At Carcich O’Shea, our experienced attorneys are dedicated to providing legal representation to individuals and businesses in Paramus, New Jersey. Whether you are dealing with issues related to corporate governance, fiduciary relationships, or conflicts of interest, we are here to help you navigate the complexities of these cases.
In any professional or business relationship, the duty of loyalty is a fundamental principle that ensures one party does not act in ways that are detrimental to the other party’s interests. When this duty is violated, it can lead to serious legal consequences. If you suspect you have been the victim of a breach of duty of loyalty or need guidance on protecting your rights, Carcich O’Shea is ready to assist.
The duty of loyalty is a legal obligation requiring one party to act in the best interests of another party, especially in situations where trust and confidence are integral. This duty exists in various contexts, including business partnerships, corporate governance, employment relationships, and fiduciary roles.
In a corporate setting, for instance, directors and officers owe a duty of loyalty to the company and its shareholders. This means avoiding conflicts of interest, self-dealing, and other actions that harm the company’s interests. For employees, this duty often extends to their employer, where they are expected to refrain from actions that could undermine the employer’s business or take advantage of confidential information for personal gain.
A breach of the duty of loyalty can take many forms, and it typically occurs when one party acts in a way that conflicts with the interests of the other party. Some of the most common examples of breaches include:
When a breach of the duty of loyalty occurs, the aggrieved party may have grounds for legal action. These claims can lead to significant financial penalties, including damages for losses incurred due to the breach. Some of the potential legal consequences include:
The stakes in these cases are high, and it is crucial to have an experienced attorney who can effectively navigate these complexities and protect your rights.
If an employee breaches their duty of loyalty, the employer may take legal action to seek damages or terminate the employee’s employment. The employer could also file a lawsuit to recover any financial losses or seek injunctive relief to stop the employee from continuing harmful conduct.
Yes, business partners owe each other a duty of loyalty. A breach of this duty could involve one partner harming the partnership’s interests, such as secretly starting a competing business or taking advantage of confidential information.
Proving a breach of duty of loyalty typically involves demonstrating that the party involved engaged in actions that conflicted with their duty or trust. This may include presenting evidence of self-dealing, conflicts of interest, or misuse of confidential information.
Yes, many breach of duty of loyalty cases are resolved through settlements or alternative dispute resolution methods, such as mediation or arbitration. However, the case may proceed to trial if a settlement cannot be reached.
If you suspect a breach of duty of loyalty has occurred, it is important to seek legal counsel immediately. An experienced attorney can help you evaluate your case, understand your rights, and take appropriate legal action.
Breach of duty of loyalty cases can be intricate and involve multiple legal issues. At Carcich O’Shea, we understand these nuances and work diligently to provide comprehensive legal support.
Here is why you should choose us:
If you are facing a breach of duty of loyalty situation, do not wait to protect your rights. At Carcich O’Shea, the skilled Paramus breach of duty of loyalty lawyers are committed to providing strong legal representation in breach of fiduciary duty cases. Call 201-988-1308 or complete our online form for a consultation. Located in Hackensack, New Jersey, we serve clients in Bergen County, Edison County, Essex County, Morris County, and Passaic County.
In representing both small businesses and employees, our philosophy is to provide employers with the necessary information and training to ensure a safe and productive workplace. In regard to employees whether dealing with discrimination, sexual harassment, hostile workplace, medical leave or other workplace issues we can provide guidance and peace of mind.
Carcich O’Shea, LLC is dedicated to bringing justice to your
situation. We listen to your situation and provide the best possible way to get a settlement from your
claims. You’re hiring top-notch attorneys by working with us! Mr. Carcich was recently selected for
Super Lawyers, whereas Ms. O’Shea has been named in (201) Magazine’s “Bergen’s Best Attorneys”. We will
manage your case from beginning to end.
If you have more questions about our legal expertise in employment litigation, feel free to contact
us today. Alternatively, you may call us at 201-988-1308 or send an email to
carcichoshea@gmail.com
.
Sheila represented me in two relatively complicated employment litigation matters, both of which resulted in favorable outcomes for me. Sheila impressed me as knowledgeable, accessible, diligent, and exceedingly professional. Her excellent “bedside manner” helped to minimize stress that I know is somewhat inevitable in litigation. I highly recommend Sheila to prospective clients wholeheartedly and without reservation.
I retained the services of Sheila O’Shea-Criscione to represent me against harassment and discrimination in my place of work. She came highly recommended and did not disappoint. Sheila directed me to the right course of action, clearly explaining each step and expected outcome. She was consistently available via phone, email, or text for emotional and professional support. Sheila is an excellent attorney and a warm, kind person. In the midst of a difficult situation, she paved the way to a successful outcome. I am a stronger and more confident person thanks to Sheila!
Sincerely,
Marie Coschigano
After numerous harassment and bullying encounter with my superiors, I was desperate for guidance and help as to what my legal rights were to try and put a stop to this behavior.
I turned to a number of attorneys. After talking on the phone, all declined to take my case. Sheila was the only one who took my call and then invited me to her office to explain my situation, from that first meeting until she resolved the case, she guided and supported me. She was never tired of my phone calls and text messages. There were times when I was on the verge of resigning, but she encouraged me and told me to hang in there and be patient. She was convinced of a positive outcome if we stuck with her “game plan” even when I became skeptical and began to doubt the direction we were going.
If you should ever need legal assistance, I highly recommend Sheila – a great lawyer and a wonderful person.