A lot of people ask me about why I charge a Consultation Fee of $300. Employment Law is different from other areas of the law. For example, with a traffic accident case, a lawsuit can be filed shortly after the accident. So a number of attorneys provide free consultations to individuals because a decision on filing a lawsuit can be made shortly after.

For people with Employment Law issues, the situation is a lot more complicated. Employment law requires employees and former employees to follow a “process” or protocol in order to address their issues. The purpose of meeting with me is to find out where you are in that required process and what options you may have.

The consultation fee is to make sure that only people who are serious about pursuing a path that may result in a lawsuit meet with me. The fee is also based on my years of training and experience to help guide you to the next steps. You are getting the benefit of my real world experience in employment law and other areas of the law. That is why a Consultation Fee is required.

Addressing a contract breach with economic consequences

On Behalf of | Jul 10, 2024 | Business & Commercial Law |

Running a successful business is a challenging undertaking. Executives and entrepreneurs need to make operations predictable. They typically need to control costs to produce a reliable profit. They also need to have clear arrangements with service providers and vendors. Even contracts with employees can prevent unfair competition and behavior that could damage the company’s reputation.

Unfortunately, even the most precise and thorough contracts cannot prevent another party from violating business arrangements. The contractual violations of one person or another business could cause clear economic damage to an organization.

How can leadership at an organization effectively address a significant breach of contract?

With prompt communication

Avoiding confrontation does nothing in a breach of contract scenario. The best outcome available is likely to involve proactive communication with the other party. Breaches are sometimes a result of miscommunication or oversights.

Advising the other party of the issue might prompt them to address the issue immediately. Other times, a discussion might follow clarifying expectations because there was some kind of miscommunication. Occasionally, communication with the party in breach makes it clear that they have no intention of addressing the matter. At that point, it may be necessary to take additional steps.

With a civil lawsuit

Initiating civil litigation allows one organization to mitigate the harm caused by a breach of contract. In some cases, a pending lawsuit does what informal communication could not. It forces the other party to address the issue.

Quite a few business lawsuits eventually settle rather than going to trial. However, if the other party remains insistent about the refusal to address the issue, a lawsuit can lead to relief from the courts. Judges have the authority to terminate a contract. They can end one company’s financial obligations to the other.

They also have the authority to award the plaintiff damages for the provable economic impact of the contract breach. The lawsuit could even lead to an order of specific performance. Judges can enforce the contract or require that one party correct issues by fulfilling certain obligations.

Taking civil action after a significant contract breach with economic implications occurs can help protect a business. The civil courts can potentially hold another party accountable for violating a contractual agreement and help mitigate the harm to the affected organization.