When you enter into an employment agreement with your employer, you expect things to go as planned. However, that does not always happen. In many instances, these agreements are breached in one way or another. Although employees are sometimes responsible for breaching these agreements, more often than not it is the employer who fails to live up to the terms of the agreement. Since an employment agreement is viewed as a legally-binding contract, it is important to hold your employer accountable for their actions in these situations. To do so, take the following steps when the agreement has been breached.
Examine the Details
Before you go making allegations against your employer, examine the details of your agreement to make sure a breach has actually taken place. Also, make sure both you and your employer actually signed the contract, since this will signify all parties agreed to its terms.
Talk to Your Employer
If you believe an agreement was breached, talk to your employer before taking any additional steps. For example, if you think your employer is failing to pay you the wages or give you certain benefits you felt you would be entitled to based on your agreement, discuss your concerns with your employer. In some cases, this may have simply been a misunderstanding that can be easily cleared up in a matter of minutes.
If your talks with your employer are going nowhere, you may want to start gathering evidence to back up your claims regarding a possible breach of the agreement. As an example, if you feel you are not being paid overtime wages per your agreement, you should gather your pay stubs and other related information. Also, if you believe you were unfairly terminated by your employer, it may be smart to begin gathering recent performance reviews from your company’s human resources department, since these may show your work was indeed up to par.
Hire an Attorney
In many situations where employment agreements are breached, employees take the step of hiring an attorney who has extensive experience in employment law. If you have gotten nowhere with your employer in your discussions or have been fired unjustly, you should take this step immediately. By doing so, your attorney can examine your agreement in greater detail, discuss the incident with you, and offer an objective opinion as to how you should proceed. While this could involve filing a lawsuit and going to court, your attorney may also be able to arrange mediation sessions between you and your employer. This could not only resolve the matter much more quickly, but also keep it out of public records and still give you the results you desire.
Don’t be Intimidated by Your Employer
When you are involved in a dispute with your employer regarding an employment agreement, don’t allow yourself to be intimidated by your employer’s words or actions against you. In fact, if any threats or attempts to intimidate you are made by your employer, they are violating the law and thus must be held accountable for their actions. Ultimately, if you know you are correct, it is vital you stand up for your rights in these matters.
While there can be many complexities involved in employment agreement disputes, the good news is that these cases are indeed very winnable for employees who have been wronged by their employer. By making sure you fully understand the terms of your agreement, having the necessary evidence to support your claims, and hiring an attorney who knows employment law and is determined to protect your rights, you can walk away a winner.