If you can`t resolve the issue with your employer, you may decide to take legal action. Think carefully before taking legal action against your employer. Ask yourself what you want to achieve and how much it will cost. Keep in mind that you will only receive compensation (called “damages”) if you can prove an actual financial loss, for example, if your employer does not pay your salary. There is no compensation for suffering or hurt feelings. You won`t necessarily be paid for the time you`re not at work, but your employer should be careful not to impose additional penalties. If there`s nothing in your contract that allows your employer to do so, they`ll have to pay you what you earned and then decide if they`re suing for the money they lost because of your delay. Before entering into an employment contract, you may want a qualified and competent labor lawyer to review the document to make sure your best interests are protected. An experienced employment lawyer can help you in the preparation, processing, review or negotiation of an employment contract. In addition, if necessary, they can help you take legal action and represent you in court. However, if your complaint is not satisfactorily resolved or in the case of more serious violations, you can instead file a formal complaint in writing. The employer is then obliged to investigate the matter and grant you a written result and a right of appeal.
If an employer violates the employment contract, it depends a lot on the nature and extent of the violation, how you approach it, and how best to proceed. You should also keep in mind that legal action could prompt your employer to file a counterclaim against you if they think they have one. This is rarely easy when it comes to such issues, and as one might expect, there are many common misconceptions and “loopholes” that employers can and will use to legitimize their breach of contract. You think (for example) that it is not within your employer`s power to force you to act against your will, but there could be something called the “mobility clause” in your contract, which states that your employer has the right to move you and not pay you if you refuse. The employment contract sets out legally enforceable conditions that govern the employment relationship between the parties. If a party violates any of these conditions, this will be called a breach of the employment contract for which appeals can be brought. Once an employee and an employer have entered into an employment contract, they cannot terminate their contractual relationship outside of the methods described in the agreement. If the employer or employee breaks the contract, the une aggrieved party may be entitled to damages and enforce the agreement in court. Damages such as compensation for pain and suffering and punitive damages are generally not awarded in contractual matters. In some cases, even filing a formal complaint will not necessarily solve the problem.
Therefore, you should then consider legal action. This may also be the case if you no longer work for your employer and negotiations after the dismissal turned out to be hopeless. Employers and employees must accept the employment contract. However, the employer cannot ask the employee to earn less than the minimum wage or waive his or her right to increase unemployment if otherwise permissible. Otherwise, the terms of this type of contract are flexible. Since employment contracts can contain several terms and clauses, it is a good idea to have them reviewed by an employment lawyer. If an employer has a negative impact on an employee`s financial compensation, the employee may be entitled to damages. Console Mattiacci Law, LLC will consider all possibilities of obtaining the highest damages to which the contract employee is entitled. It is a breach of contract to withdraw or reject a job offer after it has been accepted. The contract is concluded as soon as you accept the offer and both parties are bound by the terms until the contract is terminated.
In cases where the employee is still working for his employer, a claim for strict breach of contract should generally be brought before the civil courts and not before the labour court. In many cases, however, the same claim may also be decided by the court, para. B example as an application for illegal deduction from wages. This will provide a much simpler legal basis for an existing employee to claim due funds such as non-payment of salary or non-payment of vacation pay or sickness pay. If you are not familiar with the terms of your employment contract, come in! Getting acquainted with this will make relationships with your employer much less stressful and if you`re really smart, you may even be able to renegotiate the terms in your favor! Stranger things have happened in the economy. If you believe there is a breach of contract, check the terms of your contract to make sure. If so, you should first try to resolve the issue directly with your employer. Alternatively, you can try some form of mediation or arbitration to resolve the issue. However, these types of alternative dispute resolution may not be available to you in your employment contract. It is important that you follow all the procedures provided for in the employment contract.
recasting the contract to take account of changing circumstances; The employer is required to change its workplace directives; the payment of vacation or sickness benefits offered or negotiated, but not granted by the employer; and/or payment of travel or work-related expenses due but unpaid. As a basic requirement, if there is a breach of the employment contract, expressly or implicitly, provided that you can prove that you suffered a financial loss as a direct result of that breach, you may be able to sue your employer for damages. In some cases, an action may be brought before the labour court, in other cases before the civil courts. Common examples of violation of the employment contract by the employer under explicit conditions can range from non-payment of an employee`s declared salary on time or at all to failure to comply with the correct contractual notice period at the end of his employment relationship. If you are a party to an employment contract and your employer has breached it, a lawyer can help you enforce the contract and recover the damages you have suffered. However, it is important to act quickly. At Console Mattiacci Law, LLC, we pride ourselves on representing employees in contractual matters, including negotiations and litigation. Call us today at 215-545-7676 to make an appointment. Mr. Nifong met the requirements of the contract when a change of control took place and his important duties were reduced; However, the Company failed to comply with its contractual obligations and refused to pay Mr.
Nifong the benefits to which he was entitled under the Mattiacci Law Console, LLC recently represented Charles Nifong, the former Chief Investment Officer and Vice President of Finance of CrossAmerica, based in Allentown (formerly Lehigh Gas), which was acquired by CST Services. The case concerned a contract in which the beneficiary was Mr. Nifong and Mr. Nifong certain benefits if his important professional functions were reduced as a result of a change of control in the company. Contacting a law firm that specializes in reviewing and analyzing employment contracts and resolving such disputes for the benefit of employees could save an employee time and increase an employee`s claim for damages. If you think your employer is violating your contract, check the printed copy first and make sure you are completely safe. There might be clauses written in “legal language” that you may not understand (in fact, that`s basically the meaning of legal language), so you may need to hire a lawyer or ask a friend in a legal profession for help. Then you should take the problem to your employer and try to solve it face to face. If this fails, you may be forced to take legal action. Common violations for which you may be able to claim compensation include (but are not limited to): However, the contractual terms may be both express and implied….