You can sue for breach of employment contract, and a Boston labor and employment lawyer can help. Employment contracts provide crucial legal protections for both employees and employers by clearly defining the rights, responsibilities, and expectations governing the working relationship.
When an employer fails to uphold the contractual terms they agreed to, it constitutes a breach of contract that may entitle the employee to file a lawsuit to recover damages.
Common Employment Contract Breaches
Employment contracts are legally binding agreements that set forth the terms, conditions, and obligations for both the employer and employee. When an employer fails to uphold their end of the contractual bargain, it constitutes a breach that may entitle the employee to sue for damages.
A labor and employment attorney can build your case when the following breaches of contract occur.
Termination or Layoff Violations
Many employment contracts specify required notice periods and criteria like “cause” that must be met before an employee can be terminated. Failing to provide proper advance notice or following contracted disciplinary processes can constitute a breach.
A Boston wrongful termination lawyer can review your hiring contract and fight for reinstatement or compensation.
Compensation Breaches
In addition to unpaid salary or wages, employers may breach contracts by not paying owed bonuses, commissions, severance, equity compensation, or improperly deducting compensation. Unilaterally altering compensation terms can also breach a contract.
A Boston wage theft and overtime pay dispute lawyer can assist with breaches of contract that affect your pay.
Demotions or Reassignments
Employment contracts often define an employee’s specific role, responsibilities, title, and prohibitions on reassigning them to lesser positions without cause. Unilateral demotions or materially adverse job transfers can breach contractual terms.
Furthermore, employers who issue demotions or reassignments as an act of retaliation against an employee are violating federal laws.
Leave and Accommodation Denials
If an employment contract grants leave rights beyond legal requirements or promises workplace accommodations, denying those entitled leave periods or accommodations under the Family Medical Leave Act (FMLA) can breach the contract.
Hostile Work Environments
Many contracts prohibit discrimination, harassment, retaliation, or otherwise subjecting employees to severe/pervasive hostile work conditions. Failing to prevent or remedy such misconduct may breach contractual protections.
For example, if your employer violated Title VII of the Civil Rights Act of 1964, a Boston employment discrimination lawyer can help you hold them accountable and seek compensation.
For a free legal consultation, call (860) 999-9394
Potential Compensation for Breach of an Employment Contract
When an employer materially breaches the terms of an employment contract, the affected employee can potentially pursue compensation for their losses and damages through a breach of contract lawsuit.
The specific remedies available depend on the contract’s provisions and the nature of the violations.
Back Pay and Front Pay
For contract breaches involving compensation issues like unpaid wages, bonuses, commissions, or severance owed under the agreement’s terms, the employee can seek to recover the full “back pay” amount they should have received. They may also be able to recover “front pay” damages for future lost earnings caused by the breach.
Benefits
In addition to compensation, employment contracts often require the employer to provide certain benefits like health insurance, retirement contributions, stock options, and more. Breaching obligations to provide these contracted benefits can allow claims for the full value.
Guaranteed Compensation
Some contracts, especially for executives or highly-compensated roles, may guarantee certain salary levels or payments regardless of termination or other circumstances. Breaching these provisions could make the employer liable for the full guaranteed payout amounts.
Liquidated Damages
Many contracts specify liquidated damage amounts for particular violations like improper termination. These set damage figures can make proving and recovering compensation more straightforward.
By carefully reviewing all aspects of the employment agreement and circumstances around the breach, experienced employment law attorneys can identify all available remedies for their clients.
The Process of Suing for Breach of Employment Contract
If you believe your employer failed to uphold the terms of your employment contract, the first step is to consult with an experienced employment law attorney. Your lawyer will conduct a detailed review of your contract’s provisions and the circumstances surrounding the alleged breach.
- Demand letter and negotiations: An attorney may first send a formal demand letter to your employer. This provides an opportunity to resolve the matter privately before litigation. If the employer is unwilling to adequately resolve their contractual breaches through negotiations, the next step is filing a lawsuit.
- Drafting the breach of contract complaint: Your employment lawyer will draft and file a formal breach of contract complaint against your employer in the appropriate state or federal court. The complaint lays out the contractual provisions violated, underlying facts, and demands for damages.
- Discovery: Once the employer responds to the lawsuit, an extensive discovery process begins where both sides must exchange all relevant employment records, policies, witness testimony, and other evidence related to the alleged contract breaches.
- Motions, settlement negotiations, or trial: The employer may file pre-trial motions seeking dismissal, which your lawyer would oppose. More often, employment lawsuits reach private settlement agreements during this discovery phase.
If a fair settlement cannot be reached through negotiations, your breach of contract case would then proceed to an official civil court or jury trial, with both sides presenting evidence and legal arguments. Appeals of the decision may follow as well.
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You Can Sue for Breach of an Employment Contract; Call DGP Law Firm for Help
You can sue for breach of an employment contract, but the process is complicated. Duddy, Goodwin & Pollard can help you with your lawsuit, though. Our labor and employment attorneys in Boston can assert your contractual rights, gather evidence of a breach, rebut employer defenses, and maximize compensation at trial or settlements.
Call us today for a free consultation. Our law firm solely handles labor and employment cases, and we are ready to help you today.
Call or text (860) 999-9394 or complete a Free Case Evaluation form