Business is built on human relationships. In Huntsville, Alabama, people still remember a time when business deals began with a handshake. As much as we might look back fondly on a simpler time when promises meant something, we cannot ignore the fact that times have changed.
Today, people are too distracted to pay attention to what they are saying, even as the words are coming out of their mouths; forget about them paying attention to what you are saying. The only way to be sure that someone knows what you promised to do and what you did not promise to do is with a written contract. This way, you and the other party, together or separately, can read it when the TV is on mute and the notifications on your phone are silenced. You may find that your disagreement is all a misunderstanding, or you may find that one person broke a promise that they cannot deny that they made.
Outside the context of business contracts, when someone breaks a promise, the result is that you resolve not to be so naïve next time in believing what people say. If business contracts are involved, though, you may have grounds for a breach of contract lawsuit. The HKM lawyers in Huntsville are adept at breach of contracts and will help you resolve disputes arising from broken promises in employment contracts.
The Legal Significance of an Employment Contract
Breach of contract disputes can occur between any two parties that have signed a written contract together. For example, the parties may be a buyer and a seller, a law firm and a client, or an employer and an employee. Most employees do not have employment contracts and are instead employed on an at-will basis, so if you have an employment contract, count your blessings.
Even if you do not have an employment contract, federal and state employment laws still protect you. For example, you are still entitled to a fair wage and, when applicable, to overtime pay. You have the right to take an unpaid leave of absence for medical or family caregiving reasons, and you have the right to reasonable accommodations at work if you have a temporary or permanent disability.
The law does not automatically entitle you to keep your job until a certain date, though. Likewise, paid time off, whether for vacation or family leave, is a perk for the lucky few, and so are end-of-year bonuses and the use of an employer-provided vehicle. The only way to prove that your employer promised to give you those things is if you have an employment contract. Without an employment contract, your employer can give and take away their generosity at will.
Examples of Breach of Contract Disputes
Under the legal concept of breach of contract, “breach” means “break” and “contract” means “promise.” An employment contract is a set of promises about what the employer and employee will and will not do. If one of the parties does not do something that the contract specifies that they must do, then the other party has the right to file a breach of contract lawsuit. In some breach of contract lawsuits, the employee is the plaintiff and the employer is the defendant, but in others, it is the employer that sues the employee.
These are some reasons that breach of contract disputes might arise:
- The contract promises that the job will last for a year, but the employee quits before the year has ended
- The employer does not pay the employee as much as the contract indicates, even though the employer pays more than the legal minimum wage
- The employer does not provide the equipment that the contract indicates, making it impossible for the employee to complete his or her work projects on time
- The employee reveals confidential information to third parties, thereby violating non-compete provisions in the contract
What You Must Prove in a Breach of Contract Claim
Breach of contract lawsuits falls under the category of tort law, which involves disputes where one party allegedly caused the other party to suffer financial losses or some other harm but did not commit a crime. The plaintiff seeks to persuade the court to order the defendant to pay damages to reimburse the plaintiff for the losses the plaintiff suffered because of the defendant’s actions or inaction.
To prevail in a breach of contract lawsuit against your employer, you must prove that the following claims are true:
- You and your employer signed a legally valid contract
- Your employer broke one or more of the promises in the contract, but you kept your promises except where the employer’s non-performance of contractual duties prevented you from doing so
- You suffered financial losses because of the employer’s breach of contract
- Before filing the lawsuit, you attempted to repair the breach pursuant to the dispute resolution clauses, if any, in the employment contract
You Cannot Legally Make Someone Promise to Do the Impossible
The more detailed your employment contract, the better. Some employment contracts include force majeure events, which protect the parties from breach of contract liability if and when force majeure events occur. A force majeure event is a majorly disruptive event that is beyond the control of the parties to the contract and prevents them, and many other people, from performing their contractual obligations. Examples of force majeure events include natural disasters, wars, pandemics, and widespread shortages of materials.
You Cannot Legally Make Someone Promise to Break the Law
You can only win a breach of contract lawsuit if the contract is legally valid. A contract can only be legally valid if the promises that the parties are agreeing to are legal. For example, if your contract says that you will sell the employer’s MDMA and the employer will pay you a certain amount of money per pill, this contract is not legally valid.
Lawyer for Breach of Contract
The employment lawyers at HKM Employment Attorneys, LLP, can help you if your employer breaches your employment contract. Contact our legal team in Huntsville, Alabama, to set up a consultation.
