Breach of Employment Contract Lawyer

Employment Contracts

When an employer employs any worker, an employment contract is established. This contract may take the form of a signed written document, may be based on provisions in an employee handbook, or could be established through a verbal agreement. Whether written or implied, an employment contract establishes the terms of the relationship between the employer and the employee.

All employment contracts are protected under the law, but some are harder to prove than others. Written contracts can most easily be enforced in a court of law. Employment contracts that are implied in materials such as an employee handbook may be more difficult to prove, but can also be enforced by courts. Contracts established solely verbally are toughest to enforce because they are the toughest to prove. If your employer does not give you a written contract, it is a good idea to establish some written evidence of your employment agreement, even in the form of an email or text message, before beginning work.

Employment contracts often cover topics such as employee classification, compensation, bonuses and commissions, the duration of employment, employee schedule and responsibilities, sick time, performance expectations, and just causes for termination, among other things. Employment contracts may also include confidentiality agreements, non-compete clauses, and intellectual property agreements.

Before you enter into any employment contract, it is important to consider the terms of the agreement. If the contract is written, carefully read the document to ensure that you are comfortable with all of the terms laid out in the contract.

Breach of Employment Contracts

A breach of contract occurs when one or more of the terms laid out in an employment contract is broken. Both an employer and an employee can cause the breach of contract. Take for example a contract states that an employee will hold a position for one year. If the employer terminates the employee after only 6 months, the employer has breached the contract. If the employee leaves their job after just 6 months, the employee has breached the contract. Since an employment contract is legally enforceable, the party to break the contract may be liable.

Remedies if an Employer Breaks a Contract

If an employer breaks an employment contract, the impacted employee may be able to hold them liable. Their liability, and the remedy for the breach, depends on the facts of the case. Typically, an impacted employee will be able to claim damages including compensatory damages and putative damages, among others. If for example, an employee was terminated 6 months before their contract ended and was then unable to find a comparable job, the employee may be able to recover the 6 months of lost wages from the employer. Another possible remedy may be restitution, in which an employee is restored to the position they were in before the breach of contract occurred.

If an employer has breached a contract, the impacted employee can also use this fact to negotiate a favorable severance agreement. Employers may be especially willing to negotiate or settle out of court in order to avoid a public lawsuit.The law protects employees who request reasonable accommodations. Your employer may not retaliate against you for requesting an accommodation. The law additionally protects employees who report unlawful discrimination or failure to accommodate at work. If you make a complaint of discrimination or failure to accommodate to your employer, resist discrimination or failure to accommodate in the workplace, or participate as a witness in a discrimination or failure to accommodate complaint, your employer may not treat you unfavorably as a result. If your employer has treated you differently because you reported or resisting any form of discrimination or harassment, your employer has retaliated against you and broken the law.

If you work remotely, the legal standard for proving mental disability discrimination remains the same. Although you have less face-to-face interaction with coworkers, you may experience disability-based discrimination in a remote office space.