Law Office of James C. Eschen
phone number
HomeBusiness DisputesReal EstateAppealsLicense DefensePublicationsResourcesContact Us
Avvo AdvisorLinkedIn Twitter

Business Disputes

Business DisputesSanta Cruz Business Litigation Attorney ~ Experienced and Powerful Representation

Business is all about relationships. Sometimes those relationships go bad. That’s where I come in. A contractor may not deliver the product or service you need. A partner may be in it more for himself than he is for the business. Employees may say they are not getting what they deserve. A former associate may use the trade secrets you developed through your hard work.

For experienced representation regarding contracts, breaches of fiduciary duties, employee compensation, and trade secrets and unfair competion, contact my Santa Cruz, California office at 831-466-0753. At your low cost initial consultation we will focus on letting know what you can expect in your dispute and develop a clear plan for moving forward.

Contract Disputes

Contracts are the foundations on which a business is built. They describe what each party to them has agreed to give up to and get from the other. People in business may have any of the the following disputes, and more, over them:

They won’t pay! What do I do about it?
Did I do what the contract required me to do?
This product isn’t what I wanted at all. Can I get my money back?
What are our obligations that aren’t part of the written contract?
Is this agreement enforceable?

Breach of fiduciary duties

Partners, corporate officers and directors, and agents have duties of trust and loyalty, or “fiduciary duties,” to each other. In the case of an alleged breach, I undertake a fact-intensive analysis of the relationship and the conduct and pursue your best interests, whether through negotiation or litigation. The following disputes suggest a breach of fiduciary duty:

Did I tell my partners everything I was supposed to?
Can the corporation of which I am a director enter into a contract with my own company?
She was supposed to be working for us! Can she take the business opportunity for herself?

Employment Disputes

Many employers trip over complex regulations, while others set out to deny employees the wages they’re due. An employer who misclassifies an employee as exempt from overtime or who fails to pay wages on time faces heavy liability. California’s law requiring meal breaks for employees is vague.

Must I pay overtime to that employee?
Can I tell my employees to take meal breaks whenever they can fit them in?
How long do I have to pay terminated employees?
Can I tell my employees that they have to use their accrued vacation time or lose it?
Can my employer fire me for insisting on getting paid what I am supposed to?

Unfair Competition and Trade Secrets

The law wants to stimulate businesses to compete. It also wants to protect competition’s fruits. Sometimes those goals conflict. When they do, businesses end up facing each other in court.

Here are some of the more frequent disputes companies get into:

May I call my former employer’s customers?
May I prohibit my employees from competing with me when they leave?
What can my company do to get our competitors’ business?
What can I do with all these interesting papers I pulled from my competitor’s garbage?