Breach of contract is a claim seen in many courtrooms around America. Employers who do not follow the terms of your employment contract may be held liable in court. You have rights, but you must consult with an attorney before proceeding with your case. Suing your employer is a slippery slope if you do not work with the right lawyer.
#1: Do You Still Have Your Job?
You may sue your employer even if you have quit your job. Many attorneys would recommend finding new employment before filing suit as you may lose your job when the suit is filed. Ask your attorney how you should proceed with your case before making any big decisions. There are cases that can be resolved amicably, but your attorney will test the waters to see what will be best in your situation.
#2: What Language Was Breached?
Breach of contract could cover the smallest and largest parts of your contract. Minor breaches of contract may be oversights that are cleared up with a cease and desist letter. Majors breaches of your contract must be settled through legal action. Your attorney can negotiate with your employer on your behalf, or your attorney can file suit against your employer.
#3: Negotiations
You may negotiate to keep your job if you wish to stay, and your attorney may reach a settlement over damages in your case. You can go back to work with an understanding that your contract will be followed, or you will receive damages if you have moved on to another company.
#4: Proving Your Case in Court
Your attorney will request evidence showing that your contract was breached. You must document everything you can that points to a breach of contract, and you must have a paper copy of your contract as evidence. Your case could be difficult to prove in court if you do not have evidence, and there are cases that cannot be proven because the evidence is circumstantial.
Breach of contract by your employer can be met with severe legal consequences for your employer. You may choose to move to a new job, but you are still free to file suit for past indiscretions by a previous employer. An attorney can research your case to determine if you should be compensated for your employer’s wrongdoing. Contact our firm today to get started.