Some Useful Articles for Business Owners

Aaron Morris

How to Defeat a Section 17200 Suit Before it Cripples Your Company

Some unscrupulous attorneys are using Business and Professions Code Section 17200 to extort money from businesses.  Recent court decisions make it clear that you can rid yourself of these cases before they become expensive.

Six Ways to Keep Your Business Out of Court

Whether you are right or wrong is not always the question. The cost of litigation can put a company out of business. Here are some ways for a business owner to avoid getting sued in the first place.

Skipping Contractual ADR Requirements Can Cost Dearly

Contracts mean what they say, and the standard real estate contract is no exception.  If it says "attempt to mediate" before filing in court, then do it.

Employment Arbitration Agreements - Enforceable? Desirable?

Employment arbitration agreements are all the rage, but do you really want to accept a judgment that may be completely contrary to the law?

How to Avoid Interview Questions that Lead to Lawsuits

In our litigious society, some prospective employees are just waiting for a question that sounds discriminatory. Believe it or not, even a question about the applicant's education can lead to court troubles.

The Americans With Disabilities Act

Learn about the Americans With Disabilities Act and how it impacts your company.

To Drug Test or Not To Drug Test -- An Employer's Dilemma

There can be valid reasons why a company would want to drug test, but make the decision with your eyes open.

"Junk Faxes" -- Protected Free Speech?

You're thinking about sending a fax announcing your latest business innovation. Will you run afoul of the "junk fax" laws, or is the fax protected free speech?

Be A Manager, Go To Jail

Good news -- you've been promoted to manager! Surprise, you are now liable in ways you may not have known. In fact, you may be a manager and not even know it.

If I Can't Fire Him, Can I At Least Demote Him?

California follows the "at-will" employment rule, meaning that in most cases an employer can fire an employee without cause, so long as the termination does not breach a contract or violate public policy. Find out how that rule impacts the ability to demote someone.

Are Non-Compete Agreements Enforceable in California?

Did you sign a non-compete? Were you recently "down-sized" and now concerned that your non-compete will prevent you from working in your profession or trade?  You might be interested in reading about a recent California Court of Appeal decision holding that non-competes are impermissible in California.

How the "Hands Free" Cell Phone Law Affects California Employers

California’s new “hands free” cell phone law took effect on July 1, 2008.  Many small business owners are simply unaware that an employer can be held vicariously liable for resulting injuries and property damage if an employee causes an accident while talking on a cell phone for business purposes in violation of the new law.

Is There Any Way for an Unlicensed Contractor to Successfully Sue for the Money Owed for Services Performed?

The law says, "no license, no money" when it comes to Contractors.  Nonetheless, unlicensed contractors still work and attorneys still try to find ways to get them paid.  Are there any exceptions to he law?

The California Supreme Court Brightens the Line on the Unenforceability of Non-Compete Agreements.

In a ruling long awaited by the employment law sector, the California Supreme Court effectively rejected the use of most non-competition agreements in California.

Deviant Employees Protected from Termination

As you know, Megan's Law set up a website that lists registered sex offenders.  Before extending an offer of employment, one might think that checking that website would be a quick way to make sure a sex offender is not being hired, especially if the job involves contact with children.  One would be wrong.

Noteworthy Cases

Collected here are recent decisions of note that impact our practice areas.

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Aaron Morris is a Partner with the law firm of Morris & Stone, LLP, located in Santa Ana, Orange County, California.  He can be reached at (714) 954-0700, or amorris@toplawfirm.com.  The practice areas of Morris & Stone include employment law (wrongful termination, sexual harassment, wage/overtime claims), business litigation (breach of contract, trade secret, partnership dissolution, unfair business practices, etc.), real estate and construction disputes, first amendment law, Internet law, discrimination claims, defamation suits, and legal malpractice.