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NYC breach of contract attorneysNo matter what your line of work is, when your business entails the creation and signing of a contract to document a service agreement, it is important to do everything in your power to avoid a potential breach of contract. Many individuals and entities will not hesitate to sue for what they believe to be a breach of contract, and in many cases, these claims are embellished or in some cases entirely fabricated, depending on the plaintiff’s motives. Such allegations are usually a big source of anxiety for business owners, as these claims can not only affect their livelihood and income but also their reputation in the community, as well.

Are You at Risk for Being Accused of Breach of Contract?

Whatever service you agree to provide a paying client, you are technically at risk for being sued for breach of contract if you fail in any way to perform the service as promised or fail to adhere to any specific standards or criteria required as stated in the terms of your contract. 

Here are three common breach of contract scenarios business owners may encounter:

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Manhattan contract law attorneysContracts are an inevitable part of life for most people, and business owners, in particular.  Contracts also take many different forms, from express written commitments such as a signed lease to unwritten but enforceable oral contracts. Examples of oral contracts include when you call a plumber to fix a problem in your home, and he or she does, but you do not have this in writing. You cannot, in such a case, refuse to pay because the contract was not in writing. Whether a contract is in writing or oral, if you fail to perform as agreed, you can be sued for breach of contract.

Breach of Contract in New York

For someone to sue you in New York for breach of contract, he or she must show that you committed a “material breach” of the contract terms. A material breach is generally deemed to be doing or not doing something that significantly frustrates or altogether defeats the purpose of the contract. In addition to the breach, the person suing you must show that he or she suffered a monetary loss as a result of the breach.

For example, assume you are a window replacement contractor, and you are hired to replace ten windows in someone’s home at a price of $1,000 per window. The homeowner paid you $5,000 before you did any work, and you sent your workers to start the project. However, due to unavoidable circumstances, you discover that your team will not be able to complete all ten windows. At the time you realize this, your workers have only been able to replace only two windows.

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New York employment law attorneysIt is not unusual for people to enter into various agreements with others but fail or neglect to have those agreements down in writing. Under New York and other state laws, an employment agreement must be in writing in order to be enforced, but there are exceptions that could be made.

Employment Without a Written Agreement

In certain cases, an employer may, in good faith, extend a job offer to you, but due to changed economic circumstances or other reasons, the employer either withdraws the offer before you report to work or terminates your employment soon thereafter. If either occurs, then the issue becomes whether you have any recourse against that employer.

Statute of Frauds

To resolve the issue of whether an employer has rightly withdrawn an offer of employment or has properly terminated your employment, the first thing to do is determine whether the Statute of Frauds applies.

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New York civil rights attorneysThe thought of suing the government is daunting, but to make the task less daunting, Congress passed Title 42 of the United States Code, which is part of the Civil Rights Act of 1871. A particular section of this law—namely, Section 1983—a allows an individual to sue a government official, employee or agent who violates his or her constitutional rights.

Of course, initiating legal action against any government entity or agent can be complex. It is important to speak with a skilled attorney so that you can get the guidance you need throughout the process.

What Does Section 1983 Cover?

Section 1983 claims are available as a means to obtain relief for a range of constitutional violations, which include the following:

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New York Labor Union LawyersA federal law known as the National Labor Relations Act (NLRA) guarantees workers in the private sector the right to form a union and collectively bargain. Collective bargaining simply means employees, through their representatives, negotiating as a group with an employer regarding their wages and other conditions of work.

Employee representatives are usually unions organized by types of employment, and each union represents its members in negotiations with an employer involving a range of issues, such as wages, hours worked, grievances and other terms and conditions.

The NLRA law is pre-emptive, which means it is more overrides any state law covering the same area as it does. However, states are free to make their own laws in areas not covered by the NLRA. Some of these areas include public sector employees’ rights and private employees not involved in interstate commerce.

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