Breach of Employment Contract Allen, TX
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Protecting Your Rights at Work
Employees generally have documentation of their employment relationship with an employer. This may include an offer letter, or it may even include a formal written employment agreement. The Law Offices of Dan A. Atkerson can assess your legal rights under these contracts.
Do you believe that your employer has wrongfully breached an employment contract? A dispute like this can be difficult to prove on your own, but a knowledgeable employment lawyer like Dan Atkerson can provide the answers you need.
Mr. Atkerson has been serving employees in Allen and throughout North Texas for over 38 years. In that time, he has helped many clients obtain the results they need both in and out of the courtroom.
To talk to Mr. Atkerson about your case, request a consultation online or call our employment lawyer in Allen, TX:
“I am extremely grateful for the exceptional legal representation I received from Dan Atkerson. His professionalism, expertise, and case dedication exceeded all expectations. Dan is extremely fluent in employment law, which gave me complete confidence in his counsel and advocacy. He guided me through the process with clarity, kept communication open and responsive, and delivered an outstanding outcome. I could not be more satisfied with his services and highly recommend him to anyone in need of a knowledgeable and best in the legal industry and compassionate attorney.”
— Peaceful Lifestyle, 5-Star Review
What Is a Breach of Contract?
Legally, a breach of an employee contract occurs when an employer or employee fails to live up to the obligations specified by the contract between them. These contracts are most often written, but remain legally valid whether they are verbal or implied. Your employment contract will specify your job duties and the wages you are entitled to receive in exchange for performing your job. It may also describe additional details about your employment, such as:
- Vacation and Time-Off Policy
- Filing Grievances or Complaints
- Health & Other Benefits
- Duration of Employment
Can I File a Lawsuit?
Both you and your employer are expected to adhere to the terms of your contract. Depending upon the type of job you have or the type of employee you are as defined by the agreement, your employment contract might also include provisions specific to your industry. If your employer fails to compensate you as outlined, does not provide the specified benefits, or takes any action in violation of the terms of your employment agreement, you are entitled to file a lawsuit for breach of contract.
How to Pursue Your Employment Dispute Case
Contact an Attorney
If you believe your contractual rights have been breached or violated by your employer, you should call our qualified attorney in Allen as soon as possible.
Compile Necessary Evidence and Documents
Obtain a copy of the agreement as well as any documentation that demonstrates how the agreement was broken.
What Documents Should I Gather?
To present a valid case, you must have evidence of this breach, such as witness testimony and documentation. Common examples include email traffic, copies of the company handbook, and written reports from your human resources department. It is also possible to prove your case by providing any notes you have made to document violations of the contract, copies of your paycheck or other proof of wages, or anything else you believe might help prove that the agreement was violated.
You Could Be Entitled to Compensation
If your employer has broken your employment contract, you may have the right to collect financial compensation or "damages." Damages are intended to compensate you for the financial losses caused by the contract breach. There are several reasons why you need a lawyer to recover damages. A lawyer can evaluate your case and let you know what you can expect to collect in damages.
Unfortunately, there is a strict limit to the financial compensation you can win in a breach of contract case. However, depending on the circumstances of your cases, you may also be able to file a discrimination or wrongful termination lawsuit, which can help further cover money you may have lost as a result of the breach of contract.
The specific types of damages you are entitled to receive will depend upon your specific circumstances. To find out what you can do if your employment contract has been breached or how to handle an employment law dispute, call our team serving Allen today.
Types of Restitution
Every case is unique, so the damages available will vary depending upon the specific facts of your case. Our lawyers strive to give you individualized attention, but there are some common threads that can be seen running throughout many breach of employment contract cases. For example, most cases include a demand for the following damages:
This type of compensation may include omitted bonus pay or repayment for salary that was withheld. In some instances, the employer may have to “buy out” the employee’s contract. In other words, if the contract specified that the employee must work for a certain time period and receive a certain amount of payment, the employer may have to pay the entire amount set forth in the contract, regardless of whether the employee worked for that entire amount of time.
In legal terms, "specific performance" refers to any duties a party has agreed to do as part of a contract. As an example, an employment contract may specify that an employer will hire an employee for a full year, or that an employee must perform a specific job task. If an employer fails to fulfill any specific performance that was made part of the agreement, the courts will typically award damages to the employee rather than force the employer to follow through.
Working Toward a Fair Settlement
It is important to remember that in these cases, both employer and employee may have contentions with the employment contract between them. As a result, the best resolution is usually some form of compromise between everyone involved, resulting in a final outcome in which some give and take on both sides is needed. You will need to be flexible in your expectations. Our job is to protect your interests and advocate for an outcome that meets your needs. We do this by listening to your story, outlining your options, and pursuing an appropriate remedy. You can depend on our firm serving Allen, TX, to uphold your rights throughout every step of pursuing the compensation you deserve, regardless of whether this occurs in or out of the courtroom.
“What I appreciate most about Dan is his commitment to doing what’s right. He doesn’t back down when it comes to holding people accountable, and he fights for his clients with passion and integrity. If you need a lawyer who truly knows his stuff and will stand by you every step of the way, Dan is the one you want in your corner.” -Mary, 5-Star Review
