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Employment Agreement

What Is an Employment Agreement?

Companies and employees sign employment agreements together so both parties are clear on their legal rights, company rules, special obligations and responsibilities. An employment agreement lasts the entire time an employee remains with the company.

What to Do After Experiencing Employment Agreement Issues?

Contracts and written agreements protect both the worker and the employer from legal consequences. Under most circumstances, outstanding issues with the agreement’s wording, presentation and the like do not crop up.

Unfortunately, it is not uncommon for an employer to violate the terms of your agreement with them. If that happens, you must follow the right steps so you can take action and get the compensation you deserve.

Your employment agreement attorney uses this evidence to strengthen your case and hold your employer accountable for the violation. This gives you the greatest chance of the judge ruling in your favor.

Gather Supporting Documents

It can be difficult to understand your options if you suspect your employer violated your agreement with them (or if you experienced a direct violation).

To move forward with your claim, you need to gather evidence of your employer’s indiscretion. Otherwise, risk your employer denying your allegations or asserting you have always been aware of your employment terms. Similarly, your agreement may contain unfair terms or clauses that strongly favor your employer over you.

So, having hard evidence of your agreement with a company is critical in this scenario to have a chance of your case turning out in your favor. In general, this includes compiling supporting documentation, such as pay-slips or employee handbooks. You can also use specific writing from your employer that makes promises, claims, etc.

You should also have a copy of your employment contract or agreement to use as a reference. This allows your attorney to search for any direct violations or invalid terms. The more documentation you provide your lawyer, the more evidence you have of an employer’s indiscretion.

Approach Your Employer

If you suspect an issue with the agreement between you and your employer, attempt to speak with them about it. However, if the indiscretion was truly unintentional, they may correct it as soon as possible. If your employer does not work with you, though, you need to consider taking extra steps to rectify the situation.

Seek Legal Help

It is not uncommon for an employee to fail to reach a conclusion with her or his employer. Fortunately, though, hiring an experienced attorney is often all you need to act. Because you already compiled supporting evidence, your attorney does not have to worry much about encountering many difficulties in building your case.

Common Employment Agreement Issues

You may experience a handful of problems with your employment agreement. For instance, such agreements are not always straightforward about appropriate compensation, wrongful termination, etc.

In general, you may encounter the following issues:

Breach of Contract

This is the most typical scenario affecting employees and includes a broad range of violations. Usually, a contract breach results in the employer’s failure to provide the appropriate amount of vacation time, sufficient breaks or compensation.

Although breaching a contract is not always intentional, some employers take full advantage of the fact that many people cannot afford to lose their jobs. This is especially true for those who act as the main source of income for their family. Handling these situations requires professional legal support.

In extreme cases, an employee may even experience wrongful termination after confronting her or his employer about the breached contract. To help dissuade the employee from taking legal action, companies often compensate workers through severance pay, but this amount is far less than what they would make by staying employed at the firm.

Invalid Agreement Terms

If an employee does not consult a lawyer to ensure the terms of her or his contract are valid and legally binding, they essentially voluntarily subjecting themselves to unfair employment conditions. Often, employers try to get away with minor employment law infractions. These typically include unfair rules regarding termination, or company-provided health benefits. Sometimes, the employer could intentionally breach state employment laws.

It is also important to note that it is possible to nullify a contract or agreement with invalid terms. Without the help of a legal professional, an employer may then attempt to leave his or her outstanding obligations unfulfilled. This could directly result in delays in owed compensation.

Lack of Enforceability 

Employment agreements often include sections that detail the response(s) if the employee violates the agreement. While this may involve arbitration, it often involves taking legal action against the worker.

For example, a written agreement may have a non-compete clause that declares a firm’s former employee cannot work for a similar company within a 100-mile radius, leading to a large handful of complications. A judge may rule these terms unfair and thus unenforceable.

Similarly, a contract with terms that are too broad or vague could also hold no weight in court. As previously mentioned, though, this could invalidate the contract entirely. An experienced attorney can help you navigate the legal proceedings.

When Should You Hire an Attorney for Your Employment Agreement Violation?

Having an employer violate an employment contract terms and conditions can be highly detrimental. You may work long hours with few breaks, postponed raises or benefits, etc. Those who cannot afford a lapse in employment may be too afraid to confront an employer with his or her concerns, leading to a cycle of mistreatment. Over time, failing to act on this behavior only serves to establish it as a normal practice.

Our legal team has thorough experience with helping workers recognize employer indiscretions and take the appropriate level of action, no matter the industry. We also provide our service at a national level, meaning we can get you in touch with the right professional regardless of your location.

If you experienced a blatant violation of your employment agreement terms (or suspect unfair implementation of your contract with your employer).

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