BUSINESS LAW

Generally, United States companies hold broad authority to terminate employment for virtually any reason, short of illegal discrimination. Thus, it is possible to fire an employee who has been caught stealing. Citing this reason is not always advisable, however; many employers prefer to let problematic employees go without making accusations. After all, employers are not obliged to explain their reasons for terminating employment. Those who cite theft should proceed with caution when conducting investigations, as these commonly become the subject of wrongful termination litigation and if the alleged “theft” is not a provable fact, it may you to allegations of defamation. Companies don't necessarily bear the burden of proof in employment cases, but juries may expect proof beyond a reasonable doubt if accusations of theft are made. When in doubt, it's generally easier and safer to fire theft-prone employees without actually mentioning their behavior.

Given the right circumstances, a text message could create a valid and enforceable contract or at least evidence of a valid enforceable contract. To create a contract one must show (1) offer and acceptance (that is, one party makes an offer and the other party accepts it); (2) consideration (that means, something of value from one party in exchange for something of value from the other party); (3) capacity to contract (which means, the parties must be of legal age and sound mind); and (4) a legal purpose. This can be accomplished in writing, orally, or can be implied by the parties’ conduct and course of dealings together and evidenced by writings such as checks, purchase orders, invoices, emails, and text messages.

A variety of avenues can be pursued to resolve a breach of contract. While formal lawsuits are typically thought of as the primary solution, alternate options such as mediation or arbitration may be preferable when both parties are open to negotiation and actually may be required by the contract before either party may pursue litigation. Typically, the first step to address the breach involves a notice, which is often referred to as a 'demand letter.' In addition to alerting the other party to the breach, a notice may outline possible remedies. This important step may be followed by informal discussion or by drafting an official settlement agreement. If these approaches don't prove effective — or if the other party disagrees that a breach occurred — a lawsuit may be the best option for remedy. Typically in litigation a party will seek remedies at law and equity.

In most cases, it is best practice for contracts to be signed by both parties. However, many situations exist in which a contract may be enforceable if it's signed by just one person or even if neither party signs. For example, some types of oral contracts may be binding in certain situations. Rules regarding the necessity of signatures vary from state to state, so it is important to determine local laws when attempting to complete a contract with just one signature — or none at all. For example, the Statute of Frauds requires that certain contracts be in writing, including contracts for: (1) marriage; (2) any contract that cannot be completed in a year or less; (3) a contract for the transfer of real property; (4) a contract to promise to pay the debts of another; (5) a contract for pomises to pay the debt of an estate from an executor’s private funds; and (6) contract for the sale of goods worth $500 or more. Without signatures, however, it can be difficult to prove a contract's validity, as binding contracts must include a clear offer, acceptance of that offer, and consideration, in which each party gives something to get something.

If an employee stole from your business and was subsequently terminated, limited options for recourse exist. While it may be tempting to withhold the amount stolen from the employee's final paycheck, this approach is best avoided, as it violates labor laws in many jurisdictions — and could lead to considerable legal trouble. Once an employee accused of theft has been fired, it is in your best interest to send the entirety of remaining wages to that person's last known address. It is also wise to notify the employee of this final payment — and that recovery of stolen assets or property will occur via proper legal channels.

While most people picture contracts as professionally printed documents, it is possible to draft a legally binding, handwritten contract. Even strictly verbal contracts can be enforceable under select circumstances. However, given the complexities of enforcing verbal contracts, it is always advisable to record agreements in writing. As long as written contracts spell out necessary details and are signed in full agreement by both parties, they are legally binding and enforceable in a court of law. Typically, enforceability will not be impacted by the mode of writing, but rather, by whether contracts comply with formalities mandated by federal, state, and local laws.

In many cases, a contract must be signed by both parties to be considered valid. Numerous exceptions exist, however. Oral contracts or those made electronically (and without a formal signature) can be deemed valid under select circumstances. In such situations, mutual agreement at the time of the contract's creation must be proven, as well as consideration (what the other side receives upon fulfilling the contract's terms). In specific situations outlined by civil codes or statutes, written signatures may be required for a contract to be deemed enforceable. Ultimately, the validity of an unsigned contract depends on the circumstances under which it was entered into and the content of the agreement. Such an agreement would need other evidence of the contracts existence to be enforceable. That evidence can be various correspondences between the parties such as emails and text messages, the conduct and course of dealings between the parties, performance by one or both parties, and evidence of payments via check or wire transfer.

If a breach of contract occurs, the aggrieved party may attempt to enforce the agreement's terms or, if unable to do so, seek damages to account for financial harm that resulted from the breach. This typically begins with sending notice of the breach. In many cases, the parties involved in the contract will take part in negotiations and make extra efforts to ensure a mutually beneficial solution to the dispute. Sometimes, however, negotiations fall through. In such cases, a breach of contract lawsuit may be the only viable solution for securing enforcement of the contract's terms — or monetary damages.

To be deemed legally binding, every contract must include the following elements: an offer, voluntary acceptance of that offer, consideration (in which each party involved must give something to get something), and the mental capacity of each party to enter into a legal contract. In many instances, contracts will not be considered binding unless they are written and signed by both parties, however oral and implied contracts are binding. If one or more of the aforementioned elements are not present when creating a contract, it may not be legally enforceable. Every situation’s specific fact pattern must be analyzed to determine if a contract is enforceable.

While contracts can be made under a variety of circumstances, they impart a lot more meaning if they are binding. When a contract is deemed legally binding, it can be enforced in a court of law. By making a contract binding, both parties increase the likelihood that its terms will be followed. Breaking a binding contract could result in penalties imposed by the court. For a contract to be considered binding, all parties involved must have, offer, acceptance, consideration, capacity and the agreement must possess legal purpose. The courts will not split the spoils between thieves.