Fort Lauderdale Breach Of Contract Lawyer
Contracts are essential in business and employment. Employment contracts outline the abilities and obligations of both employers and employees, ensuring both parties know what is expected of them. When an employer fails to uphold their side of the agreement, employees can take action to protect their rights. A knowledgeable Fort Lauderdale breach of contract lawyer can aid employees as they determine how to recover compensation and look after their interests.
Protecting Your Employee and Contractual Rights in Fort Lauderdale
The attorney at the Law Offices of Gary A. Costales, P.A., excels in employment contract law and is a board-certified expert in labor and employment law. We have worked solely in employment law for more than 20 years. If you are an employee or independent contractor whose employer is failing to pay you the compensation you are owed or is otherwise breaching your employment contract, you could take the case to court.
Call For A Free Telephone Consultation
Call (786) 446-7288 for a free telephone consultation with our office or use our contact form to tell us more about your situation.
Our firm can review your employment contract and determine how you can recover compensation for your employer’s breach of contract. We understand that these cases can be complex and frustrating, especially when you have been wrongfully terminated or are not receiving the pay you deserve. We want to help you achieve your goals, giving you accessible and exceptional legal representation.
Understanding an Employment Breach of Contract
An employment contract can determine your job duties, how you are paid, the other benefits and bonuses you may receive, the duration of your work, your vacation and sick days, severance pay, confidentiality agreements, non-compete agreements, and the limits on the termination of your employment. Different employment contracts include different aspects, but agreed-upon terms must be upheld.
Some employment contracts even pre-determine how disputes over breaches will be handled. An employment contract may require that you first handle a breach of contract outside of court through mediation or arbitration. An attorney can review your employment contract and determine what option you have for recovering from a breach of contract.
If you do not have an employment contract, you are an at-will employee, which is the verbal contract that all employees operate under. Even under such a verbal contract, there are still certain rights and obligations that are expected under the law, including fair and prompt pay for your work and the fact that you cannot be fired for an illegal reason like discrimination or retaliation.
Breaches of contract can occur in any field, including medical professionals, sales consultants, financial professionals, telecommunications industry employees, and real estate brokers.
Each industry can require a unique approach to breach of contract cases. It is crucial that the attorney you work with understands the unique requirements of your field of employment and what strategies are necessary for your type of breach of contract case.
What Do You Have to Prove in a Breach of Contract Case?
Employees who have suffered a breach of contract must be able to prove:
They Had a Valid Contract
There must first be a valid written or verbal contract between the employee and the employer. The court or arbitrator may look at circumstances such as the existence of an offer and an accepted offer, an exchange of goods and services, or an actual contract document and its contents.
The Employer Breached the Contract
An employee must prove that they upheld their responsibilities stated in their employment contract. They must also show that the employer was responsible for their contractual obligation and that all conditions were met that required the employer to fulfill the obligation, but they failed to uphold it.
The Breach Led to Damages
An employee must also show that the breach of contract led them to suffer a calculable and tangible loss. Typically, this is wages or bonuses which were not provided due to breach of contract. It may also be pay that the employee did not receive in severance or pay that they did not receive due to being wrongfully terminated.
FAQs
Yes, an employee can sue for breach of contract if the terms of the employment agreement were violated. Violations can depend on the unique contract requirements and what is typical in a specific field of employment.
They may also be general breaches of contract, including failure to pay appropriate compensation, wrongful termination of employment, or failure to ensure a safe workplace. If a breach occurs, then the employee can recover compensation, typically lost wages and similar damages.
It can be difficult to win a breach of contract lawsuit, but it is much easier with an experienced breach of contract attorney. The party alleging a breach of contract must be able to prove several things, including the existence of the contract and the way that the terms were breached. If you are unsure whether you have a valid claim for a breach of contract, it is important to bring your case to a knowledgeable attorney.
In order to sue for breach of contract in Florida, you must be able to provide proof that:
- There is a valid contract. This does not always have to be an actual contract document, but a document’s existence can improve the case’s success.
- There was a material breach of the contract. As an employee or employer, you must prove the other party failed to uphold the conditions they agreed to.
- You sustained damages from the breach, such as unpaid wages.
The cost of suing for breach of contract will vary. If you work with an attorney, this can increase costs, but it can also improve your chances of a successful claim. An attorney can also help you navigate the claim outside of litigation, saving you significant court costs. The cost of an attorney relies on their experience and abilities, as well as the complexity of your specific case. Some breach of contract claims result in the awarding of attorney’s fees.
Navigating a Breach of Contract Dispute
With the skilled attorneys at the Law Offices of Gary A. Costales, P.A., you can address a breach of contract and recover the compensation that you lost. You could also take other actions to remedy the dispute, depending on the situation, such as creating a new agreement. Our firm can walk you through your options. Contact us today.