Miami Breach Of Contract Lawyer

Miami Breach Of Contract Lawyer

Employment contracts define the rights and responsibilities of an employer-employee relationship. They establish expectations regarding duties and compensation structures, including any commissions or bonuses. In some cases, they may also set limits on the employer’s ability to terminate employment. If an employer does not uphold the terms of an employment agreement, employees need a Miami breach of contract lawyer to protect their rights and finances.

Employment contracts also set expectations for how disputes will proceed. Arbitration clauses are increasingly included in employment contracts, requiring all disputes be submitted to a neutral third party for a final decision rather than litigate in court. An experienced attorney can help you look at your contract, determine if a breach has occurred, and how you are able to recover from the breach in contract.

Decades Of Experience | Defending Your Contractual Rights

Is your employer refusing to pay a commission or other forms of compensation that you are entitled to receive under the terms of your contract? If so, you may be able to pursue legal action to recover payment. This can include income or benefits you lost because you were terminated or not fully paid. An effective attorney can review your situation to determine what losses you sustained and can recover.

At the Law Offices of Gary A. Costales, P.A., in South Florida, we represent employees and independent contractors in pursuing their contractual rights to fair compensation. For more than two decades, our attorney has practiced exclusively in employment law, building a broad base of knowledge and experience. Our attorney is an expert in employment and labor law, certified by the Florida Bar.

When your contractual rights have been violated, you need dedicated and exceptional legal support. Our firm helps you with each step of the case, fighting for your goals.

Tailoring An Effective Approach

We handle all types of contract disputes for employees from diverse fields and industries, including:

• Health care professionals
• Employees in the telecommunications industry
• Professionals in the financial industry
• Sales consultants
• Real estate brokers

The unique circumstances of each case inform our approach to developing successful strategies. Our attorney has extensive experience in various types of dispute resolution, from negotiating favorable settlements to pursuing arbitration to presenting a compelling case in court. You can rest assured that Mr. Costales will be a tenacious advocate for your rights and interests.

What Is a Contract Breach?

Contract breaches differ based on the industry and the needs of an employment contract. They may cover:

• Your salary.
• The benefits, bonuses, commissions, and other forms and reasons for payment.
• How and when you are paid.
• The duration of your employment.
• Your job duties.
• The specifics of PTO, vacation days, or sick days.
• How will you be paid if your employment ends?
• The limits on how and why your employment can be terminated.
• Confidentiality clauses.
• Non-compete agreements.

If you do not have a written employment contract, then your work falls under at-will employment. At-will employment means that an employee or employer can end their employee-employer relationship at any time for any reason or without reason. This is a verbal contract that is made when an employer hires an employee to complete work in exchange for pay.

Under a verbal contract, you have specific rights that should not be breached, including the right to receive pay for your work and the right to a safe workplace. You also cannot be fired for an illegal reason, including due to discriminatory reasons or as retaliation for a protected action.

When an employer does not uphold the terms of an employment contract, either written or verbal, employees can take action.

Proving a Breach of Contract as an Employee

In order to recover from a breach of contract, you must be able to prove several elements. An attorney can help you gather the documents that support your claim. This may include a written employment contract, testimony from coworkers or other witnesses, written communication between employers and employees, pay stubs, performance reviews, and other supporting documentation. You must be able to prove:

You Had a Valid Employment Contract

First, you must prove that a valid contract existed between you as the employee and your employer. This contract can be written or verbal. It must establish elements such as the intent to create an employment contract, the existence of the offer of employment and the accepted offer, clear terms, and an exchange between the parties.

The Employer Caused a Breach of Terms

There must be proof of a breach of the terms of this contract. You must show that you upheld all the terms of your side of the contract, which would allow your employer to uphold their terms, and that one or more of those terms were not followed.

The Breach Caused the Damages You Sustained

You must finally prove that you suffered tangible losses because the contract was breached. When an employer fails to pay agreed-upon wages or terminates you from for-cause employment without cause, the calculable losses are the wages you were not paid or were unable to earn.

How Does a Breach of Contract Attorney Help Me?

A breach of contract attorney makes the process of holding your employer accountable easier and more likely to be successful. An attorney can review your circumstances and determine if you have a valid case. Properly navigating a breach of contract can be complex, especially if your contract requires arbitration or other steps prior to filing a claim.

Employment contracts are often very complex, with significant fine print allowing certain actions by employers and employees as long as conditions are met. The support of an attorney means you will have a knowledgeable professional reviewing your contract and helping you prepare a strong case.

FAQs

We Can Resolve Your Contract Dispute

For dedicated legal guidance in contract-related employment claims, including failure to pay commissions, contact our firm today at 786-446-7288. Evening and weekend appointments are available. Based in Miami, our lawyer handles breach of contract claims throughout South Florida. We maintain convenient office locations in Miami and Boca Raton. Hablamos español.