Companies may be impersonal, but they are still made up of people. Regardless of the existence of contracts and agreements between the companies, the people involved may not abide by them through either a mistake or intention. A great deal of business litigation here in Miami and elsewhere ultimately centers on the breakdown of the relationships between the people who own or work in the companies involved.

In many cases, it would be advantageous to preserve the business relationships between the companies and perhaps the people involved as well for the sake of the future of the parties involved. This often means resolving disputes as swiftly and equitably as possible without attracting unwanted attention. For this reason, it never hurts to continue negotiating as long as possible before going into a courtroom.

Even so, entering into negotiations without first understanding all of the facts, information and legalities involved will probably not result in a fair and equitable resolution. Therefore, a thorough analysis of the situation, along with the strength and weaknesses of each party’s positions, could reveal a way forward. It could also help identify points on which a party may be willing to compromise and those he or she will not.

Undertaking this process would most likely go more smoothly by involving a knowledgeable business litigation attorney. Doing so would help Miami companies involved in disputes with the negotiation process while preparing to go to trial. It is important to prepare for any contingency during the dispute resolution process, and experience proves invaluable in these situations.

When people start a business, they typically want to obtain success and be the best in their particular industry. While many companies do reach these goals, it is common for competitors to claim that they did so through unjust or illegal means. In some cases, successful companies could face business litigation over claims of unfair competition.

A case in another state involving Uber Technologies may be of interest to Florida readers. According to reports, Uber is facing claims from a former ride-share company that has gone out of business. Sidecar Technologies began in 2011 and carried out ride-share services, similar to those of Uber. However, the company claims that Uber used predatory pricing practices that made it impossible for Sidecar to continue its business.

Apparently, Sidecar claims that Uber offered lower prices to customers and higher pay to drivers but that the company planned to raise prices and reduce driver pay after the competition was reduced. Sidecar believes that this was an anticompetition practice and that it contributed to the company having to close its doors. It was noted that a previous lawsuit filed by Sidecar regarding Uber’s actions was dismissed, but this more recent claim has been allowed to move forward.

It is not unusual for successful businesses to face legal claims. As this case shows, companies may need to defend their actions against those who claim that they acted unfairly. If Florida companies are facing claims of unfair competition or other similar allegations, they may want to go over their available legal options for effectively handling such business litigation.

The hiring process can be intimidating for many employers, especially since you are dealing with many regulations related to fairness and discrimination. While it is important to screen applicants and learn as much as you can about them to find the one who is best for the job, it is also critical that you not violate the applicants’ rights under the Americans with Disabilities Act. In some cases, the wording of a single question can make all the difference.

If you have recently interviewed candidates for open positions in your company, you may agree that the process was stressful, especially if any of your candidates had visible disabilities. Understanding the limitations the ADA places on you can help you avoid discriminatory practices during the hiring process.

Watch what you say

The ADA covers every aspect of employment, from recruiting and advertising open positions, through the selection and interview process, and including hiring and training. Because of ADA, those with disabilities should feel confident that their impairments will not affect an employer’s decision to hire, train, promote, provide benefits for or terminate them. The underlying foundation of the law is to provide those with disabilities a fair opportunity to compete for jobs for which they are qualified. Therefore, the following are key during the interview process:

• You may not ask questions about an applicant’s disability.
• You may not inquire whether someone’s physical condition will prevent him or her from accomplishing the essential tasks of the job.
• Your interview questions should focus more on the applicant’s strengths and abilities than on his or her weaknesses.
• Any interview questions you ask of a candidate with a disability you must consistently ask of every candidate you interview.
• Questions about an applicant’s mental health, treatment for addiction, physical conditions or time lost at previous jobs because of illness are off limits.
• You do not need to discuss accommodations with an applicant unless you observe a disabling condition or the candidate tells you about a disability.
• You do not have to hire someone just because he or she has a disability if another candidate is more qualified.

The purpose of the hiring process is to find an employee who will be a benefit to your company whether the person has a disability or not. However, if you are now facing accusations of discrimination because you did not hire someone with a disability, you probably already know you are in a delicate situation. You would be wise to seek legal advice from a Florida attorney who has experience defending employers against accusations of discriminatory hiring practices.

As a Florida business owner, you cannot make a profit unless the people who patronize your company pay you. When you don’t get the money rightfully owed to your company, it’s frustrating because you’ve already invested your time or given product to the customer. There are times when it may be necessary to explore the legal options available if you need to collect payment.

Creditors have certain rights, including the right to pursue payment. While there are limits to what you can do, the law provides a way for you to seek recourse for unpaid balances. It is in your interests to know how you can move forward, get what others owe you and minimize your financial losses. Creditors’ rights can be a complex issue, and you may find it beneficial to seek guidance regarding your options.

Out-of-court options

You may be hesitant to initiate a legal proceeding over an unpaid debt. There are out-of-court options available to you that may be effective in your effort to collect what’s owed to you. One remedy is to simply reach out to the party that owes you money and request payment. If this is not effective, you may be able to turn the account over to a debt collection agency. You can do both of these without involving the court.

Claim to debtor’s property

If a self-help remedy is not effective in your situation, you may want to consider a secured transaction. This is a process in which the debtor gives you a claim to his or her property through a specific type of loan or sale transaction. As a secured creditor, you can then take back property if the debtor does not pay. This is more common in home or car purchases.

Going to court

Sometimes, it is necessary to go to court to get the money owed to you. The court may determine various types of remedies are appropriate, including handing over property to the creditor or compelling the debtor to pay. Of course, going to court can be complex, but this is an option if other methods are not possible or have not been successful.

The interests of your company

If you are waiting on payment of an unpaid balance, it’s in the interests of your company to know how to proceed. You have the right to avoid financial loss and compel payment from those who own your business money. You may find it beneficial to discuss your options with an experienced creditors’ rights attorney.