BUSINESS LAW
Practice Areas: Business Law
Sumner & Associates, P.C. provides advice and assistance to many
small and medium sized businesses. Some of the principle areas of the law
include:
Business Formation Business Start Up / Incorporations / LLC and
Partnerships
We represent individuals and companies in a broad spectrum of corporate
entities, from complex corporate structures to single person corporations
and Limited Liability Companies.
Preparation and filing of Corporations, Limited Liability Companies (LLC)
and Limited Partnerships in Michigan.
Business Acquisition, Merger, Purchase and Sale of a Business
We represent individuals and companies in the purchase or sale of a
business.
Stock and asset business purchases, as well as mergers, and corporate
reorganizations.
Collections
Having handled thousands of collection cases, we know how to collect money.
We can pursue our creditor client's rights through prejudgment attachments,
trial, judgment, garnishment and even bankruptcy.
Contracts
A very broad range of agreements, including Independent Contractor
Agreements, Website Development Agreements, Promissory Notes, and Settlement
Agreements.
Corporate Formalities
By-laws, Board of Director meetings, Shareholder Agreements and other
corporate documents.
Employment Law
We are well versed in many aspects of employment law, including employment
contracts, independent contractor agreements, employee policy handbooks, the
Federal Labor Standards Act (FLSA), the Equal Employment Opportunities
Commission (EEOC), and other matters. Our clients rely upon us for
assistance in their hiring, firing, contracting and other decisions.
Franchise Law
We can assist you in setting up a franchise business, buying a franchise or
terminating a franchise agreement. Companies wanting to turn their business
into a franchise operation may wish to utilize our experience in this area.
We can write your Uniform Franchise Offering Circular (UFOC) and obtain
state registration.
Litigation
Our firm has tried several cases involving many different types of
lawsuits. We regularly appear in state and district courts.
Negotiations
If you need representation in settling a dispute, purchasing an asset or
other matter, let us negotiate the deal.
Shareholder and Partnership Claims
We represent individuals and companies in a broad spectrum of issues, from
complex collection claims, such as unpaid federal benefits and security
disputes, to minority shareholder and partnership claims.
Bad Faith Insurance Litigation
Sumner & Associates, P.C., handles cases involving bad faith against their
insurance companies. We represent individuals who have suffered a loss and
been treated unfairly, or in bad faith, by their insurance company.
Sometimes the insurance company has denied their claim or provided an unfair
settlement of a claim. Other examples of bad faith include failure to
investigate a claim promptly and thoroughly, delaying payment of a claim,
denying benefits to a claim unreasonably, using unreasonable interpretations
of the language within the insurance policy, refusing to settle a case, or
refusing to reimburse you for your entire loss. Insurance bad faith is not
only the breach of the insurance policy contract with your insurer, but may
also constitute unfair and deceptive trade practices, entitling you to
trouble damages.
Bad faith is a matter involving an insurance claim that is wrongfully denied
by your insurer. Your insurance policy is a contract between you and your
insurance company. This contract requires that your insurance company act in
"good faith" towards you. If the insurance company withholds benefits of a
policy from its insured unreasonably, the company is considered to be acting
in bad faith.
Employment Termination, Harassment, Discrimination and
Civil Rights Claims
Sumner & Associates, P.C. represents employees who have been wrongfully
discharged or subjected to harassment or discrimination in connection with
their employment. These cases are highly complex and require specialized
knowledge. Our attorneys' experience with the law and procedures of the
administrative agencies that investigate these claims ensures that
employees' rights are protected. We represent employees in proceedings
before the Philadelphia Commission on Human Relations, the Pennsylvania
Human Relations Commission, and the United States Equal Employment
Opportunity Commission. In addition, we aggressively represent employees in
claims in state and federal courts.
Sexual Harassment
The Federal Equal Employment Opportunity Commission (EEOC) has defined
sexual harassment as "unwelcome sexual advancements, requests for sexual
favors, and other verbal or physical conduct of a sexual nature…when…
submission to or rejection of such conduct is used as the basis for
employment decisions… or such conduct has the purpose or effect of… creating
intimidating, hostile or offensive working environment."
Sexual harassment is far broader than threats of discharge for rejecting
sexual advances. Other circumstances of sexual harassment include:
-Repeated sexual innuendo, obscene or off-color jokes, slurs, lewd remarks
and language;
-Content in letters and notes, faxes, e-mail and graffiti that is of a
sexual nature or sexually abusive;
-Sexual propositions, insults and threats;
-Sexually-oriented demeaning names;
-Persistent unwanted sexual or romantic overtures or attention;
-Leering, whistling or other sexually suggestive sounds or gestures;
-Displaying pornographic pictures, calendars, cartoons or other sexual
material in the workplace;
-Coerced or unwelcome touching, patting, brushing up against, pinching,
kissing, stroking, massaging, squeezing, fondling or tickling;
-Subtle or overt pressure for sexual favors; and coerced sexual intercourse.
-Sexual harassment statutes are in effect in various forms in all states,
generally modeled on the Federal law. What principally differs from
state-to-state are the remedies and damages given in successful sexual
harassment claims. Some states allow money damages for personal injuries,
while others also allow punitive damages to be rewarded.
Employment discrimination
Many civil rights laws affect virtually every employment decision. These
laws include:
-Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, as amended
by the Civil Rights Act of 1991;
-The Age Discrimination in Employment Act;
-The Americans with Disabilities Act;
-The Equal Pay Act; and
Other local, state and federal civil rights and anti-discrimination
statutes.
Employment discrimination occurs when a company treats an
employee differently than another employee because of his or her race,
color, age, sex, pregnancy, ancestry, religious affiliation, disability, or
national origin. Employers are not permitted to:
-Fire;
-Fail to hire;
-Fail to promote or give a pay increase to;
-Verbally or physically harass;
-Segregate or assign; or
-Otherwise differentiate a person because of his or her race, color, age,
sex, pregnancy, ancestry, religion, disability, or national origin.
Wrongful discharge/Breach of Contract
A wrongful discharge occurs when an employee "blows the whistle" on
an employer, refuses to participate in some illegal activities, or is
terminated contravention of public policy. State and Federal laws prescribe
what actions are illegal and under what circumstances an employee may have
rights against an employer for being terminated under such circumstances.
If you are employed pursuant to a contract and are discharged in breach of
that contract, you may have a claim against your employer as well. An
experienced attorney should review the terms of your contract to determine
if you have any rights thereunder.
Family and Medical Leave Act
The Family and Medical Leave Act (FMLA) provides employees with the right to
an unpaid leave of absence for up to 12 weeks within a 12 months period, in
order to address family and medical responsibilities. Employees may take
Family and Medical Leave for your own "serious health condition" or that of
your child, parent or spouse, to allow you to take care of that family
member. Also, you can take it in connection with the birth, adoption or
foster care placement of your child. Only companies who employ 50 or more
workers are required to honor the Family and Medical Leave Act.
An employer may not legally terminate an employee while they are off on a
Family and Medical Leave Act leave. Upon the employee's return to work,
the employer is obligated to reinstate them to their prior position of
employment, but if that job is no longer available, then the employer must
offer the employee comparable employment.
Overtime and Wage Collection
Employees are due overtime pay for working more than 40 hours per week in
most situations. Federal law and some states require this. Overtime
generally means earning additional pay for time worked after the employee
ends a regular workday, usually an eight-hour day. The Fair Labor Standards
Act (FLSA) requires employers to pay all of their non-exempt employees
overtime for any hours worked over 40 hours.
Unemployment Compensation
In most states, individuals who lose their jobs through no fault of their
own are entitled to collect unemployment compensation benefits for the
applicable benefit period. In order to be eligible for benefits, one must:
Become unemployed through no fault of his or her own;
Register with and continue to report each week to the local unemployment
office; and
Be available for suitable work.
To apply for unemployment benefits, you must go to your local Unemployment
Compensation Office and fill out the appropriate forms. The Unemployment
office will notify your former employer of your application and ask why you
left your job with that employer. Your claim may be denied if your former
employer responds that you are not entitled to benefits. You may file an
immediate appeal and the local office will make an initial determination as
to your eligibility. A hearing will then be scheduled before an Unemployment
Compensation Referee, who will conduct a evidentiary hearing and issue a
written decision based on the outcome of the hearing. An attorney is
recommended to counsel you in the filing of proper paperwork and to
represent you and protect your rights in the event of a hearing.
