Larson & Gaston, LLP

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September 2016 Archives

Documentation is vitally important in a job termination case

Whatever side of the matter you're on in a job termination case (whether you play a role on behalf of a company dismissing a worker or, alternatively, you are that worker), you will automatically look for evidence that documents and sets forth in a detailed manner the stated reasons to support a firing.

Employee versus independent contractor: sometimes a slippery slope

State and federal employment officials and regulators often take pains to walk a very fine line when discussing the use of contracted-for labor by companies across the country.

What should you consider before a business lawsuit?

Before filing a lawsuit, or being the recipient of one, there are a few different things one must think about. If someone files an allegation, take it seriously. Even if the allegations are false, not taking the case seriously could give them a foothold to actually pursue a successful claim.

Court Finds Southern California Truck Drivers to be Independent Contractors

Larson & Gaston recently won a major transportation law defense victory on behalf of one of its motor carrier clients.  Four of the carrier's owner-operators filed claims with California's Division of Labor Standards Enforcement (DLSE), claiming to be employees of the motor carrier rather than independent contractors. This is a common accusation in the ongoing wave of litigation overtaking the transportation industry.  The drivers sought over $500,000 in damages and penalties.  L&G, on behalf of its carrier client, petitioned to compel arbitration of the claims pursuant to the arbitration clauses appearing in the independent contractor agreements.  The drivers opposed, arguing that the arbitration clauses were unenforceable because they were unconscionable and therefore their claims should be resolved at DLSE Berman hearings

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Salt Lake City, UT 84107
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