A Breach of Employment Contract Violates Your Employment Rights Under Federal Laws.
A breach of employment contract occurs when your employer goes against the terms agreed upon within your signed contract. Whether they fire you from a job early, short your pay, or otherwise ignore the contract stipulations, you may have a claim for breach of contract under federal law.
If your employer breaks your employment contract, you have the right to receive compensation. You need an employment attorney that understands your rights and will advocate for them to ensure you receive justice.
What Is an Employment Contract?
Sometimes an employer enters a contract with an employee. The employer exclusively employs you to complete a specific job or task. The contract provides terms that remove typical at-will employment terms.
- Employee salary
- Length of employment
- Job responsibilities
- Employee responsibilities
- Exchanges between employee and employer
What Are Examples of a Breach of Contract?
Breach of contract occurs when your employer breaks the terms of the contract. They may pay you less money than agreed upon. They may terminate your employment early. They may add responsibilities without providing compensation.
Sometimes, you may cause a breach of contract, especially if you do not perform your contracted job responsibilities.
What Are Examples of a Breach of Employment Contract?
An employer breach of contract can occur under any of the following situations:
- Your contract promises you a specific pay rate. Your employer pays you less than promised. You completed all the work as requested in the time frame agreed upon.
- Your contract promises you employment for three years, barring emergencies. Your employer decides to terminate your contract after two years and three months because he just doesn’t want the service anymore. He does not pay you for the remaining nine months of the contract.
- Your contract says you will run the IT department. The responsibilities include repairing computers and phone systems, setting up email, and repairing network connection issues. Your boss asks you to update the website.
- It is not part of your job description, so you refuse unless he agrees to pay you more for it. Instead, he terminates your contract on the spot.
- Your contract includes benefits, such as health insurance and two weeks of paid time off. When you try to get the insurance started, your boss denies you the option.
Can an Employer Ever Fire a Contracted Employee?
Most contracts contain provisions that allow an employer to release a contracted employee early. These provisions may include some of the following:
- Committing a felony or misdemeanor for which you are convicted
- Committing financial fraud against the company
- Lying on your application
- Sexual harassment against any member or customer of the company
- Causing severe damage to the company’s reputation through public statements or actions
Can Your Employer Break Your Contract Because You Complained about Working Conditions?
Suppose your employer fires you from work or terminates your contract early because you complained about a breach of contract or working conditions. In that case, they may be committing an act of retaliation. Retaliation resulting in any negative action, including wrongful termination, demotions, reduced wages, or more, are prohibited under employment laws. If you are fired from work through an early contract termination, contact an experienced employment contract lawyer to learn more about your rights.
Does an Employment Contract Have to be in Writing?
It is always a great idea to have an employment contract in writing. However, it is not necessary. Binding contracts can come in many forms, such as:
- Verbal Agreements
- Implied by statements
- Implied through actions
- Implied through documents such as an employee handbook or email exchange
- Consult an employment lawyer to confirm your employment contract and ensure the terms are fair for the job you are contracted to perform.
How Is an Employment Contract Breached?
An employment breach of contract may occur in several different forms. Breaches occur in the following manners:
- A Material Breach of Contract. A material breach of contract occurs when a significant variation to the contract occurs. Considerable harm to employees occurs when material breaches of contract occur.
- A Non-material Breach of Contract. A non-material breach of contract occurs when a minor issue occurs that violates the terms of the contract. Typically, there is an issue in how the contract is implemented.
- An Anticipatory Breach of Contract. An anticipatory breach of contract occurs when your employer sees he or she cannot fulfill the terms of the contract, or you see you are unable to fulfill your terms of the contract. When this occurs, you and your employer will void the contract together.
Where Does an Employee File a Breach of Employment Contract Lawsuit?
State laws govern a breach of an employment contract. Therefore, you must file your claim for breach of contract in the state in which the violation occurred. Consult an employment attorney in your state to determine the laws relating to a breach of contract.
What Is the Statute of Limitations to File a Breach of Contract Lawsuit?
A breach of contract is a violation of state law. Each state sets its own time limit for employees to file a breach of employment contract claim. The employment contract attorneys at the Derek Smith Law Group handle breach of contract cases in New York City, Philadelphia, Miami, Los Angeles, and New Jersey. Here are the statutes of limitation for these states:
- New York – six years for both oral and written contracts
- Pennsylvania – four years for both oral and written contracts
- Florida – five years for written and four years for oral contracts
- California – four years for written and two years for oral contracts
- New Jersey – six years for both oral and written contracts
What Is the Average Compensation for a Breach of Employment Contract?
If you are the victim of a breach of contract, the courts will likely offer financial remedies. It is rare for the courts to insist the employer enforce the remainder of the contract if you are fired from work through an early contract termination. However, the courts may offer money for lost wages, pain and suffering, emotional distress, and legal fees. Sometimes, the courts will require a company to pay punitive damages to punish them and prevent them from breaching another employment contract.
How Can an Employment Contract Lawyer Help You Fight a Breach of Employment Contract?
Employment contracts are a very specific area of the law. Many contracts have fine print, allowing certain events to occur under specific circumstances, such as an early end to the contract if a specific incident occurs.
An employment contract lawyer can help you review your contract to find the details needed to file your claim. They will help you file your claim in the appropriate time frame and negotiate a settlement as quickly as possible.
Contact Our Employee Contract Lawyers for Your Free Consultation?
You have a right to work for an employer who will honor your employment contract. If your employer breaches your contract, the experienced employment contract attorneys at the Derek Smith Law Group can help.
Did Your Employer Break Your Employment Contract with an Early Termination or Lack of Proper Pay? Do You Want to Know Your Rights Under the Law? Please Call 800.807.2209 for a Free Consultation to Know More About Your Rights.
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