If your employer violated your employment contract in the U.S., you could be entitled to damages connected to that breach. Such damages might include lost wages, benefits, or other compensation that you were promised under the terms of your contract. Speaking with an employment law attorney may help you understand what your rights and options are in this situation. An attorney can provide guidance on the strength of your case, the best course of action to take, and potential outcomes. They can also represent you in negotiations or litigation to ensure you receive the compensation you deserve for any breach of contract.
What is an Employment Contract?
An employment contract is a signed formal agreement between an employer and an employee that outlines the terms and conditions of employment. Not all employers and employees have an employment contract. For example, many hourly waged employees work without a formal contract. These agreements may be verbal, or provided in writing. Sometimes, an employee handbook can serve as an implied contract. However, most employee handbooks state that employees are employed "at will," meaning the employment relationship can be terminated at any time by either party.
Elements of an employment contract typically include the following:
- terms and conditions of the employment;
- payment details, whether hourly or salary, and the amount to expect;
- employee grievance guidelines and policies;
- conditions for paid leave;
- benefits offered;
- a description of the job’s responsibilities.
Other conditions or provisions might also be included, such as the location of the work schedule and any specific requirements or expectations related to the particular job. Having a clear employment contract to ensure that both parties have a clear understanding of their rights and obligations is essential to ensure a smooth employment relationship.
What is a Violation?
Violations may involve the terms of the contract, such as not paying the agreed amount, changing the job description, making unauthorized changes to employee benefits that were agreed to in the contract, and violating any other terms in the contract.
Employers can violate work contracts in various ways, leading to potential legal claims being lodged by employees. One common example is the employee failing to pay the agreed salary or wages, including withholding overtime pay that was earned. Another example is changing job responsibilities or demoting an employee without gaining consent first, which could be a breach if the contract specifies certain duties or a particular job title.
Employers might also violate contracts by not providing agreed-upon benefits such as health insurance, retirement plans, or paid leave. Terminating an employee without following the procedures outlined in the contract, such as not giving the required notice period, is another violation. Also, failing to follow grievance procedures or not addressing workplace safety issues as promised may also constitute a breach. Any deviation that has taken place from the agreed terms and conditions explicitly stated or implied in the employment contract can be grounds for claiming a violation of the contract and the right to seek legal remedies.
What to Do
When you first suspect your employer has violated your employment contract, it is essential to take specific steps to protect your rights as soon as possible while the circumstances are fresh in your mind. First of all, you should double-check to confirm there was actually a breach, as there may be something in your employment contract you weren’t aware of. This means carefully reviewing your employment contract and any relevant documentation to ensure that your employer’s actions constitute a violation of the agreed terms. You have to be absolutely sure a breach has taken place.
Document everything meticulously, which means keeping a detailed record of any related emails, pay stubs, dates and times of the violation, if relevant, and any other supporting information. This documentation will be crucial when you need to prove your case at a later date.
Communicate directly with your employer to address the issue as sometimes a breach may result from a misunderstanding or oversight, and a straightforward conversation should be able to resolve the problem. If the direct approach does not yield favorable results, use your employer’s internal resources by speaking with the Human Resources (HR) department. HR may help mediate the situation and find a resolution which may mean you can get the violation resolved as soon as possible without the need for further action.
If these steps do not solve the issue, you should, at this stage, consider taking legal action. This means you should consider consulting with an employment law attorney who may be willing to take the following action:
- assess your situation and guide you through your options;
- help collect and organize relevant evidence that supports the violation;
- be prepared to represent your interests;
- provide invaluable advice on the strength of your case and the best course of action to take to seek compensation or other remedies for the contract breach.
Contact an Employment Attorney
A lawyer could help you build your case, advocate on your behalf, and help you win the compensation you deserve for the contract violation. They can help you gather and present evidence effectively, navigate the complexities of employment law, and represent your interests in negotiations or court proceedings. With their help, you may boost your chances of winning the compensation you deserve for an illegal contract violation. Consulting a lawyer ensures that you understand your rights and you are advised on the best course of action to take.
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