What Should I Do If My Business Is Sued?

As a small business owner, the last thing you want to hear is that you are being sued. But the reality is that it can happen to anyone.

Whether it’s a customer who slips and falls on your property, a competitor who accuses you of stealing trade secrets, or an employee who claims discrimination, lawsuits are a common threat to small businesses.

The good news is that there are steps you can take to minimize the damage and protect your business if you find yourself facing legal action.

Common Lawsuits Facing Small Businesses

Before we dive into what to do if you are sued, it’s essential to understand some of the most common types of lawsuits affecting small businesses:

1. Slip and fall accidents

These types of lawsuits can arise if a customer, vendor, or visitor slips and falls on your property. To protect your business, ensure your premises are well-maintained, free of hazards, and properly marked.

Ensure your floors are free of spills, rugs and mats are in good condition, and handrails and lighting are in good working order.

Regular property inspections can help you identify and address potential hazards before they become a problem.

Additionally, consider posting signage to warn of potential dangers, such as wet floors or uneven surfaces.

2. Employee lawsuits

Employees can sue for various reasons, including discrimination, harassment, and wrongful termination.

To minimize the risk of employee lawsuits, it’s essential to have clear, fair policies in place, train your managers and employees on those policies, and regularly review your practices to ensure compliance.

This includes clearly understanding federal and state employment laws, such as the Fair Labor Standards Act (FLSA) and Title VII of the Civil Rights Act.

Ensure that all employees understand your company’s policies on issues like harassment and discrimination and have a clear process in place for reporting any incidents.

Regular training sessions can help keep your employees informed and prepared to handle any situations that may arise.

3. Intellectual property disputes

If you’re in a creative industry, such as graphic design or web development, you may be the target of an intellectual property lawsuit.

To protect your business, it’s crucial to have a solid understanding of copyright and trademark law, as well as to have clear contracts in place with your clients.

This means understanding the difference between copyrights and trademarks and how they apply to your business.

It also means having clear contracts in place with your clients that define the scope of your work and establish ownership of any intellectual property created.

Have a process for protecting your intellectual property, such as registering trademarks and copyrights and properly labeling your work.

4. Contract disputes

Contract disputes can arise when one party feels the other has breached the agreement.

To minimize the risk of contract disputes, it’s important to have well-written contracts that clearly define each party’s responsibilities and thoroughly review any agreements before signing them.

This means taking the time to carefully read and understand any contracts before signing them and ensuring that all parties agree on the terms of the agreement.

It also means having clear processes in place for addressing any disputes that may arise, such as mediation or arbitration.

Regularly review your contracts to ensure they are relevant and in line with your current business practices.

5. Breach of fiduciary duty

This is one of the most common types of lawsuits facing small businesses. Fiduciary duty refers to the responsibility that a person or company owes to another, such as a shareholder or customer.

To protect your business from breach of fiduciary duty lawsuits, it’s essential to have clear policies and procedures in place for handling any potential conflicts of interest.

These policies should be clearly outlined in your company’s corporate documents and regularly reviewed to ensure compliance.

It’s also essential to clearly understand the fiduciary duties that apply to your business, such as loyalty and good faith.

Regular training sessions can help keep employees informed and prepared to handle any situations that may arise.

6. Unpaid Wages

Your small business can also be sued for unpaid wages. It’s essential to clearly understand the wage and hour laws in your state, as well as any federal labor laws that may apply.

You should also have policies in place for tracking employee hours and paying employees on time. This includes detailed records of hours worked, accurate payroll information, and clear communication with employees about their paychecks.

Regularly review your policies and procedures to ensure compliance with the law and have a process in place for addressing any complaints employees may have about unpaid wages.

What to Do If Your Small Business Is Sued

Now that you understand the types of lawsuits that small businesses may face, it’s essential to know what to do if you are sued. Follow the steps outlined below to best protect your business:

1. Stay calm

When you’re faced with a lawsuit, it’s easy to panic. But the first thing you should do is stay calm. Take a deep breath and approach the situation with a clear head.

This can help you avoid making hasty decisions that could harm your case. It can also help you stay focused on the task at hand.

2. Get organized.

The next step is to get organized. Gather all relevant documents and information related to the case, including any contracts, emails, invoices, and witnesses who can provide testimony.

Make a list of all the facts and details related to the case, including the dates and names of any key individuals involved.

This will help you stay on the case and prepare for any meetings or court appearances.

3. Consult with an attorney

Whether you’re facing a minor dispute or a major lawsuit, it’s important to consult with an attorney.

An attorney can help you understand your rights and obligations and guide you on how to proceed.

They can also help you negotiate a settlement, draft a response to the lawsuit, and represent you in court.

Choose an attorney with experience in the area of law related to your case and who you feel comfortable communicating with.

4. Respond promptly

If you’re served with a lawsuit, it’s important to respond promptly. You typically have a limited time to respond to a lawsuit, so make sure you understand the deadline and act before it’s too late.

Your response will depend on the specifics of your case, but it could include filing a counterclaim, denying the allegations, or seeking mediation or arbitration. Your attorney can help you determine the best course of action.

5. Consider settling

If you’re facing a lawsuit, it’s important to consider settling the case. Settlement can be quicker and less expensive than going to court, and it can help you avoid the risk of losing the case and facing a potentially large judgment.

Your attorney can help you negotiate a settlement and ensure that the terms are fair and reasonable.

Remember that settling a case does not necessarily mean admitting fault; it can be a way to resolve a dispute and move on.

6. Prepare for court

You’ll need to prepare for court if a settlement can’t be reached.

This means gathering all the evidence and witnesses related to your case, preparing a trial strategy, and ensuring you’re fully prepared to represent your business in court.

Your attorney can help you with this process and ensure you’re ready to go to trial.

Can I Handle My Lawsuit Without a Lawyer?

It’s possible to represent yourself in a lawsuit, but it is not recommended. The legal system is complex, and the laws around lawsuits can vary from state to state.

It’s best to consult with an experienced attorney who can help you understand your rights and obligations and navigate the court process.

An attorney can also help you protect your business’s best interests by negotiating for a favorable outcome and representing you in court. Hiring an attorney can be expensive, but it can also save you time, money, and stress in the long run.

If you are not in a good position to hire a lawyer, there are several resources available to help self-represented litigants navigate the legal system. Check with your local bar association for a list of free or low-cost legal services in your area.

Summary

Being sued can be a stressful and overwhelming experience for any small business owner. But by taking the right steps, you can minimize the damage and protect your business.

Stay calm, get organized, consult with an attorney, respond promptly, consider settling, and prepare for court if necessary.

By following these steps, you can help ensure that your business is well-protected and ready to face any legal challenges that may arise.