St. Louis Breach of Contract Attorneys
Missouri Law Firm Fighting for Employees in Breach of Contract Cases
Employers sometimes attempt to avoid the obligations they committed to in your employment contract or sales commission plan. Learning that your employer hopes to violate your contract can be frustrating and even leave you feeling powerless, especially if you work for an enormous company. You have rights in these scenarios, and our team at Sedey Harper Westhoff can help you enforce them.
Our employment law attorneys can hold employers of all sizes accountable for breaches of contract. If you’ve been discharged for cause when there is no valid cause, refused severance promised in your contract, or denied commissions as promised, we may be able to help. Our firm has over 40 years of legal experience and only represents individual employees in these matters. We are seasoned litigators and aggressive advocates who are ready to fight to secure a just outcome.
Don’t let your employer get away with violating your contractual rights. Schedule a consultation with our St. Louis breach of contract lawyers by calling (314) 819-0963 or contacting us online.
What Is a Breach of Contract?
A breach of contract occurs when one party fails to fulfill its obligations as outlined in a legally binding agreement. This can take many forms, including the failure to perform on time, not performing in accordance with the terms of the agreement, or not performing at all. Contracts are devised to establish clear responsibilities and expectations between parties, whether they involve employment, business transactions, or other arrangements. When a breach occurs, it undermines the trust and reliance that parties have placed in the agreement, and it can have significant legal and financial ramifications.
Breach of contract is typically classified into several categories: minor breaches, material breaches, fundamental breaches, and anticipatory breaches. A minor breach, also known as a partial breach, occurs when a party fails to perform a less critical aspect of the contract. In contrast, a material breach happens when one party's failure to comply with the contract severely undermines the agreement's purpose, potentially allowing the other party to seek termination and damages. Fundamental breaches are so serious that they permit the aggrieved party to terminate the contract outright and pursue additional remedies. An anticipatory breach is recognized when one party indicates that it will not perform its contractual duties before they are due to execute them, granting the other party the right to respond immediately with legal action.
Common Types of Breach of Contract Lawsuits Involving Employment Law
At Sedey Harper Westhoff, we are prepared to represent upper management employees across all industries in breach of contract litigation. These lawsuits tend to stem from an employer denying you contractually promised compensation in one way or another.
Our St. Louis breach of contract attorneys are prepared to take on cases involving:
- Wrongful termination lawsuits. Employers may sometimes attempt to terminate an employee "for cause" as a strategy to sidestep paying severance and avoid activating other contractual obligations often linked to dismissal without cause. This usually implies that the employer alleges the employee breached specific terms of the employment contract, engaged in misconduct, or failed to perform their duties adequately. However, if an employer cannot adequately substantiate the reasons for a "for cause" termination, it may constitute a breach of contract. In these situations, the employee may contest the termination by demonstrating that the alleged reasons are unjustified or fabricated, potentially providing grounds for a wrongful termination claim.
- Severance lawsuits. Some employment contracts specify severance terms to provide financial support upon termination. When an employer refuses to pay severance as outlined in the contract, it constitutes a breach that may lead employees to seek legal action. This refusal often stems from disputes over the interpretation of severance clauses or disagreements about the circumstances surrounding termination.
- Unpaid wages, benefits, or sales commission lawsuits. A common breach involves the non-payment or wrongful deduction of agreed-upon wages, bonuses, benefits, or sales commissions. Employers may fail to compensate employees as stipulated in their contracts, which can lead to disputes and potential lawsuits. Employees may file claims to recover unpaid wages, bonuses, or benefits that were promised contractually.
If your employer refuses to honor the terms of your employment agreement, don’t wait to get legal advice. Call (314) 819-0963 or contact us online today.
Frequently Asked Questions About Wrongful Death in Missouri
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Can I Represent Myself in a Breach of Contract Lawsuit?
While you can represent yourself in a breach of contract lawsuit, doing so comes with significant risks and challenges. The complexities of contract law require a nuanced understanding of legal principles, procedures, and the intricacies involved in presenting a case effectively in court. Without professional legal training, you may struggle to accurately interpret contract language, gather relevant evidence, or comply with procedural requirements, potentially undermining your case.
Your employer will likely be represented by experienced legal professionals, placing you at a disadvantage in legal arguments and negotiations. Missteps in any part of the process can have detrimental consequences, including the possibility of an unfavorable verdict. An experienced employment law attorney who handles breach of contract cases can help you avoid common mistakes, build a strong claim, and effectively combat your employer’s arguments.
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How Long Does a Breach of Contract Lawsuit Typically Take?
The duration of a breach of contract lawsuit can vary significantly based on a variety of factors. Typically, these cases can take anywhere from several months to several years to resolve. The timeline is influenced by the complexity of the case, the court's schedule, and whether the dispute can be settled outside of court. Initially, after filing the lawsuit, parties engage in a discovery phase, which involves the exchange of pertinent documents and information. This phase can be lengthy, depending on the amount of evidence and the level of cooperation between parties. If the case progresses to trial, scheduling, preparation, and the trial itself add to the duration. However, it's common for cases to be settled before reaching trial, especially if both parties are inclined to avoid prolonged legal battles.
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What Is the Statute of Limitations for Filing a Breach of Contract Lawsuit in Missouri?
In Missouri, the statute of limitations for filing a breach of contract lawsuit depends on the type of contract in question. For written contracts – including employment agreements – the statute of limitations is typically five years from the date of the breach. Failing to file within this timeframe usually results in the case being dismissed.
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Can I Negotiate a Settlement with My Employer?
Yes, you have the right to negotiate a settlement with your employer. Settlement negotiations can be initiated at any stage of a contractual disagreement, even before formal legal proceedings begin. An attorney experienced in employment law can provide valuable insights and help draft settlement terms that protect your rights. They can also act as intermediaries, reducing tensions and facilitating a smoother negotiation process.
Bear in mind that accepting a settlement in a breach of contract dispute typically involves signing a settlement agreement, which usually includes a release clause. This clause effectively prevents you from pursuing any further legal action related to the same issue against your employer. The release is a legally binding promise stating that, in exchange for the agreed-upon terms and compensation, you give up your right to sue or continue litigation over the alleged breach of contract. This underlines the importance of ensuring the settlement adequately addresses all your concerns and compensates you fairly for any damages or grievances.
Our St. Louis breach of contract attorneys can negotiate on your behalf and seek a fair resolution that avoids a lengthy court battle. If your employer refuses to offer an acceptable settlement, we are not afraid to litigate.
- We advise you about whether you have a case and how strong it is.
- We help you negotiate for severance or a better severance package.
- We file charges for you with the Equal Employment Opportunity Commission, the Missouri Commission on Human Rights, and the Illinois Department of Human Rights.
- We prosecute your case in state and federal court for a just result.
We Get Results!
Our clients say we are smart, hard-working, aggressive advocates, who will fight for your rights.
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"I have the utmost respect for Sedey Harper Westhoff."
They are a unique group of smart, talented, dedicated and passionate attorneys working together to represent their clients with the highest degree of legal expertise, and to make a positive difference in the world. Their work is unparalleled.
- Francine K. -
"The counsel that I received from Sedey Harper Westhoff during each phase of my discrimination and retaliation case was excellent."
The professionalism and knowledge exhibited, and the personal touch my family received, was comforting during a very difficult time in my life.
- Rickey D. -
"You don’t just get one attorney… you get an entire firm on your side. I can’t recommend them highly enough."
Their reputation with the court system and the opposing firm / defendant spoke volumes in getting this case to a winning settlement. Most importantly, they are real people in a sea of so many attorneys.
- Terry H.
Saint Louis, MO 63139 Map & Directions