When it comes to contracts for employment, certain states are “at-will” jurisdictions. This means that unless there is a contract in place, an employee is generally free to leave the employer at any time, and the employer can dismiss the employee at any time, without justification. At Ascent Law, we work with employers to make sure that they don’t breach their contracts. You should always have a good Contract Lawyer on your team.
Even in at-will contexts, however, it is not permissible for employers or employees to breach the terms of a contract that both parties have agreed to. Possible employment contract breaches may arise over terms that include:
- Salary and compensation
- Benefits, such as stock-options, retirement plans, and health insurance coverage
- Employee codes of conduct
- Confidentiality agreements
- Non-compete agreements
- Termination policies
Employers may include any information in a contract that is relevant to the industry or job function in question. When parties file lawsuits related to employment contracts, it is typically because either the employer or employee has violated the terms. In most cases, the plaintiff must demonstrate that the contract was breached in a material way, and that there were monetary losses as a result of the breach.
Occasionally, employers have documents, such as employee handbooks, which may be important but not easily accessible. If such a document exists at your workplace, you have the right to access it. Although employees do not always read the full text of employee handbooks, these guides often contain information that can be highly relevant in employment litigation.
It is important to seek attorney representation when facing an employment contract dispute because it can be difficult to assess whether the contract’s terms were broken and the consequences of any breach.
Prevent a breach of contract lawsuit
A contract may specify when an employee can be terminated, for what reasons, and the procedure for doing so. Even in “at-will” situations there are still rules governing why an employee can be terminated.
If you have been terminated by your employer and feel that it may have been done in violation of your employment contract, keep records of any correspondence related to your termination, as well as a copy of the original contract itself.
Unpaid compensation claims are a very common type of employment litigation. Some employers attempt to cut corners, save money, or retaliate against employees by denying them their fair compensation.
These cases are often prompted by one of the following scenarios:
- The employer did not pay a significant portion of the employee’s salary without lawful justification.
- The employer withheld bonuses when the employee met the criteria for the bonus, as set forth in an employment contract, employee handbook, or another company agreement.
- The employer, without just cause, failed to administer the agreed-upon benefits, or terminated the benefits during the course of employment.
- The employee signed a severance package and the employer failed administer the agreed-upon compensation.
- The employer promised commissions to the employee but failed to pay them out.
OYSTER BAY OFFICIAL CHARGED WITH DEFRAUDING INVESTORS
The United States Attorney’s Office for the Eastern District of Utah and the Securities and Exchange Commission (SEC) have charged Oyster Bay, Utah and its former town supervisor John Venditto with defrauding investors in connection with the town’s municipal securities offerings.
According to the SEC’s complaint, Oyster Bay and Venditto allegedly concealed side deals with a businessman close to Venditto that could have had devastating financial impacts to the town’s finances.
Oyster Bay and Venditto allegedly purposefully failed to disclose the fact that Oyster Bay agreed to indirectly guarantee four different private loans totaling more than $20 million for a businessman with close ties to Venditto. The SEC claims that this information could have had a potential impact on the town’s finances and should have been disclosed to the investing public.
One scenario provided in the SEC’s complaint to explain the potential financial impact was the possibility that if one of the $16 million loans went into default, the town would be responsible for the debt which was due and payable within 60 days. This would be a significant strain on the town’s finances because a $16 million debt is equal to 16% of the town’s operating budget.
Free Consultation with Breach of Contract Lawyer
If you are here, you probably have a contract matter you need help with, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506