Title: What Is an Employment Agreement (1)
1What 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.
3For 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.