a customer, supplier or partner? It is certainly a tough spot to be in, but sometimes it is necessary in order for you to achieve compensation for any losses you have experienced.

Business litigation cases can be difficult. People typically go to court as a last resort, but you did it and you were successful at proving your case. The judge ordered a monetary judgment in your favor, so case closed -- right? Not likely. Now you have the job of trying to collect on that judgment.

Payless ShoeSource Filing for Bankruptcy, Following Trend of Struggling Retailers

bankruptcy-store.jpgAccording to the reporting from the Los Angeles Times, Payless ShoeSource has filed for Chapter 11 bankruptcy protection. The company, which is based in Topeka, Kansas, operates stores all around the country, including throughout the state of California. At least 400 stores are set to close nationally, with 30 closing in California alone.

Five Things that Must Be Addressed in a California Franchise Agreement

franchise.jpgFor franchisees, their franchise agreement is the fundamental foundation of their investment. If you are considering putting your hard-earned money into a franchise in the Bay Area, it is imperative that you have a well-crafted franchise agreement. Your agreement must be clear and it must adequately protect your legal rights and business interests. Here, we list five critically important issues that must be addressed in your California franchise agreement.

Ready. Aim. FIRE!

If you are honest with yourself, you will admit that things have been bad for some time. Other employees may complain about a particular co-worker, or that worker's production has never been what it should be. The executive may have used excuses or blame to justify his or her poor performance, which caused you to offer one more second chance, but now it's time to face it. The executive must go.

Without a doubt, this is one of the hardest parts of being a CEO. You may lie awake at night imagining the scene that will play out when you drop the ax. Will there be shouting? Violence? Will the former executive hit you with a wrongful termination suit? How can you avoid these possibilities?

Court Rules that Federal Arbitration Act Preempts California State Law

arbitration.jpgRecently, the United States District Court for the Northern District of California issued an important opinion in the case of Bell Prods. v. Hosp. Bldg. & Equip. Co. The court ruled that the Federal Arbitration Act (FAA) preempts a California state statute that requires that arbitration proceedings must remain in state. The decision could potentially have significant ramifications for California businesses and contractors who deal with out of state firms.

Understanding a Secured Creditor's Right to 'Adequate Protection'

debt.jpgA secured creditor is a lender that takes on collateral in exchange for extending credit. If the debtor, for whatever reason, is unable or unwilling to repay their debts to a secured creditor, then the lender can take legal action to obtain the specific asset for which they possess collateral.