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A breach of contract by your employer can leave you feeling frustrated, uncertain, and unsure of your rights. Employment contracts outline the responsibilities and obligations of both the employer and the employee, and when one party fails to uphold their end of the bargain, it can lead to financial losses, stress, and damage to your career. If you believe your employer has breached your contract, there are steps you can take to protect your rights and seek justice.
1. Review the Terms of Your Contract
The first step is to carefully review your employment contract. Contracts often include specific terms regarding salary, job duties, benefits, work conditions, and more. Look for the provisions that you believe your employer has violated. Breaches may include failure to pay agreed-upon wages, wrongful termination, changes to your job duties without consent, or failure to provide promised benefits.
If you are uncertain about any part of the contract, consulting with an employment attorney can help clarify your situation. They can review your contract and determine if there has been a clear violation.
2. Document the Breach
If you suspect a breach of contract, it is essential to document everything. This includes:
- Emails and Correspondence: Keep records of any communications with your employer that relate to the breach.
- Work Schedule or Duties: If your job duties or schedule have changed, keep track of what was agreed to in the contract versus what is currently being required of you.
- Pay Stubs: If the breach involves wages or benefits, gather all relevant pay stubs or benefits records to compare them with your contract terms.
Having clear documentation strengthens your case and provides evidence that can be used if legal action becomes necessary.
3. Communicate with Your Employer
Before escalating the issue, consider discussing the situation with your employer or HR department. In some cases, the breach may have been a misunderstanding or an oversight that can be resolved with a simple conversation. Approach the conversation professionally, focusing on the facts, and provide documentation that supports your claims.
4. Consult with an Employment Lawyer
If your employer fails to resolve the issue, or if the breach is serious, it’s time to seek legal advice. An experienced employment attorney can guide you through the process and help you understand your options, which may include negotiation, mediation, or litigation.
5. Consider Your Legal Options
Depending on the severity of the breach and your goals, you may have several legal options:
- Negotiate a Resolution: In some cases, the breach can be resolved through negotiation without needing to go to court.
- Mediation: Mediation involves a neutral third party who helps both sides agree.
- File a Lawsuit: If other methods fail, you may choose to file a lawsuit for breach of contract. If successful, you could be awarded compensation for financial losses, emotional distress, or other damages.
Key Takeaways
- Review Your Contract: Understand the terms and where the breach has occurred.
- Document Everything: Keep thorough records of communications and changes.
- Seek Legal Advice: Consult with an employment lawyer to explore your options.
- Resolve Professionally: Try to resolve the issue internally before considering legal action.
A breach of contract can have significant implications for your career and finances, but you don’t have to navigate it alone. Hadsell Stormer Renick & Dai LLPis dedicated to helping employees protect their rights and get the compensation they deserve when employers fail to honor their contracts. If you believe your employer has breached your contract, contact us today at (626) 775-7870 for a consultation.