Contracts and corporate agreements are essential to any successful business or organization. All parties who sign a contract agreement are legally required to fulfill the terms of the contract. When one or more parties fail to fulfill their obligations under the contract, the parties negatively affected have a right to pursue a breach of contract claim. The results of a breach of contract can have a significantly negative effect on Cincinnati employees. If you are an employee in Cincinnati who has been financially injured due to a breach of contract, it is important that you understand your rights. Reach out to an experienced employment contract attorney who can help you resolve your contract issue as smoothly and efficiently as possible.
Advocating for Employees in Breach of Contract Claims
HKM Employment Attorneys represent employees in a wide range of breach of employment contract cases. Our attorneys have extensive experience litigating cases in state and federal courts. We understand the devastating impact a breach of contract claim can have on workers. Contact HKM Employment Attorneys today to schedule a free case evaluation and learn more about your legal options.
Types of Employment Contract Disputes We Handle
At HKM Employment Attorneys, we represent clients in a wide range of contract dispute cases. Our Cincinnati attorneys have helped clients resolve contract disputes through arbitration and mediation. Our attorneys use their extensive trial experience to advocate for clients when the dispute moves to court. Additionally, our law firm has a proven track record of successfully recovering damages for clients. HKM Employment Attorneys is prepared to handle many different types of breach of contract claims on behalf of employees, including the following:
- Breaches related to the specific number of hours an employee has to work
- Breaches related to employment benefits
- Breach of a termination clause
- Breach of a non-disclosure clause
- Breach of a non-compete clause
- Breach of a severance agreement
- Wrongful termination
What is a Breach of Contract Under Ohio Law?
A breach of contract is a failure to fulfill one or more terms in a legally binding contractual agreement. Not every agreement individuals or businesses make is considered a legally valid contract. A legally valid contract includes an offer, mutual acceptance of the terms of the offer, and a meeting of the minds on the accepted terms. There must be mutual intent that the contract is legally binding. When an employee relies on their employer to fulfill their end of the contract and that person fails to do so, the employee may have a right to bring a breach of contract claim.
What is a Material Breach of Contract
Not every breach of contract rises to the level of being actionable in court. If you would like to pursue a breach of contract claim, you must show that the breach was material. Specifically, if you can prove that the breach of contract was material in nature, you can pursue damages. Minor, trifling, or technical departures from a party’s requirements under the contract generally are not enough to bring a breach of contract claim. Ohio courts use multiple criteria to determine whether a breach of contract was material, including the following:
- The extent to which the party claiming breach of contract will be deprived of the benefit of the bargain that it negotiated for
- The degree to which the injured party can be compensated adequately for the deprived benefit
- The likelihood that the party failing to perform will cure its failure
- Whether the behavior of the party failing to perform is consistent with the standards of good faith and fair dealing
How Long Do I Have to Bring a Breach of Contract Claim?
In Ohio, you have six years from when the contract in question was written to bring a breach of contract claim. If the contract was not in writing, you only have four years to bring a claim. There are some exceptions to this time limit, also called a statute of limitations, but Ohio courts will usually dismiss claims brought outside this time window.
Damages Available in Breach of Contract Claims
Ohio courts can award damages to an employee claiming a breach of contract has injured them. The purpose of awarding damages is to try to put the aggrieved party and the position they would have been in if the defendant hadn’t breached the contract. Plaintiffs can pursue general damages to compensate them for direct financial losses, including financial damages and reimbursement of costs. Special damages may be available to compensate for other financial damages, like missing out on other business opportunities while waiting for the definitive to perform the contract. In some cases, courts will award additional equitable damages.
Attorneys Representing Employees in Cincinnati Breach of Contract Claims
Are you an employee who suspects or is certain your employer has reached a contract with you? If so, you may wonder what steps to take to protect yourself. Many employees who are victims of a breach of contract are concerned that they may lose their jobs if they challenge their employers regarding the terms of their contract. Speaking to an attorney can help you understand your legal rights.
When you meet with an attorney, be sure to bring your original employment agreement so your attorney can evaluate whether any terms were breached. Additionally, if you have any other signed agreements with your employer, or if there is an employee handbook, you should also bring these documents when meeting with your attorney. You may be required to pursue arbitration to resolve the issue. An attorney can help you understand what steps you can and should take to protect yourself and your rights under your contract.
Contact a Cincinnati Breach of Contract Attorney Today
Do you believe that your contract rights have been violated? Are you a business owner who needs to enforce the terms of your contract? If so, the experienced Cincinnati breach of contract Attorneys at HKM Employment Attorneys are here to help. We will work diligently to resolve your case as efficiently and effectively as possible. Do not delay. Contact HKM Employment Attorneys today to learn more about your legal rights and options.