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Law Offices of Dan A. Atkerson

How to Handle a Breach Of Employment Contract

A breach of employment contract happens when either of the parties, employee or employer, breaks any provision of an employment contract. As Texas is an at-will employment state, the first important issue is whether an employment contract existed. If so, you must determine whether the contract was explicit or implicit. A contract for employment in Texas may be explicit if it is in writing and signed by all parties. It is also possible to have an implied employment contract as the result of a verbal agreement.

Failure to fulfill the agreed-upon terms included in an employment contract without lawful reasons by an employer or employee may result in a breach of employment contract.

Allen, TX, employment attorney Dan A. Atkerson has been practicing employment law for more than 32 years and can review your case to determine whether you have legal options. To learn more, schedule a no-obligation consultation today.

Explaining Implied vs Written Agreements

It is important to note that employees and employers alike have the right to file a breach of contract lawsuit in the event of a breach of employment contract. According to federal and Texas employment laws, written employment contracts are legally binding and enforceable in Texas courts. Emails, faxes, company bulletin postings, offer letters, and employee handbooks all have the potential to constitute written agreements by the court.

Potential to Written Agreements


Emails or Faxes

Bulletin Postings

Offer Letters

Employee Handbooks

However, Texas employment contracts created inadvertently through means other than traditional written forms cause confusion. These are the situations more likely to lead to a breach of contract lawsuit. Generally referred to as “implied,” these employment agreements are mutually understood rather than expressly written down.

What Does a Texas Employment Contract Contain?

Under employment law, an employer and employee have the option to enter into a contract to define the parameters of their business relationship. Some of the details commonly outlined in an employment contract include:

  • Rate of pay
  • Work schedule
  • Responsibilities and daily tasks
  • Work location
  • Term of employment
  • Benefits, including retirement plans and options
  • Sick and/or vacation time
  • Circumstances constituting termination

Failure to fulfill the agreed-upon terms included in an employment contract without lawful reasons by an employer or employee may result in a breach of employment contract. It is important to maintain proper documentation, which can be used to strengthen your case. 

Do I Have a Claim?

Our breach of employment contract attorney handles claims involving material, anticipatory, fundamental and minor breaches of contracts in employment law claims. If you believe you have a breach of employment contract case, contact Dallas employment attorney Dan A. Atkerson. Our employment lawyer can help you determine your ability to hold the other party accountable in a credible breach of employment law case, including a free determination of whether the contract existed, the financial losses, whether the employment contract was broken and if the other party is responsible for the breach.

Schedule Your Consultation

With his extensive knowledge of employment law, Mr. Atkerson can prove an invaluable to the success of your case. Schedule a free attorney consultation online or call (214) 383-3606 to learn the about benefits of retaining our employment attorney for your breach of employment contract lawsuit.

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