Fighting Breach of Employment Contract by Employer
By: Brayan Mathew | Posted: 25th July 2011
Does a contract outline the terms and conditions of your employment? An employment contract is a good way to avoid legal disputes between the employer and the employee. Whether it is a verbal or a written one, there is no guarantee that there would be no breach. If this happens, you need a consultation with an employment lawyer.
How does an employment contract benefit an employee? This agreement provides in specific terms what the employer expects from an employee. This helps you to understand the way things work, and the way you need to conduct yourself.
How does the contract benefit an employer? The employer may use this as a tool to safeguard company information, especially the confidential things the employee learns during their job tenure.
Why is it better to get this in writing? Most Florida workers are ‘at-will’ and there are no written contracts outlining the terms and conditions of employment. Getting a contract in place is good for employers as well as employees.
Moreover, if these provide alterative dispute resolution tactics, it may also lessen the chances of litigation. If the agreement lists the possible circumstances under which you may face termination, and your termination does fall in these classifications, you may not be eligible for filing a wrongful termination complaint.
What should you do if you suspect a breach of contract? The first thing to do is find a competent Fort Myers employment lawyer. Why is this so important? Just a suspicion of this breach is not enough, you need a legal practitioner to analyze the terms in the contract and ascertain whether the employer’s conduct is a breach or not.
Suppose you face a termination from job. If your employment contract prohibits termination before a certain period, this may be a breach. However, only a lawyer can analyze your contract and assess whether it is so.
If you do have adequate evidence to establish this breach, you may file a case at a court of law. Your employment lawyer can handle the necessary filing and the ensuing court proceedings.
What are the possible remedies available? It depends on the exact circumstances of your case. However, there are two possible solutions –
* The court may order performance as per the contract clauses
* The court may order monetary damages including legal costs
The most important thing to do is find a good lawyer to know for sure whether there was a breach before you decide to file a case against your employer.
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Tags: circumstances, consultation, company information, contracts, tenure, suspicion, litigation, legal disputes, breach of contract, employment contract, wrongful termination, legal practitioner