How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

Breach of Contract Law

What is a breach of contract?

Breach of contract is a legal cause of action in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. If the party does not fulfill his contractual promise, or has given information to the other party that he will not perform his duty as mentioned in the contract or if by his action and conduct he seems to be unable to perform the contract, he is said to breach the contract. Read below where Experts have provided answers and insight relating to breach of contract.

Can someone sue their employer over a breach of contract, because the manger that took over ignored the prior contract?

In some cases, it would be possible for a claim for breach of contract because the company guaranteed the contract from the previous manager. This agreement should still be valid, and they could be owed because of the contract. Lawyers on JustAnswer has many years of experience on employment laws, contact an Expert today to see where your case stands when going to trail facing a breach of contract.

If someone is filing a breach of contract against their employer, how long does it take to serve the employer, who serves the summons and how long does them employer have to respond to the summons?

It normally will take only a couple days to serve the employer, since the person that serves the summons will not need to track them down; it just really depends on how quick they can do it. They could hire a private process server, or talk to the Clerk of Court to see if the police department can serve the summons. Once the employer is served, they will have thirty day to file an answer. If the 30th day lands on either a weekend or holiday, then they will have until the next business day.

Is someone financial liable if an attorney withdraws or breaches the contract?

If the attorney withdraws from their contract with the other person, the attorney should not put lien on the file or look to recover the fees. They could consider sending the attorney a letter reminding them of that or have a new attorney write the letter.

If an employee contract was oral can someone sue for breach of contract?

In many cases verbal agreements are not enforceable. A verbal contract is just between that person and the employer, there is no way to prove what was stated on that verbal contract unless it is put upon paper to go back on.

In the state of Georgia is it a breach of contract if someone was hired for one position, but ended up working another position, and the position they got hired for the employer hired someone else for it?

In most cases this does not constitute a breach of contract unless they had an employment agreement in writing stating their employment and job description. In some states recognize an oral contract, and recognizes a breach of contract due to an oral contact, Georgia is not one of these states. So in this case the state will not see that the employer has breached their contract to the employee.

Many times when an employer and an employee make a written contract, and many times the employer may go back on their contract and not fulfill what they said they would do, that would be considered a breach of contract. Contact an Expert if you feel your employer has breached their contract, and see as the employee what their rights are.
Ask a Employment Law question
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Meet The Experts:

 
 
 
  • Ron

    ASE Certified Technician

    Satisfied Customers:

    21112
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
< Last | Next >
  • http://ww2.justanswer.com/uploads/FO/fordguy4u/2011-12-17_222940_HPIM1257.64x64.JPG Ron's Avatar

    Ron

    ASE Certified Technician

    Satisfied Customers:

    21112
    23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
  • http://ww2.justanswer.com/uploads/lyeung1/2010-07-25_032152_tn_IMG_0241.JPG Dr. Y.'s Avatar

    Dr. Y.

    Urologist

    Satisfied Customers:

    18366
    I am fellowship trained specializing in general urology and reconstructive urology.
  • http://ww2.justanswer.com/uploads/docjohn174/2008-12-13_170143_johnask.jpg John's Avatar

    John

    Home Appliance Technician

    Satisfied Customers:

    13453
    Appliance repair business owner for over 43 years.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8472
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/dermdoc19/2010-09-30_160749_Photo_122807_015.JPG dermdoc19's Avatar

    dermdoc19

    Dermatologist

    Satisfied Customers:

    3826
    30 years practice in general and cosmetic dermatology
  • http://ww2.justanswer.com/uploads/BI/birddoctor/2012-6-22_173214_birddoctor.64x64.png Dr. Pat's Avatar

    Dr. Pat

    Bird Veterinarian

    Satisfied Customers:

    3383
    25+ years working primarily or exclusively with birds
  • http://ww2.justanswer.com/uploads/RY/rydergar/2012-6-6_192240_IMG0328.64x64.JPG Dr. Gary's Avatar

    Dr. Gary

    Cat Veterinarian

    Satisfied Customers:

    3290
    DVM, Emergency Veterinarian, BS (Physiology)
 
 
 

Recent Breach of Contract Questions

  • I am a teacher and recently received my contract for the upcoming

    I am a teacher and recently received my contract for the upcoming school year. I have several issues with the contract but the main issue is that they added we will have to pay $3,500 in liquidated damages if I breach the contract, leave, not show up or terminate my employment before the end of the school year. Is this legal?
    The next issue I have is the breach of contract. Some of the terms are either out of my control, impossible to enforce, or contradicting. For example the school is located in the roughest area of the city, but they are requiring teachers to do at home visits. I feel this is a safety issue. Should I voice my concerns and hope they listen or let it go?
  • I had a 2 years verbal contract with the company I worked for

    I had a 2 years verbal contract with the company I worked for as a Tax Preparer. They used me for their business needs such as a lessee of an office building they are currently using until now (contract for 5 years), tax firm that used my license till May 2014, utilities are under my name as well that they left unpaid, back pay salary of approximately $20,000. I started working with them on September 2013 and they fired me on March 2014. They promised to pay me $50,000 annually on W2 and with medical benefits which none of them were given. I have an account on Intuit (Proseries-tax software) that they transferred under their name without my permission. Intuit allowed the business name change without notifying me and when I called them to dispute they shut me down and told me that they can no longer talk to me because I am not an authorized user of the account that was originally mine. I don't know what to do. I know I have a case but I don't know where to start and what case can I file against them. I also don't know if I was an employee or the business owner. I was hired to be an employee though until they had me agreed on putting everything under my name. After the incident happened, I made a research about the company and I found out that they used me as their front due to their business license is suspended and can't do business at all.
  • I sell new cars. My pay plan says I receive 20% of front gross

    I sell new cars. My pay plan says I receive 20% of front gross profits. My customer agreed to a $995 Dealer prep fee and I was told this fee is pure gross profit. When the deal came out of F&I the $995 Prep fee was reduced to $399 and a warranty and other products are added to the back. I confront the SM and he says he'd look into it. That was 2 weeks ago and nothing transpired. Business as usual..no explanation. I confront the GM and he does the same thing: turns a deaf ear to me.

    But wait, it gets better. Gross profit is not calculated until Service performs a PDI which is the Pre-delivery inspection

    Back story: Our Service department has a history of overcharging the Sales department for the PDIs. They have routinely been caught "mistakenly" padding the repair orders with additional and unnecessary repairs so their department can make more money.

    Our Service Manager is required to submit the completed PDI forms to the Sales Manager who is supposed to give them to each salesmen with his paycheck. I've been with this dealer 3 months and have never received a PDI form attached to any of my paychecks. We don't get any type of wash out sheet or commission slip or any paper trail for each deal. All we get is a basic paycheck stub showing taxes withheld and other deductions.

    I've asked the GM for detailed reports of how my pay is calculated but he tells me "it's a very complicated process and to not worry."

    I have proof that F&I is stealing from the sales team and if I could ever get a copy of a PDI sheet, I'm sure I'd see that Service is screwing us too. I know the Sales, Finance and Service Managers all receive hefty bonuses based off performance/penetration but I have 2 kids at home to feed and this is my money.

    I'm getting ready to file a complaint with the National Labor Relations Board. Do I have a case?
< Last | Next >