There are multiple different types of situations where business litigation may be necessary to address losses or other damages that have affected a company. These cases may involve contract disputes, violations of non-compete agreements, or other situations where a business seeks to recover compensation for losses. However, some business disputes may involve fraud or other criminal actions, and if a plaintiff can demonstrate that another party violated the law, they may be able to recover additional compensation through Florida’s Civil Theft Statute.

Remedies for Civil Theft

Fraud and other forms of theft can significantly affect a company. When another party acts with intent to cause harm or otherwise engages in deceptive practices meant to benefit them financially, this can result in substantial losses. Fortunately, a business that has been the victim of fraud or theft may pursue compensation under the Civil Theft Statute, and if they are successful, they can receive treble damages. This means that they may receive three times the amount of the actual monetary losses they experienced because of the theft. A defendant may also be required to pay a plaintiff’s attorney’s fees.

Demonstrating that theft has occurred is not always easy. Florida courts have ruled that a plaintiff must show that a conversion occurred in which money or assets belonging to one party were illegally transferred to another party, and the defendant must have acted with criminal intent to deprive the plaintiff of property or benefits they would receive from ownership of property. These cases require a “clear and convincing evidence” standard, meaning that based on the evidence, a plaintiff’s claims must be substantially likely to be true.

There are multiple types of situations where disputes may arise between business partners. In some cases, partners may not agree about a business’s goals or the roles and responsibilities of the partners or other business personnel. In others, one partner may believe that another partner has failed to uphold their fiduciary duty to protect the interests of the business. Partnership disputes can have a significant impact on multiple parties, including the partners themselves, other shareholders or investors, and others involved in the business. In many cases, partners will be looking to resolve disputes in a way that will minimize the negative effects on the business while still protecting their financial interests. In many cases, arbitration is an effective way to do so.

Understanding the Arbitration Process

There are a variety of methods that may be used to resolve business disputes. While partners may negotiate agreements between themselves, they may not fully understand the best ways to protect their rights and interests as they make decisions. Litigation in court may ensure that legal issues will be handled properly, but this process can be expensive and time-consuming. Arbitration can provide a middle ground, providing partners with the opportunity to present arguments and evidence to a neutral third party who will determine how the disputes will be resolved.

Partners will need to agree to use arbitration to resolve their disputes. A partnership agreement may include an arbitration clause stating that this process will be used to resolve certain types of disputes. Alternatively, partners who encounter disputes may choose to proceed with the arbitration process instead of pursuing litigation. In most cases, arbitration will be binding, meaning that the parties will need to abide by the decisions made by the arbitrator. 

Originally published: July 9, 2020 -- Updated: June 17, 2022

Throughout my 20-plus years of practice, and especially recently, I have had substantial involvement in enforcing oral contracts, and in doing so, I have obtained significant payouts for my clients. While there are some situations where courts in Florida may enforce oral contracts, it is essential to understand the limitations that apply. It may be more difficult to enforce these types of contracts since, without a written contract, the parties may be unable to prove the terms, the classic he said she said, and there may be legal principles that prevent enforcement.

May is Mental Health Awareness Month. According to the National Institute of Mental Health, nearly one in five adults in the United States lives with a mental illness. It’s not only prevalent but so many more people are opening up and sharing their own journeys with mental illness in very public manners – from conversations to bigger social media platforms. 

At the Elliot Legal Group, we always want to be sensitive and compassionate to our clients’ personal backgrounds and circumstances. The ability to shine a light on mental illness in May, and beyond, is a fantastic way to normalize the conversations and further remove the stigma. It’s also important to us that our clients who do suffer from any level of mental health issues, know and understand their rights and that they feel seen.

We know that the intricacies of the law are dynamic. They change. They evolve. The law can be confusing and even a little bit tricky to navigate at times. That’s why it’s crucial to have counsel on your side who can help you with legal matters and give you a solid understanding of your rights. Many times, unfortunately people with mental health disorders can get lost in the shuffle and have even been discriminated against within the legal systems in their respective counties and states. 

In many cases, businesses will be looking to avoid legal disputes, since litigation can be costly and time-consuming, and an unfavorable decision in court can have a significant impact on a company’s bottom line. While many of these cases involve disputes with other companies or outside individuals, there are some situations where employees or former employees may take legal action to address issues related to the wages a company pays or other employment law matters. Understanding how to avoid these disputes or address these concerns can be crucial, and taking the right approach will ensure that a company will be able to hire and retain workers and continue operating successfully in the future.

Wage and Hour Disputes

Some of the most common disputes with employees involve the wages paid by an employer. A business must pay at least the minimum wage to all employees, and it may be penalized if it fails to do so. In Florida, the current minimum wage is $10.00 per hour as of September 30, 2021. The minimum wage will increase by $1.00 each year until it reaches $15.00 per hour on September 30, 2026. For tipped employees, employers may deduct a tip credit of $3.02 from a person’s wages, meaning that the current minimum wage is $6.98 per hour, and in 2026, it will be $11.98 per hour.

Labor laws also require employers to pay workers for all hours worked, as well as overtime pay for any time worked in excess of 40 hours per week. The rate of overtime pay must be at least 1.5 times the person’s regular hourly wages. In some cases, disputes may arise regarding whether certain activities are considered to be compensable work. For example, an employer generally may not require an employee to be present at an office or job site for a certain amount of time prior to actually beginning work unless the employee is paid for this waiting time. Similarly, if an employee continues performing work after the end of their shift in order to finish a task, this is considered working time, and the employee must be compensated for this work.