Breach of Contract Lawyers in Van Nuys

When it comes to employment contracts, the non-breaching party may be able to recover a variety of damages, depending on the terms of the contract and the nature of the breach. For example, if the employer failed to pay the employee their wages, the employee may be able to recover their unpaid wages, as well as any other economic losses they suffered as a result of the breach. If the employer terminated the employee without cause, the employee may be able to recover their unpaid wages, as well as their lost benefits, lost business profits, and any other economic losses they suffered as a result of the breach. The employee may also be able to recover damages for their pain and suffering.

In some cases, the non-breaching party may be able to request specific performance or an injunction. Specific performance is a court order that requires the breaching party to fulfill their contractual obligations. Specific performance is typically only available if the subject matter of the contract is unique and cannot be replaced with money damages, such as an antique or a rare piece of art. An injunction is a court order that requires the breaching party to stop engaging in a certain type of conduct. An injunction is typically only available if the breaching party is engaging in illegal conduct or if the non-breaching party is seeking to enforce a non-compete agreement.

Finally, the non-breaching party may be able to request an equitable remedy, such as rescission or reformation. Rescission is a court order that cancels the contract and returns the parties to the positions they were in before the contract was formed. Rescission is typically only available if the non-breaching party can show that the contract was void or voidable, such as if the contract was formed as a result of fraud, duress, undue influence, mistake, or illegality. Reformation is a court order that changes the terms of the contract to reflect the true intentions of the parties. Reformation is typically only available if the non-breaching party can show that the contract does not reflect the true intentions of the parties, such as if the contract contains a mutual mistake.

How to Avoid a Breach of Contract

One of the best ways to avoid a breach of contract is to ensure that the contract is properly drafted and that all of the terms and conditions are clearly defined. If the contract is ambiguous or contains vague terms, the parties may not fully understand their obligations, which can lead to a breach of contract. To avoid this problem, the parties should clearly define all of their obligations and include specific deadlines, performance standards, and other requirements. The parties should also include provisions that address how to handle a breach of contract.

For example, the parties should include a provision that requires the parties to engage in good faith negotiations to resolve any disputes that arise under the contract. The parties should also include a provision that requires the parties to submit any disputes to binding arbitration. Arbitration is a form of alternative dispute resolution that is similar to a trial. During arbitration, the parties present evidence and arguments to a neutral arbitrator, who will then issue a binding decision. Arbitration is typically more informal and less expensive than a trial and allows the parties to have more control over the process. If the parties do not want to include an arbitration provision in the contract, they may be able to include a provision that requires the parties to submit any disputes to mediation. Mediation is a form of alternative dispute resolution that is similar to arbitration. During mediation, the parties present evidence and arguments to a neutral mediator, who will then help the parties reach a mutually agreeable resolution. Mediation is typically more informal and less expensive than arbitration and allows the parties to have more control over the process. However, unlike arbitration, mediation is not binding, which means the parties are not required to reach a resolution.

In addition to including these provisions, the parties should also include a provision that requires the parties to submit any disputes to the court that has jurisdiction over the contract. This provision will help ensure that the parties have access to the court system if they are unable to resolve their dispute through good faith negotiations, arbitration, or mediation.

Why Choose Laurel Employment Law, Inc?

At Laurel Employment Law, our Los Angeles breach of contract attorney has extensive experience handling a wide range of employment law matters, including breach of contract claims. We can help you file a claim and represent your interests in all court proceedings. Our attorney will work closely with you to understand your unique situation and develop a strategy to help you achieve your goals. We are committed to providing each and every client with the personalized attention and compassionate care they deserve.

Our breach of contract lawyer in Los Angeles can help you seek justice. Call (310) 929-6371 or contact us online to get started with a consultation.