Facts on Breach of Employment Contract
Today, individuals work hard in order to meet every day’s financial needs. It is hard to find a job wherein you will be able to apply your skills and get enough compensation for it. Naturally, once you find a job, employment contracts are necessary to protect your rights, as well as your employer's interest.
However, there are times when the things agreed upon in the contract, by you and you and your employer are not done or violated. This is known as breach of employment contract.
A breach of employment contract occurs when the terms and conditions of the employment law, which includes working regulations that was agreed upon by an employer and employee is infringed or violated.
Here are some instances when a breach of employment contract occurs:
• when harassment occurs
• when the salary of the employee is not paid by the employer
• when the employee's job or terms of employment law is changed
• when there are false allegations of misconduct between the employer and employee
Things to Look For in Your Employment Contract
Generally, an employment contract states the conditions of the employment. The following are the elements that should be considered and looked for in an employment contract:
• nature your duties which includes, specific and general responsibilities and performance of duties which includes:
• job description
• to whom you will report to
• details regarding your compensation
• stock limitations and options sale of the issuer's company stock
• grounds for termination which are:
• inability to perform duties
• violation of responsibility
• low company profits
• company reorganization
• a non-compete clause
• fringe benefits
• conditions for paying other bonuses
• signing bonus
• when will you start to work
• ownership of intellectual property
Forms of Contract In every company, there is a contract of employment given to their employees. Contracts given come in several forms including:
• Implied Contracts- Implied contracts are contracts wherein certain forms are not put into words. It can be implied or a fact in law. Contracts which are implied are contracts wherein circumstances imply that both parties have come to an agreement even if they have not done it expressly.
• Written contracts- Written contracts are necessary, useful, and significant in making sure that both parties will do or perform all agreed and expected tasks written under the contract.
• Oral Contracts- Oral contracts are contracts wherein the terms have been agreed upon by both parties through spoken communication, in contrast to written contracts, wherein the contract is a document that is written. There may be physical or written evidence of oral contracts. An example of such is when both parties have written down the things they have agreed upon, but the actual contract is not written.
Employees and Employers: Both accountable in Breach of Employment Contract
Both employees and employers should always remember that they are working under a contract of employment law. Breach of employment contract is actionable and enforceable under the law, like other kinds of breaches of contracts. A branch of employment law will enable the aggrieved party to file a claim when unfair or unjust actions happen in a workplace.
To help you with employment issues such as breach of contract, you can consult with our experienced Los Angeles attorney. You can visit our website to avail of our free case evaluation.
About the Author
Jan Camille has fascination for reading and writing. She finished AB Journalism in one of the famous universities. She aims to pursue a degree in law and at the same time continue to write. She wants to inspire others through her writings because she believes that writing is an instrument that can touch other people’s minds and hearts.
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