Posts by ryan

3 Possible Remedies for a Contract Breach

Posted by on Oct 22, 2018 in Blog | 0 comments

A contract breach may be defined as the failure by one or more parties to fulfill conditions specified without any legal reason. A lot of factors have to be considered before it is determined. In courts, damages are often awarded, but there are also other ways to remedy a breach of contract. Damages The damages awarded to the offended party will depend on the nature of the breach. If it is determined that the conditions that were not met amount to a full breach, the plaintiff may be awarded damages equal to the total amount that would have been made had the contract been fully executed. On the other hand, the contract can be termed as a partial breach, this means that the offended party may seek damages equal to what is required to correct the anomaly. In the case of a partial breach, courts may also decide to award an amount that is equal to the difference in actual value from the expected value. Restitution Unlike with damages, with restitution, the plaintiff does not seek to be compensated for any breach of the contract. In restitution, the offended party seeks to get back any money they had given to the defendant. This usually happens when the courts have deemed one party to be incompetent or incapable of delivering as promised. Rescission and Reformation Rescission is when one party seeks to have the contract terminated due to fraud, errors, or undue influence from outside. The party seeking rescission will request the contract to be set aside due to mistakes or fraud. Reformation is done for the same reason. The difference between, rescission and reformation, is that in the later, the injured party seeks for a rewriting of the contract to correct the mistakes. Most courts, however, favor rescission over reformation since mistakes should have been captured during drafting....

Read More

How Florida Employment Law Protect the Rights of Employees

Posted by on Sep 30, 2018 in Blog | 0 comments

When an employee signs a new contract with his employer, both parties realize that there are rules stipulated by these contract they have to adhere to. Many employees feel that the rules apply to them more than they do their employer. Different jurisdictions have varied laws designed to outline the boundaries that organizations should work within when setting rules and drafting contracts. Therefore these laws are designed to protect all individual rights of people regardless of their position in the organization’s hierarchical structure. To ensure that your rights as an employee are protected, you need to understand a few basic things about Florida Employment law. Harassment and Termination The relationship between an employer and the employee can be compared with that between a master and a servant. The employee is expected to the rules as stipulated in the contract. Employers can fire their employees, but employee termination must be within the law. For example, Florida is an at-will state. This means an employer can fire, hire, demote or promote, for any reason, or no reason at all. A wrongful termination claim can, however, be made for a number of reasons: Making A Compensation Claim: The employee was fired for making a compensation claim. Pregnancy: it is illegal to fire an employee because of pregnancy or that they recently gave birth. Discrimination: It is wrong to terminate an employee due to race, religion, age, marital status, or disability. Testifying against an employer in court: Family and Medical Leave Act Claim The Family and Medical Leave Act Claim (FMLA) was designed to provide protected leave for employees in certain situations that are prompted by emergencies. Eligible Florida employees may take up to 12 weeks leave for the following reasons: Care for a family member who is ill, injured or on military duty Bond with a newborn To be with a family member who is in preparation for military duty To be eligible, employees in Florida need to have worked for the employer for at least a year, and must have worked for at least 1,250 hours the previous year before taking a leave. This law applies to employers who have a minimum of 50...

Read More

REASONS TO AVOID HIRING ONLINE LEGAL PROVIDERS WHEN STARTING YOUR BUSINESS

Posted by on Jun 21, 2018 in Blog | 0 comments

REASONS TO AVOID HIRING ONLINE LEGAL PROVIDERS WHEN STARTING YOUR BUSINESS If you have finally taken the steps, quit your old job and started out on your own it can be a little overwhelming. After all, you have put everything you have into starting your business, the best thing to do is to hire an attorney that works for you-not for everyone else. THERE IS NO SUCH THING AS ONE SIZE FITS ALL The law is an everchanging amoeba- not a single entity. Each business or case is always going to be different by city, state, and county. How can ready-made legal packages possibly cover the enormous amounts of variables? The best option to protect your business is a law firm that practices law-not recites it. AVOID HIDDEN FEES Hiring a lawyer will keep you covered without the hidden fees. You know that once Stratton and Green represent you they are going to take care of you giving you all the information you need upfront, not withholding it to upsell you. With legal service providers, they don’t tell you about court filing fees, potential penalties, quick delivery charges and a number of other things that can come up. Your online legal provider won’t tell you about these things-instead they will bill you or sell you an add-on package. This is not only frustrating but costly. KNOW WHO YOU ARE When you need answers fast who do you call at any of the online legal providers? When something comes up you aren’t sure about how confident are you that your business is protected with your ready-made package. By hiring Stratton and Green we develop personal relationships with our clients and know everything there is to know about their business or their case. We understand your legal situation is personal and unique, so we make your personal business our business. Stratton and Green specialize in business law. They understand the importance of developing a relationship and the necessity of protecting your business so that you can focus on running it. Call our office today to see how we can help...

Read More

What You Need to Know About the Chapter 7 Bankruptcy

Posted by on May 22, 2018 in Blog | 0 comments

What You Need to Know About the Chapter 7 Bankruptcy If you are laden with anxiety because your business is on the verge of bankruptcy, filing for the Chapter 7 will help you reorganize your debt to avoid liquidation of your company assets. This also gets you off the hook of acquiring additional liabilities caused by charges against your monthly obligations and deflects collection calls that may hurt your business credit standing. Bankruptcy Opens Your Financial Standing to Public Inquiry When filing for the Chapter 7 law, be prepared to put your information into public scrutiny. This exposes every aspect of your financial standing including the mistakes and how your company handled your finances in the recent years. Filing for bankruptcy protection will also require you to file a huge amount of paper works which will be added on to the bankruptcy schedules. Among the things you need to present to the arbitrary court includes company assets, debts, income, recent financial activities and transactions, and expenses. You will also be required to attend several instances where you face with your creditors. Also called as a “meeting of creditors”, this can be extremely uncomfortable as you disclose your financial standing with them and the bankruptcy trustees. It Affects Your Credit Standing for Several Years It normally takes a debtor two years to start recovering from the financial burden they incurred from your business. In most instances, these creditors will not likely have business with you for the years to come following your Chapter 7 Bankruptcy filing. Working on your credit standing will help you get a better score so you can start rebuilding your finances. This will help you and your company focus on the changes that can help bring financial stability in the long run. If you are considering Chapter 7 Bankruptcy for your business, debt relief agencies like Stratton & Green, ALC can help you cross the bridge worry free. Not only will it protect your property, but also cease collection actions, and discharges all your debt balances from financial institutions you have acquired debt...

Read More

Breach of Contract – What Now?

Posted by on May 11, 2018 in Blog | 0 comments

Breach of Contract – What Now? Business contracts are an essential aspect of the success of a company. You are expected to fulfill your obligations under the contract while the other party fulfills theirs. Unfortunately, contracts of any kind do not always work out in the way they are expected to. Rather than doing nothing when a breach of contract has occurred, it is important to remember that the contract is enforceable by law. Depending on the type of breach and the amount of money involved, lost monies may be able to be recovered in small claims court. However, the best option for you when the dollar amount of the lost finances exceeds the court’s maximum is to hire an experienced attorney. In more complex breach of contract cases, this is also the best course of action. In some cases, the amount of money and time spent going after the monies owed may not be reasonable. Of course, in cases where there was a significant loss, hiring a reputable attorney to fight for you is best. The four breach categories include: Material Breach – the most serious of breaches, and is when one party fails to fulfill their end of the contract. Fundamental Breach – the wronged party is allowed to stop performance and sue for damages. Anticipatory Breach – a breach is about to happen. Minor Breach – only a portion of the contract is breached. In all cases of contract breaches, it must be credible. The signed contract, date it was executed, date of the breach, and the amount of money lost, must be available for your lawyer to evaluate. A qualified attorney can explain what is involved in each of these breach categories and more. The attorneys at Stratton and Green, LLC can help. For more information on breach of contract, contact them...

Read More