DKB LEGAL counsels and represents small, mid-size and startup businesses in many types of matters, including:
Employment Contracts.
Employment contracts are utilized across various employment settings, with particular emphasis on executive, management, and professional roles. These agreements serve an important function by clearly outlining the responsibilities and benefits that pertain to both the employer and the employee. The detailed terms help ensure that both parties understand their obligations and entitlements, fostering a transparent working relationship.
One of the key advantages of employment contracts is the protection they offer to both employers and employees. By establishing clear parameters, these contracts safeguard the interests of each party and help prevent misunderstandings or disputes regarding the terms of employment.
DKB LEGAL assists clients with the review and negotiation of employment contracts. The firm works to ensure that agreements are fair and properly reflect the intentions of both the employer and employee. Additionally, if a dispute arises concerning an employment contract, DKB LEGAL provides guidance to its clients throughout the resolution process, whether the matter is settled informally or requires court intervention.
Restrictive Covenants in Employment Contracts.
Employment contracts frequently contain various restrictive covenants designed to protect the interests of employers. Noncompete clauses are the most common. These provisions restrict a former employee’s ability to engage in competing business activities for a specified period and within a certain geographic area.
In addition to noncompete agreements, employment contracts often contain non-solicitation requirements. These clauses are intended to limit a former employee’s ability to solicit the employer’s customers, suppliers, or employees after their employment concludes.
Employment contracts also frequently contain non-disclosure or confidentiality clauses. These provisions are designed to restrict an employee’s ability to share or use information obtained during the course of employment, ensuring that sensitive business information remains protected.
Employment contracts often contain noncompete clauses. In addition to noncompetes, employment contracts often include non-solicitation requirements, which limit a former employee's ability to solicit his or her former employer's customers, suppliers or employees. Employment contracts also frequently contain non-disclosure or confidentiality clauses, which limit an employee's ability to share information obtained during employment. DKB LEGAL represents its clients in determining the whether or not noncompete, non-solicitation or non-disclosure provisions are enforceable. And, if a dispute arises, DKB LEGAL has considerable experience litigating noncompete, non-solicitation and confidentiality agreements.
DKB LEGAL assists clients in evaluating whether noncompete, non-solicitation, or non-disclosure provisions are enforceable under applicable law. When disputes arise regarding these restrictive covenants, DKB LEGAL has significant experience representing clients in litigation involving noncompete agreements, non-solicitation clauses, and confidentiality provisions.
Severance Agreements.
When an employee leaves a company, it is common for the employer to offer a severance agreement. These agreements are formal documents that outline the terms and conditions under which the departing employee will receive certain benefits following the end of their employment.
Severance agreements may provide for a range of payment terms. These terms specify the nature and amount of compensation the employee will receive, such as lump-sum payments, continuation of salary for a specified period, or other financial arrangements. In addition to payment terms, severance agreements often include other important provisions. A common element is the inclusion of releases of claims, where both the employer and the employee agree to waive any claims they may have against one another. These agreements may also contain noncompete requirements, restricting the employee from working with competitors for a certain period.
DKB LEGAL works with small, mid-size and startup businesses to evaluate the need for severance agreements, negotiate and draft the agreement and assist with enforcing the agreement when necessary. DKB LEGAL also works to assist individuals in understanding their rights and responsibilities under severance agreements.
Workplace Harassment.
Workplace harassment extends beyond the commonly understood issue of sexual harassment. It encompasses any employer behavior directed toward employees who are members of "protected classes" that results in a hostile work environment. Protected classes may include individuals identified by gender, age, race, religion, or national origin.
Harassing conduct can manifest in various forms, such as insults, bullying, inappropriate jokes, and the sharing of offensive pictures. It may also involve sending unwelcome content through emails, text messages, or social media posts. Essentially, any behavior intended to intimidate or degrade an employee could be considered harassment in the workplace.
DKB LEGAL represents small, mid-size and startup businesses to avoid and, when necessary, resolve workplace harassment claims.
Employment Discrimination Laws.
Employers in the United States are subject to various state and federal laws that prohibit discrimination against employees. These laws are designed to protect individuals from unfair treatment in the workplace based on specific characteristics such as gender, race, age, disabilities, national origin, religion, pregnancy, or sexual orientation.
Key legislation in this area includes:
The Civil Rights Act: Prohibits discrimination based on race, color, religion, sex, or national origin.
The Americans with Disabilities Act: Protects individuals with disabilities from discrimination in employment.
The Age Discrimination in Employment Act: Safeguards employees and applicants aged 40 and over from age-based discrimination.
Other Laws: Additional state and federal regulations provide further protections for employees against various forms of discrimination.
Discrimination in the workplace can manifest in several ways. It often occurs when an employer takes negative or unfair actions against an employee, such as termination or demotion. Other signs may include discrepancies in compensation, benefits, or access to employment opportunities.
Discrimination is not limited to current employees. Employers may also face claims of discrimination based on their hiring decisions if those decisions are influenced by protected characteristics.
DKB LEGAL represents small, mid-size and startup businesses to avoid and, when necessary, resolve employment discrimination claims.
Employee Fidcuiary Duties under Indiana Law.
Under Indiana law, employees are subject to specific fiduciary duties during their employment. One of the primary obligations is the duty of loyalty, which applies regardless of whether a noncompete agreement exists between the employee and employer.
While employed, individuals must remain loyal to their employer and act in the employer's best interests. This duty prohibits employees from engaging in activities that would directly compete with their employer during the course of their employment.
Indiana law recognizes that employees may engage in certain preparations to compete with their employer. However, these preparations must not rise to the level of actual competition. Employees are not allowed to actively compete with their employer until their employment relationship has officially ended.
DKB LEGAL counsels and advises small, mid-size and startup companies in Indiana to ensure that their employees understand and adhere to fiduciary duties, and, when necessary, DKB LEGAL assists its clients in enforcing those duties.
Contracts: Protection and Dispute Resolution.
Contracts are fundamental to both business and everyday life, serving as the backbone for agreements between parties. They clearly define the rights and obligations of each party, which helps prevent misunderstandings and protects the interests of those involved. By establishing these clear terms, contracts contribute to the smooth functioning of operations and provide a reliable framework for resolving issues should they arise.
DKB LEGAL partners with clients to make certain that their rights are protected and their interests are preserved. Through a thorough review and evaluation process, DKB LEGAL assists clients in identifying potential risks in contracts and ensures that all terms are both fair and enforceable. This careful approach helps clients avoid unexpected liabilities and promotes stronger, more secure business relationships.
When disputes over contracts occur, DKB LEGAL provides comprehensive support throughout the resolution process. The firm works closely with clients to pursue the most effective solution, whether that involves informal negotiation or formal proceedings in court. DKB LEGAL’s guidance aims to achieve the best possible outcome, protecting clients’ interests every step of the way.
Business Dispute Resolution. Business disputes extend beyond contractual issues and can arise in many different areas. DKB LEGAL has extensive experience representing clients in a wide variety of business-related matters, including claims of fraud, negligence, trade secret misappropriation, unfair competition, business ownership disputes, interference with business and contractual relationships, defamation, insurance coverage and defense, collections, products liability, real estate disputes, and distributorship disputes. This broad expertise ensures that clients receive knowledgeable support regardless of the nature of their business dispute.