Shaffer Lombardo Shurin

• Issue a notice in line with Company Policies or State Laws; • Give valid reasons for the termination; • In the case of termination on the basis of breach of employment contract/ policies, provide the employee with an opportunity to respond to the allegations; • Set up a termination meeting to discuss the issue; • Pay any pending dues/ benefits. NOTE: Seek legal advice before terminating an employee to ensure a suit is not filed against you for wrongful termination.

It depends. There is no particular amount or formula to use in seeking compensation. It depends on the extent of injury, the tabled offer or what is at stake. There are uncertainties thus compromise is on a case by case basis. However, the merits and demerits of a claim vis a vis a trial have to be weighed in determining how far one can negotiate. Mediation usually leads to a win-win situation thus one should compromise to the level of their interest.

Yes, most settle at mediation (out of court settlement). That has become common in personal injury disputes. This is due to the risk, cost and emotion associated with a trial as well as uncertainties of the final verdict in terms of collection. Litigation is expensive, stressful and time consuming thus making mediation a preferred option. It is important to note that even insurance companies understand the value of mediation in avoiding paying damages that are way above losses incurred.

You need to prove that there existed a valid verbal Agreement that was actually breached and no remedy was provided. This is through the use of documentation/ communication records used to bring to the attention of the other party a breach or attempts to make a recovery either of money / bounced check or otherwise, and if there are any witnesses to a transaction, it is important that witness statement be adduced to prove the breach or prove partial implementation of the Contract.

For an Attorney to comprehensively prepare a watertight case in a contract dispute, a client must furnish the following details: Nature of Contract, Circumstances under which it was entered, the terms agreed upon, the consideration and what breach occurred and whether the other Party has failed to remedy the breach. All the details capturing the essentials of a valid Contract must be availed. This information will be vital in proving the existence of a Contract as well as a breach. Documents of damage and witnesses are very helpful.

Yes, in most circumstances you can sue for breach of a verbal contract. They are as enforceable as written Contracts. However, you have to prove that a binding Agreement was in place and a breach occurred. All the essential requirements of a valid contract must be met for a suit to stand. They include: Offer, Acceptance, intention to enter into that Agreement as well as Consideration. Exceptions: you cannot sue for a verbal contract for sale or transfer of land or real estate or some consideration that could not be fully performed in one year. Most states have a Statute of Frauds which must be considered for a lawsuit on a verbal contract.

The owner is responsible for paying the contractor for the work that has been performed. The owner may require the contractor to prove that the subcontractors have been paid so that the owner does not face a claim that they have not been paid for their work. The owner is responsible for making sure that subcontractors are paid or he or she can face a claim or mechanic’s lien for the recovery of these costs. Other liabilities are based on the written contract provisions between the parties.

Many courts will look to the language of the contract when determining any potential liability in this situation. They may prevent a contractor from recovering for extra work when this work did not comply with the provisions of the contract. They may find that an oral instruction to the contrary is not sufficient. However, some courts may allow a contractor to be compensated for this work if they find that the owner waived the requirement of a written change order by not strictly enforcing the clause or if the parties waived the requirement by their conduct.