Breach of Contract
San Diego Breach of Contract Attorney
Breaches of Employment & Business Contracts
In the realm of employment law, a breach of contract occurs when one party fails to uphold their obligations as outlined in a legally binding employment agreement. This breach can have significant implications for both employers and employees, potentially leading to legal disputes and financial consequences.
At The Gould Firm, we represent employees and businesses that have suffered losses, or damages, due to breaches of contract. Our San Diego breach of contract attorney is well-versed in this uniquely complicated area of law and can help you understand your legal rights. We are here to advocate for you and the best possible outcome in your case.
If you believe you may have a breach of contract case, do not hesitate to contact our firm at (619) 941-0667. We offer free initial consultations.
What Constitutes a Breach of Contract?
A breach of contract refers to the violation of any term or condition stated explicitly or implicitly within an employment agreement.
Such violations can take various forms, including:
- Non-Payment of Wages: If an employer fails to pay an employee the salary or wages agreed upon in their contract, this constitutes a breach of the employee’s contract.
- Unilateral Changes to Terms: This occurs when an employer alters the terms and conditions of employment without obtaining the employee's consent.
- Wrongful Termination: If an employer terminates an employee's contract without proper cause or notice as specified in the agreement, the employee may take legal action.
- Failure to Provide Benefits: Employers must fulfill their obligations to provide promised benefits, such as health insurance, retirement plans, or paid time off.
- Breach of Confidentiality: If an employee discloses confidential information, trade secrets, or proprietary knowledge obtained during their employment, they could be liable.
- Violation of Non-Compete Agreements: This occurs when an employee engages in competitive activities prohibited by a non-compete clause in their contract.
These are just some examples of how employment contracts can be breached by both parties involved. Reach out to The Gould Firm to learn more, including whether you have a case and, if so, how our team can help.
What Rights & Obligations Do Employees & Employers Have in Breach of Contract Situations?
When a breach of contract occurs, both employers and employees have specific legal rights and obligations.
In such circumstances, employees have the following rights and responsibilities:
- The right to receive the agreed-upon compensation, benefits, and working conditions as outlined in the contract
- The right to seek legal remedies and pursue damages if their employer breaches the contract
- The right to terminate the contract if the breach is significant and fundamentally alters the employment relationship
- The obligation to perform their assigned duties and responsibilities outlined in the contract to the best of their abilities
- The obligation to adhere to any confidentiality, non-compete, or non-disclosure agreements specified in the contract
- The obligation to mitigate damages by actively seeking alternative employment if wrongfully terminated
Meanwhile, employers’ rights and responsibilities include the following:
- The right to terminate an employee's contract if there is a justifiable cause as outlined in the agreement
- The right to enforce any valid contractual obligations on the part of the employee
- The right to seek remedies if the employee breaches the contract
- The obligation to pay employees the agreed-upon compensation and benefits
- The obligation to provide a safe and conducive work environment as outlined in the contract
- The obligation to comply with applicable labor laws
- The obligation to respect and uphold any additional terms and conditions specified in the contract
Failure to meet obligations may constitute a breach of contract. Whether you are an employee of a large company or own your own small business, it’s important that you understand your rights and responsibilities when it comes to employment contracts.
Pursuing Damages for Breach of Contract
If an employee believes their employer has breached their employment contract, they have the right to take legal action. By filing a breach of contract claim, you can seek financial compensation for your damages, or the losses you endured as a result of the breach.
To pursue legal action, you should take the following steps:
- Report the Breach: Notify your employer in writing about the alleged breach, specifying the nature of the breach and how it violates the terms of your contract. It is crucial to keep a record of all communications, including emails, text messages, and voicemails.
- Gather Evidence: Collect any relevant documentation, such as your employment agreement, pay stubs, emails, and performance evaluations, to support your claim.
- Consult an Attorney: Seek advice from an experienced employment law attorney, like Attorney Evan A. Gould at The Gould Firm, who can assess the case's merits and guide you through the legal process.
- Consider Alternative Dispute Resolution: It may benefit you to consider alternative dispute resolution options, like mediation or arbitration, to resolve the dispute outside of court. Such options can be faster and less costly than traditional litigation.
- Take Legal Action: If all other attempts fail, you may choose to file a lawsuit against your employer. Your attorney can guide you through the necessary steps, including filing your complaint, gathering evidence, and presenting your case in court.
If you prevail in court or reach a settlement agreement, you may be entitled to various remedies, including financial compensation for lost wages, lost benefits, emotional distress, and/or reinstatement in your position.
How Businesses Can Prevent Breaches of Contract
Employers can take proactive measures to minimize the risk of breaching employment contracts.
Such measures include but are not limited to the following:
- Drafting Clear, Comprehensive Contracts: Ensure that employment agreements are drafted clearly and include all necessary terms and conditions, thus reducing the potential for misinterpretation or ambiguity.
- Engaging in Regular Communication: Maintain open lines of communication with employees, addressing any concerns or changes to terms proactively.
- Ensuring Full Compliance with the Law: Stay informed about employment laws and regulations to ensure compliance and avoid unintentional breaches of contract.
- Following Proper Document Management Procedures: Keep detailed records of any changes, communications, and performance evaluations related to employment contracts.
- Seeking Legal Advice: It’s a good idea to consult with an employment law attorney to review contracts and provide guidance on compliance and best practices.
At The Gould Firm, we assist businesses in all types of breach of contract matters. We invite you to reach out to our firm today to learn how our San Diego breach of contract attorney can help you with your case.
Schedule a Complimentary Consultation with Our Team Today
If you are an employee or business owner in San Diego who has suffered damages due to a breach of contract, The Gould Firm can provide valuable legal assistance. With extensive experience in employment law, we are well-equipped to handle complex breach of contract cases.
We have a proven track record of success in civil litigation matters, including employment litigation. We have successfully handled numerous cases involving breach of contract, offering clients knowledgeable and personalized guidance throughout the legal process. Our team understands the complexities of breach of contract cases and strives to protect the rights of our clients.
Whether you are an employee seeking compensation or a business defending against breach of contract allegations, The Gould Firm can provide effective legal representation tailored to your specific needs.
Give us a call today at (619) 941-0667 or contact us online using our secure form.
Our San Diego employment lawyer can help you determine if you have legal options you could pursue against a business or employer. Attorney Evan A. Gould has experience as an employment law attorney, mediator, and arbitrator. He also offers services that can help businesses stay in compliance with laws.