Breach of Employment Contract
When people start working for a new employer, they often sign an employment contract. An employment contract outlines certain aspects of the job and gives employees protections beyond those provided by state and federal employment laws.
Employment contracts are legally binding, but that doesn’t always prevent an employer or employee from breaking the contract. Employment law attorneys at Chanfrau & Chanfrau work with individuals in Daytona Beach, FL, Palm Coast, FL, and surrounding areas to settle disputes regarding breach of employment contract, so that appropriate damages can be awarded.
What Does an Employment Contract Entail?
An employment contract outlines certain aspects and conditions of employment. Most commonly, an employment contract stipulates:
- How much an employee will be paid
- Job duties and expectations
- Any protections against termination
Many employment contracts are written and signed documents, but it is important to note that the court recognizes oral contracts or implied contracts. A contract can be implied through written or oral statements or through documents such as an employee handbook.
Types of Breach of Contract
If even one term of an employee contract is violated, it constitutes a breach of the employment contract. There are several different types of breach of contract. The most common examples include:
- Material breaches of contract - A material breach of contract is one that causes significant harm, or damages, to the non-breaching party.
- Non-material breaches of contract - A non-material breach of contract means that certain terms of the contract are not being implemented correctly, but it has not resulted in material losses.
- Anticipatory breaches of contract - An anticipatory breach of contract refers to situations where an employer or employee anticipates that they will not be able to fulfill the terms of a contract, so they mutually agree to close the contract.
What to Do if You Suspect an Employment Contract Has Been Breached
Anyone who suspects that an employment contract has been breached should contact a knowledgeable employment law attorney as soon as possible. If someone is a victim of a material breach contract, they may be able to file a civil lawsuit to pursue financial compensation for resulting damages. The employment law attorneys at Chanfrau & Chanfrau can examine the terms of the employment contract to determine if a breach of contract case can be filed.
Damages in a Breach of Contract Case
If an employee suffers financial damages due to a breach of employment contract, they may be due compensation from the employer. Awarded damages are based on what the employee could have expected to earn had the terms of the contract been met. Potential sources of compensation in a breach of contract case include:
- Lost wages
- Lost benefits
- Attorney fees
- Liquidated damages (some contracts have a liquidated damages provision that states an amount of money to be paid to the non-breaching party if the contract is breached)
Contact Our Practice
If you have suffered financial damages as the result of a breach of employment contract, you can file a lawsuit to pursue compensation for your losses. To discuss your case with the employment law attorneys at Chanfrau & Chanfrau, contact our law firm online, or call (386) 258-7313 to schedule a personal consultation.