When you sign your name to a contract, you are agreeing to be bound by the terms and conditions of that agreement. That same requirement extends to your employers when they ask you to sign an employment contract. If your employers commit a breach of the agreement, you have the right to hold them accountable.
Video on Breach of Contracts with Attorney Daniel Kalish
What is an Employment Contract?
Under the Kansas Statutes, we are an ‘at will’ employment state. This means an employer can fire you or terminate the relationship at any time and for any reason, or even for no reason. However, entering into an employment contract can offer some protections.
This is an agreement between you and your employer which guides the relationship, making sure no one is cheated. What makes it a contract is that the courts are able to enforce it. Some of the issues an employment contract should address include:
- The name, contact information, and identification information of the parties.
- The nature and purpose of the employment
- The details of wage payment.
- Any benefits that may be available to the worker.
- Information on promotions and advancements.
- The length of the employment arrangement.
- The procedures you should take for retirement or termination of the employment arrangement.
In many instances, employers use standard employment contracts if they are dealing with a large number of prospective employees. You should make sure you go through an employment contract before you put pen to paper; who knows what may be neatly hidden in the fine print?
Breach of Contract
The contract agreement puts responsibilities on both sides of the agreement. So, a breach of contract will occur when either the employer or employee fails to fulfill their obligations under the contract.
This can happen if the employer refuses to pay wages the way it is stated in the employment contract. It can also happen when the employer terminates the employment contrary to the provisions of the contract.
On the other hand, an employee can breach the contract if he or she seeks employment elsewhere before the terms of the other contract expire. Another example is if the employee discloses private company information without adequate authorization. It is the responsibility of your employer to honor the contract between the two of you.
In the event of a breach of contract, it is your sole duty to take proper legal action.
What to do When Your Contract is Breached
If you suffer or suspect that there is a breach of contract, you should take the following steps:
- Check the employment agreement and ensure the breached terms are there.
- Take the contract to your employer and try to resolve the case.
- Get in touch with a lawyer who will examine the agreement to determine if there is any breach of contract.
- Try to resolve the issue through mediation or arbitration.
- If all the above fails to resolve the issue, take legal action against your employer in order to get compensation for any loss you might have suffered.
Your employment contract is the bedrock of your employment relationship with your employer. If you believe your employment contract was violated, take all necessary steps to enforce your legal rights, including retaining an attorney. Even if a certain action does not violate your employment contract, it may not comply with other Kansas workplace law and regulations.
Have Questions About Your Employment Contract? Speak to an Experienced Kansas City Employment Lawyer Today
Taking legal action against your employer can be intimidating and overwhelming. HKM Employment Attorneys are here to help. Our team of experienced and skilled Kansas City employment attorneys understand the law and how to make sure it works for you. We are committed to representing employees in a serious and professional fashion.