Fighting Breach of Employment Contract by Employer

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.

Preparing An Employment Contract

An employment contract should be well drafted and reviewed thoroughly. And then reviewed some more. Its best to get advice and guidance from experts in state and federal employment laws when drafting the contract to avoid phrases that are unclear and would lead to misunderstanding and possible legal problems. And also, to make sure that both the employer and the employee are protected.

A contract of employment is not at all the same as a letter of employment. A contract of employment is more detailed. Letters of employment should be kept only to the most essential facts; the details should be reserved for the contract.

The contract that details an employees engagement with the company should state the salary in terms of payroll increments, not in yearly salary terms. Stating the salary in terms of years could be misconstrued and lead the employee to expect at least a years employment. If there is no promise of employment to reach one full year at the minimum, the contract should not have anything that might imply otherwise.

The conditions of employment should be clearly stated in the employment contract. This includes probationary period, if any, continuation or extension of employment and evaluation. This type of contract also typically mentions that continued employment depends on job performance and also on the employees compliance with companys policies.

Most contacts of employment also include details like employment status; the employee and employers names and addresses; the official title; probationary period and dates covered by this period, if applicable; rate of pay; frequency of pay; names of immediate boss or bosses and hours and days of work.

Remember to always be concise and clear, and to choose words and phrases carefully. Incomplete phrases, sentences or ambiguous words and statements can lead to legal disputes.

Advantages
One of the advantages and the most obvious one — of a well prepared contract of employment is that there would be no room for misunderstanding and legal disputes. Another is that a well prepared contract can help retain employees that are vital to the organization. The contract should state that there would be a specific number of days of notice before the employee can leave the company. This makes sure that the company can prepare, find a replacement and train the new employee.

If its very important for the company to keep trade secrets that are critical for the organization, a contract of employment that includes a confidentiality clause and non compete clause are crucial. A confidentiality and non compete clause should state that the employee is not allowed to share company information to others, solicit work from the companys clients and work for a competing company. These kinds of clauses usually specify a number of years or a specific period that the clause or agreement would be in effect.

Another advantage of an expertly written, well prepared employment contract is that it helps make a clear description of the employees job, including the responsibilities and what the company expects of him or her these typically include meeting job performance requirements and adhering to company policies.