White Plains Breach of Contract Lawyers
Contracts are central to any business. Companies use contracts to source materials or services and set the terms of employment. Without a contract, businesses would rely on a handshake”which doesn’t hold up in court.
If you’re in dispute over a contract, contact Carey & Associates, P.C. today. Our White Plains breach of contract lawyers can examine whether a contract was breached and what remedies are available.
Why Parties Breach Contracts
There are some common reasons why one side doesn’t follow through with a contract:
- Disagreement over contract language. Some terms could be vague or ambiguous. Employers and employees might have differing interpretations of what is required on the job.
- Changed economic circumstances. It might be financially beneficial for one side to breach a contract due to changes in market conditions or their business position. A company which has lost a key client might fire an employee to save money.
- Supply chain bottlenecks. If a business cannot source raw materials or services, they might be unable to fulfill their contractual obligations to their own clients. Supply chain problems are felt across the economy for this reason.
- Constructive discharge. In the employment context, an employee might quit a job because it becomes impossible to work there due to harassment, bullying, or other inappropriate behavior.
It is important to quickly contact an attorney to begin sizing up your legal arguments. For example, industry standards or a history of doing business might clarify certain language.
Remedies for Breach of Contract
Our clients have sought various remedies for breaches of contracts, whether in the form of monetary damages or equitable relief. The remedies you seek will depend on your goals and whether you want to continue the relationship with the other side.
Monetary damages include:
- Compensatory damages. An employee harmed by a breach of contract might seek monetary compensation. For example, if you were fired with 6 months left on your employment contract, we can seek damages for lost income and benefits for that amount of time.
- Consequential damages. Certain losses flow from the breach. For example, if you are wrongfully terminated, you might need to pay a recruiter to help you find a new job.
- Liquidated damages. The contract might identify a specific sum of money the breaching party must pay. Generally, liquidated damages are enforceable so long as they are not a penalty.
- Emotional distress damages. You can’t typically get compensation for emotional distress in the run-of-the-mill contract dispute. But employees who were bullied or harassed at work might qualify.
Equitable remedies are non-monetary in nature. We don’t often ask for them, since courts will try to order monetary damages. But sometimes we can request the rescission of an employment contract. If a judge grants rescission, neither side must perform the contract. It’s void and each side can walk away.
Breach of Contract Cases Are Becoming More Complicated
In the last 20 years, we’ve seen growth in alternative dispute resolution (ADR), including mandatory mediation or arbitration. These dispute resolution techniques happen outside courtrooms, and there are pluses and minuses with each. Although they are promoted as increasing efficiency and privacy, you can also end up arguing your dispute far away from home. And some ADR techniques are still time-consuming and burdensome.
Carey & Associates will analyze whether we should enforce these agreements or not. Each case is different. Sometimes our clients benefit from enforcing an arbitration agreement, whereas in other cases we might ask a judge to set it aside.
Clients also need to manage reputational concerns, which have grown in importance with the rise of social media. Reputational concerns are especially relevant with employment disputes, since a public lawsuit could hinder your ability to get a job in the future.
What to Do Following a Breach
There are many steps a person should take. For example, you should fully document all communication with the contractual party. Preserve emails, voicemail messages, and letters related to the contract.
We also highly recommend documenting the losses associated with the breach. If you’ve spent money you otherwise wouldn’t have, keep receipts and bills. If you have lost out on other opportunities, document them as best you can.
Contact a White Plains Breach of Contract Attorney Today
Carey & Associates has represented employees for over 25 years. This experience allows us to quickly analyze contracts to better understand your rights under the agreement. We can also discuss how a breach of contract case will go. To learn more, call (914) 705-5427 to schedule a consultation with our team.
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Mark and his team at Carey & Associates are incredibly knowledgeable about Employment Law and have walked me through every step of the way. Their approach and guidance has been extremely effective in dealing with my case. They instill a sense of confidence by laying out the facts, caselaw, and risk assessment to help make well informed decisions. I would highly recommend them to anyone looking for an Employment Attorney.
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