An employment contract is a legal document that employees enter into before beginning work for a company. It is common practice for executives, managers, and other groups of employees to be required to sign an employment contract. Employment contracts set forth important guidelines for the employer-employee relationship. When an employer fails to follow through on its responsibilities under the employment contract, the employee may have a right to bring a breach of contract claim.
New York Attorneys Holding Employers Accountable for Breach of Contract Practices
If you are an employee in New Paltz, New York, and you believe your employer has breached your employment contract, it is important that you speak to an experienced attorney. HKM Employment Attorneys can advise you of your legal rights. If you have a valid breach of contract claim, we can help you pursue the conversation and remedies you deserve. We also help employees and employers negotiate and draft well-written, fair contracts. Contact HKM Employment Attorneys to learn more about how we can fight for your rights.
What is a Breach of Contract?
A breach of contract happens when one or both parties violate the terms and conditions of a contract. Employment contracts state the responsibilities and benefits of an employer and an employee in a working relationship. The contract should include the following:
- The position held and job duties
- The duration of employment
- The employee’s compensation and benefits include salary, commissions, bonuses, stocks, stock options, and other incentive compensation.
Employment contracts can also include grounds for termination, trade secret protection, restrictions on post-employment activities, and severance pay.
What are the Most Common Types of Employment Contracts?
At HKM Employment Attorneys, we draft, negotiate, and review a wide range of employment contracts, including:
- Non-compete agreements
- Non-solicitation agreements
- Trade Secret Agreements
- Confidentiality agreements
- Employment contracts
There is always the potential that the employer will fail to act in a way that complies with one or more of these employment contracts.
New York Breach of Contract Cases Involving Compensation
Many breaches of contract cases involve a violation of the employment agreement in terms of employee compensation. For example, an employment contract may specify that an employee is entitled to a certain amount of stock yearly. If the employer fails to provide the stock on time and in the quantity stated in the contract, the employee will likely have a valid claim for breach of contract. When employers deviate from the provisions in the contract related to an employee’s compensation structure, salary, bonuses, and stock options, it is important that the employee reach out to an attorney.
Breach of Contract Cases for Wrongful Termination in New York
Many employment contracts set forth valid reasons for an employer to fire an employee. New York is considered an at-will employment state, meaning an employer may terminate an employee without just cause. However, most employment contracts limit the justified reasons for firing an employee. They play specific guidelines on the types of actions or factors that can result in employee employment termination.
If you have been terminated for reasons other than those specifically designated in your employment contract, you may have the right to pursue a breach of contract claim for wrongful termination. Additionally, if you were terminated in violation of state or federal employment laws prohibiting discrimination and retaliation, you may have a right to bring a claim against your employer.
Contract Disputes Over Paid Absences
Employment contracts should also set forth an employee’s vacation days. Specifically, the employment agreement should address the amount of vacation, sick leave, and medical leave to which an employee is entitled. If your employer does not offer you pay to leave outlined within your employment agreement, you may have a valid course for legal action.
The Appropriate Remedy for a Contract Breach
You can begin pursuing a claim as long as the contract you signed is legal and enforceable and you have evidence showing that your employer has breached the contract. The damages in your case may be nominal and not worth pursuing in court. In other cases, a breach of contract and an employment lawsuit is worth litigating. For example, suppose the breach of contract in wrongful termination caused you to lose your salary and future job prospects. In that case, working with an attorney to recover your front and back pay, legal fees and costs, and other expenses can be worth it. If you want to learn whether pursuing an illegal claim is in your interest, HKM Employment Attorneys are here to help.
The Benefits of Having an Attorney Review Your Employment Agreement
If you were asked to sign any of these employment agreements, whether to be hired or keep the job you already have, we encourage you to discuss the contract with the New York employment attorney. An employment attorney can explain the restrictions your employer is trying to place on you and potentially negotiate with the employer to reduce these restrictions. Even if you feel pressured by your employer to sign the contract right away, it is smart to take time and meet with an attorney to review the contract.
In many cases, employers are willing to negotiate. Suppose you are already involved in a contract dispute with a former or current employer. In that case, we can protect your rights and try to resolve the dispute that benefits you and your interest. When a contract dispute proceeds to litigation, our trial-ready attorneys are here to help by representing clients in court.
Schedule a Case Evaluation with a Skilled Employment Attorney
HKM Employment Attorneys have a proven track record of representing New York clients in various employment contract disputes. Whether you would like us to review a contract your employer is asking you to sign or you have been accused of a breach of contract, we are here to help. We also know how to hold employers accountable for violating an employee’s contract. We have the resources, skills, and experience needed to fight for our clients’ best possible outcome. Contact the New Paltz, New York, HKM Employment Attorneys to schedule an initial consultation.
