Breach of Contract Analyses
Overview
Employment contracts govern the conduct of some employees and employers during and after the employment period. We analyze economic damages that result from alleged breach of employment contracts.
Our analyses of breach of employment contract damages include allegations such as solicitation of employees and clients, misappropriation of trade secrets, and unlawful competition.
We have provided analyses, rebuttal reports, and expert witness testimony in dozens of breach of employment contract cases.
Employment Training Losses
We analyze the employee training investment losses that could occur from an alleged breach of employment contract. In some instances, employers could potentially lose the time, effort, and resources that were invested in training employees who departed as a result of the alleged breach of employment contract.
In addition to formal training, employees typically receive on-the-job training and instruction from supervisors and managers, vendors, and co-workers throughout their employment tenure.
We use information from personnel files, court records, and labor market data to study the value of the alleged losses associated with the employer’s loss of training investment.
Client & Revenue Losses
In breach of employment contract cases, it is often alleged that the breach has resulted in lost clients and lost business profits. We analyze the losses associated with these types of allegations.
In general, the analysis involves comparing the business revenue that would have been generated had the breach not occurred to the business revenue that was actually generated, or projected to be generated, now that the breach has occurred. This comparison is calculated over the alleged breach period.
The lost business profits analysis includes economic damages incurred as a result of alleged actions including misappropriation of trade secrets, breach of fiduciary duty, and tortious interference. We use information from personnel files, court records, and labor market data to study the value of the alleged losses associated with these types of allegations.
Workforce Disruption Costs
In some cases, it is alleged that the breach has resulted in workforce disruption and increased operating cost for the employer. We analyze economic damages associated with these types of breach of employment contract allegations.
In these instances, the employer could potentially incur increased operating cost due to additional employee recruitment efforts related to the alleged breach of employment contract.
The employer may also incur increased operating cost due to salary and compensation retention payments made to existing employees in light of the alleged breach of employment contract.
We use information from personnel files, court records, and labor market data to study the value of the alleged losses associated with these types of allegations.
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Case examples:
- Instant Technology, LLC v. Connect Search
- Evercare of Texas v. Molina Healthcare
- Bear Transportation, LP v. Somerset Logisticso
- EMS Energy Services USA v. Globalogix
- Wilson Industries v. Bell Supply
- Schlumberger, Inc. v. Ricky Parker et al.
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