Breach of an Employment Contract
A strong employment contract sets clear expectations for both employers and employees, covering rights and responsibilities in the workplace. When an employment agreement is breached, it’s crucial to know your options and how to secure compensation. Legal guidance from an employment lawyer can clarify your rights, ensuring you are protected.
What Is a Breach of Employment Contract?
A breach of employment contract happens when either an employer or employee fails to fulfill the agreed-upon obligations. This could involve unpaid wages, broken promises regarding benefits, or sudden terminations without proper cause.
Employment contracts define key aspects of the employment relationship, from job duties to compensation and termination rights. When these terms are violated, you may be eligible for damages that compensate for financial and professional harm.
Types of Damages for Employment Contract Breaches
Monetary damages help compensate for the financial impact of a breach. In employment contract cases, there are three main types of damages:
- Expectation Damages: Cover the value you would have received if the contract had been fully honoured.
- Example: If you were promised a bonus or specific benefits that were not provided, expectation damages may cover the promised amount.
- Restitution Damages: Prevent the breaching party from benefiting unfairly from the breach.
- Example: If you completed overtime work without compensation, restitution damages could cover your unpaid wages.
- Reliance Damages: Reimburse you for expenses made based on the contract’s promises.
- Example: If you incurred relocation costs for a new position that was later withdrawn, reliance damages may cover those expenses.
Additional Damages: Addressing Wrongful Termination
In cases of wrongful termination, when an employer dismisses an employee in violation of contract terms, you may be entitled to further compensation, including notice pay or common law severance. Legal advice is critical here since invalid termination clauses could entitle employees to compensation beyond what the Employment Standards Act (ESA) provides.
Why Clear Employment Agreements Matter
Well-defined employment agreements minimize disputes and clarify expectations. Including specific terms regarding job roles, compensation, and termination rights can help safeguard both parties’ rights. An employment lawyer can assist in drafting or reviewing agreements to ensure they comply with legal standards and are enforceable.
Secure Your Rights with Employment Contract Lawyers
If you’re facing a breach of contract or need assistance drafting a clear employment agreement, Achkar Law is here to help. From exploring damages options to negotiating terms, our team offers guidance at every stage.
Contact Us Today
For comprehensive support with employment agreements, consult Achkar Law. Let us help you protect your rights and secure fair compensation in the event of a breach. Reach out today to discuss your situation and find the best solution for your needs.
Phone toll-free at 1 (800) 771-7882 | Email us at [email protected]