As most people know, a contract is a written, oral, or implied agreement by two or more parties. Contracts are frequently used in an employment situation to define the terms of a person’s employment or to lay the guidelines for a business relationship.
Unless there is a mistake with the contract, unethical terms, or another issue with the actual agreement, a contract is legally binding. When a person violates the terms of a contract, you may have options for legal recourse. If you suspect an employer or employee has violated his or her legal obligations under contract, speak with a breach of contract lawyer in New Jersey to learn more about your rights.
What is a breach of contract?
A “breach” of contract means one party:
• Failed to deliver the terms of the agreement (known as “non-performance”)
• Violated the terms of an agreement
• Interfered with the other’s party’s ability to live up to the agreement
In terms of employment law, contracts are put in place to protect both the employer and the employee. Those successful in a breach of contract claim may be entitled to compensation for:
• Consequential damages
• Liquidated damages
• Nominal damages
• Specific Performance
Breach of employment contract by employee
An employer might suspect that an employee has breached a contract if he or she quits without living up to the terms of an agreement. In cases such as these, the employer may be able to sue the employee for the cost of finding a replacement and the financial losses suffered as a result of the employee leaving.
Additionally, if an employee violated a non-compete agreement or spilled trade secrets, the employer might have grounds for a lawsuit. A breach of contract lawyer can give you more information regarding a breach of employment contract by employee.
Breach of employment contract by employer
If an employer fails to deliver certain terms of an agreement – for example, your contract outlines a certain retirement plan, but that plan isn’t carried out – the employee might have grounds for a lawsuit.
Additionally, if you had a contract that said you cannot be fired except under certain circumstances, yet you were terminated anyway, you might have cause for a wrongful termination lawsuit. If you suspect a breach of employment contract by employer, consult a contract attorney for more information.
When You Should Speak with a Contract Attorney
You should speak with a breach of contract lawyer the first inclination you have that someone violated the terms of an agreement. For the employee side, some examples include:
• You were fired without cause
• You were fired before the duration of your contract ended
• You were not given the benefits you were promised
On the other hand, an employer might file a breach of contract lawsuit because:
• An employee went to work for a competitor
• An employee started a competing business
• An employee quit before the duration of their contract was completed
For complete information, speak with a skilled breach of contract lawyer. You have rights – protect them with the right legal representation.