In Georgia, unless a worker has an employment contract for a certain term, the worker is an “at-will” employee. Most employees are at-will workers, laboring without an employment contract. Employers have the right to fire them for any reason or no reason, as long as the firing doesn’t violate state or federal law. But, employees who are under contract have greater job security. Their rights, obligations to the company, performance standards, compensation, and terms for severance are spelled out with great specificity. Unfortunately, even when the language of a contract is clear, the contract’s application to the facts at hand can give rise to competing interpretations. If you are locked in an employment contract dispute, the employment lawyers at DeLong, Caldwell, Bridgers, Fitzpatrick, & Benjamin, LLC in Atlanta are ready to help. We have vast experience resolving contract disputes for businesses and employees. We are prepared to assert your rights and fight for the outcome you deserve.
I retained DeLong Caldwell Bridgers Fitzpatrick & Benjamin to help with two separate issues relating to my employer. The first was a compensation dispute regarding hourly versus exempt status and the second was to negotiate and finalize a separation agreement upon my leaving my employer. I found each person at the practice to be very courteous and respectful during each encounter. Mitchell Benjamin was very thorough and knowledgeable regarding both issues and worked quickly to find an appropriate resolution and provide closure. I would recommend Mitch and the entire practice to anyone who needs an attorney that deals with legal issues related to employment.
Skilled Lawyers Manage Breaches of Employment Contracts in Georgia
Most employment contract disputes begin with an allegation that one side has breached the contract. Common areas of conflict include:
- Whether performance metrics were met
- Whether company policies or applicable regulations were followed
- Whether bonuses or commissions were earned
- Whether stock options have been earned or have vested
- Terms of severance
- Whether non-compete agreements were followed
- Whether an employee violated fiduciary duty by misusing company assets
We review the contract and investigate the facts to get a clear picture of whether a breach has occurred and whether the breach is material. Generally, a nonmaterial breach does not relieve the opposing party from its duty to perform under the contract, whereas a material breach does. We provide clear, reliable advice on the situation, so our clients can make a fully informed decision about the best way to proceed.
I highly recommend Mitch Benjamin and his law firm to anyone looking for legal clarification regarding employment contracts, non-competes and severance agreements. I have first handedly witnessed the destruction that signing an extremely unfair employment contract can cause. I encourage everyone to seek legal guidance and education before signing any type of employment or severance agreement.
Atlanta Firm Handles Litigation of Employment Agreements
A breach of contract occurs when one party fails to perform its duty under the contract. A complaining party must point to language in the contract that confers an obligation to perform and then present evidence of non-performance or deficient performance. Opposing sides may dispute the meaning of contractual language or bring facts into question.
Our experience representing both employers and employees places us in an advantageous position to understand both sides and press for a timely, cost-effective resolution to all disputes. We are often able to resolve conflicts through negotiation or mediation. Certain contracts may require binding or nonbinding arbitration to settle matters. We are prepared to take contract disputes to the appropriate court as a last resort.
Our first and foremost goal in litigation is to protect our clients’ contractual rights. However, we also understand the importance of preserving, whenever possible, the relationship between the parties. Litigation risks causing a permanent rift, but conflicts can also lead to greater clarity and understanding, which strengthen and preserve the relationship. Our attorneys comport themselves with the utmost professionalism to pursue the most positive outcome available to our clients.
Dedicated Lawyers Assist with a Variety of Work Agreements
Our law firm has extensive experience with all types of employment contracts, such as:
- Executive compensation packages
- Severance agreements
- Non-compete agreements
- Non-disclosure agreements
- Work-for-hire agreements
- Independent contractor agreements
From complex executive employment contracts to simple work-for-hire memoranda, our attorneys have the knowledge, experience, and determination to pursue the outcome you deserve.
DCBFB successfully represented me in an employment discrimination dispute. Mitch Benjamin carefully researched and analyzed all relevant case information, responded immediately to all my questions, pulled in resources when needed and provided thoughtful, measured guidance and a winning strategy. The time and dedication which he provided resulted in a favorable severance agreement. For his genuine support, professional counsel and personal kindness during a difficult time, I am pleased to provide my highest recommendation for Attorney Mitchell D. Benjamin.
Contact a Georgia law firm experienced in employment contract litigation
DeLong, Caldwell, Bridgers, Fitzpatrick & Benjamin, LLC in Atlanta provides determined litigation services for employers and employees in a wide variety of contract disputes. Call us at or contact us online to arrange a consultation. Our Atlanta office is ADA accessible.