San Jose Breach Of Contract Attorneys
Many of the principles mentioned here apply to various contracts, including employment contracts.
Employers and employees form contracts when they form the employment relationship. Typically they agree on the general duties that the employee will perform and the compensation that the employer will provide. Sometimes this is written in a letter offering employment that the employee signs to accept the position with the employer. Sometimes it is an oral agreement. It could be an implied agreement as well, which is reflected in the performance or actions of the employee and employer. Written, oral, or implied contracts can be formed between businesses as well.
Either party (person or entity that entered into the contract) can breach their contract by not complying with its terms. In employment, the employer or the employee can breach the terms of the employment agreement in various ways. For example, an employee can breach the agreement by not reporting for work or not being productive. An employer can breach the agreement by not compensating the employee in the correct amount or at the agreed time.
Whenever an employment contract or any contract is breached, it usually makes sense to respectfully speak with the other party about the breach and dialogue about how to resolve the breach. If this is not successful, then mediation or other forms of dispute resolution can be used. The harmed party always has the option to sue the other party at any time, unless they wait too long and go beyond the statute of limitations (legal deadline for filing a lawsuit), or unless the parties have already agreed to a different method of dispute resolution such as arbitration and the dispute resolution agreement or arbitration agreement is enforceable.
Please note, assuming the contract is enforceable, generally, in California, the contract must contain an attorneys’ fee recovery provision for either party to have the right to recover their attorneys’ fees. California does not have an automatic recovery of attorney fees law for breach of contract when the contract is silent about recovering attorneys’ fees. (CA Code of Civil Procedure §1021)
Attorneys’ fees are recoverable in other types of claims as provided by statute related to the type of claim and in other situations. (Please see CA Code of Civil Procedure §1021.5 et seq.)
Sometimes discerning a party’s rights under a contract is not as simple as one might think. There can be various situations such as a partial breach, a material breach, anticipatory breach, failure of consideration, termination, unenforceability, and rescission.
At Habbu & Park of San Jose, we have the knowledge and expertise necessary to identify your rights and help you resolve your breach of contract matters. We also draft contracts to protect your rights. Our Bay Area law firm brings you the highest quality legal services. We are attorneys with solutions.
Protect Your Rights
Habbu & Park has the experience to deal with many different types of contracts, such as:
- Business acquisitions and mergers
- Asset purchase agreements
- Vendor agreements for materials, equipment, or services
- Employment agreements
- Independent contractor agreements
- Lease agreements for real or personal property
- Sale agreements with customers
When one party to the contract fails to honor his or her contractual obligations, the attorneys at Habbu & Park in San Jose will help you pursue your claim or help you defend against the other party’s claim. Our Bay Area lawyers are focused on efficient resolution of your breach of contract case. We may be reached by phone at 408-993-9577, by email, or by visiting us at 95 South Market Street, Suite 530, San Jose, California 95113.