What Is an Employment Agreement (1) - PowerPoint PPT Presentation

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What Is an Employment Agreement (1)

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Title: What Is an Employment Agreement (1)


1
What Is an Employment Agreement?
An employment agreement is a legal agreement
between an employee and their employer regarding
the terms of the agreement. It creates a legally
binding contract between the worker, and is
generally written and signed in order to be
effective. A typical employment agreement will
address issues such as
  • Names, contact information, and other
    identifying information of the parties involved
  • The nature and purpose of the employment
    arrangement
  • Payment of wages (amount and frequency
    specific pay dates)
  • Whether any benefits are available to the
    worker
  • Information regarding advancements and
    promotions
  • How long the arrangement will last
  • Procedures for termination or retirement

2
Many employers use standard employment
contracts, especially if they will be hiring a
large number of workers performing relatively
similar tasks. On the other hand, individual
employment agreements can be created for
situations involving unique needs. What Is a
Breach of Employment Agreement? A breach of an
employment contract can occur whenever either
party fails to perform their duties under the
contract terms. For instance, the employer may be
liable for a breach if they fail to pay wages as
stated in the contract, or if they deny the
employee any benefits that they are entitled to.
Another common breach of employment agreement is
where the employer terminates the worker in an
incorrect way.
3
For employees, a breach can occur if they seek to
find employment elsewhere before the contract
terms are up. Alternatively, they might be liable
for a breach if they disclose information that is
meant to be held privately for the company.
Thus, there can be many different issues
involved in a breach of contract. Since each
contract is different, a breach of contract might
be found for many different reasons. What to Do
about a Breach of Employment Agreement? If you
believe that your employer has breached the
employment agreement that you initially signed
and agreed to, you must first take some
precautionary steps before taking legal action
4
  • Check the original employment agreement to make
    sure that the terms and conditions that were
    breached were listed and that you signed and
    agreed to the terms.
  • Take the problem to your employer and try to
    resolve the problem.
  • Talk to a professional specialist or a lawyer to
    determine whether the contract has actually been
    breached or the terms have been violated.
  • Try a form of Arbitration or Mediation to
    resolve the issue.
  • If all fails, take legal action against the
    employer to be compensated for any loss that
    resulted from the breach.

5
  • Another remedy might involve the employer
    reinstating the worker to their previous job
    title after a wrongful termination incident.
  • Other remedies might involve a re-writing of the
    contract to reflect changes in circumstances, or
    a requirement that the employer change their
    workplace policies.
  • Common remedies that you may be able to claim for
    a breach of employment contract may be
  • Payment for any holiday or sick pay that was
    offered and negotiated, but was not granted by
    employer.
  • Payment for any travel expenses or work related
    expenses that was owed, but not paid.

6
  • Any changes or modification to the employment
    agreement that was not signed off or agreed by
    you.
  • Any breach of job description or terms of work
    hours that was offered before you entered the
    employment contract or started working.
  • Do I Need to Hire an Employment Lawyer?
  • Employment agreements should be reviewed
    carefully before they are entered into. You may
    wish to hire an employment lawyer if you need
    help drafting, editing, reviewing, or negotiating
    an employment agreement.
  • Your attorney can help you understand your
    employment rights under local, state, and federal
    laws. Also, your lawyer can represent you in
    court if you need to file a formal lawsuit due to
    a breach of contract terms.
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