How We Have Helped Clients

MANAGING CONFLICT THROUGH ALTERNATIVE DISPUTE RESOLUTION

A company department was becoming dysfunctional as the result of an inter-personal conflict. The general manager informed us that not only was it difficult to include both supervisors at the same meetings, but their peers and subordinates had been affected as well and complaints were being received about the department's work. They came to us for our expertise in conflict resolution.

Our investigation revealed that the conflict began when one supervisor had jeopardized the important project of another supervisor by recruiting his best employee. Their failure to resolve this difficulty gradually spread to other areas. Banks & Starkman recommended neutral third party resolution to help them negotiate a consensual resolution of the matter. Each supervisor was helped to make reasonable concessions and compromises in this binding settlement process. The business relationship between the two supervisors was salvaged and both were able to resume their work effectively.

MAXIMIZING REAL ESTATE OPPORTUNITIES

Our client owned a successful meat-packing business and needed to move from their rented location to larger premises. Unfortunately their lease had two years to run before expiry. They wanted our legal help and advice.

Our first step was to recommend a leasing specialist able to analyze their needs for the next five to ten years and with that in mind, search for a new location. Once that was in place Banks & Starkman, in consultation with their agent on new premises, negotiated a lease which contained options and clauses to best protect our client. More tangibly, we were able to arrange for the new landlord to pay for our client's costs in buying out the lease on its former premises.

PROTECTING EMPLOYERS FROM POTENTIALLY COSTLY WRONGFUL DISMISSAL CLAIMS

Our client owned an auto mechanic shop where his daughter was business manager. One of the employee mechanics was consistently showing up late for work, treating customers disdainfully and creating management problems. Although he had been a competent employee for over five years the daughter decided to fire him. She came to us for advice on handling the situation.

The cost of not being properly protected can be high. Banks & Starkman advised the daughter on the appropriate steps to terminate the employee and avoid a wrongful dismissal claim. These were accomplished. We also drafted an employee contract for our client to use whenever a new employee is hired.

PURSUING DELINQUENT ACCOUNT COLLECTION

A copper wire and tubing manufacturer had shipped a substantial order for use in their customer's business. Although no complaint whatsoever was received regarding quality or delivery the customer had failed or refused to make any payments. The manufacturer sought our services in resolving the problem and collecting the account.

Banks & Starkman advised the client to inquire whether other suppliers of this customer had received payment on account and if in fact the customer was still carrying on business. Upon confirmation that the customer was active we prepared a demand letter sent by ordinary and registered mail. Receiving no response we proceeded with a lawsuit and served a Statement of Claim. Recognizing our serious intent to recover payment on behalf of our client their lawyer was instructed to negotiate with our firm. We succeeded in not only recovering the full amount of the outstanding account but also a contribution towards our client's legal expenses.

 

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