When you are hired, you and your employer have an agreement regarding how much you will be paid and the other specific details of your employment. You will want this to be put in writing, and that will be your employment contract. It will detail your rate of pay, your benefits, your schedule, your job description, and other details about your employment. If your employer doesn’t stick by the agreement, then they are violating the employment contract.
Always maintain thorough records and documentation so you can prove what happened, that the agreement or contract wasn’t kept, and that you were not given the compensation and/or benefits that you were supposed to receive as part of the agreement with your employer. Recordkeeping and documentation are essential to the overall success of your employment law claim for violating an employment contract.
Employment At Will
You may have heard reference being made to employment at will. This means that an employee can be terminated at any time without any reason, explanation, or warning. It also means that an employee can quit his or her job at any time for any reason – or they can quit without reason. At-will employment has grown in popularity but involves a great deal of flexibility for both the employee and the employer.
As an example, employers can change the terms of employment, such as benefit plans, wages, and paid time off without there being consequences and without having to notify the employees in advance. This also means that employees can change jobs if they choose to do so, and they aren’t required to give notice but it is generally best to provide a two weeks’ notice regardless of the legal requirements so you can protect your reputation with any future employers.
Many employers provide an employment contract. When you are hired on, they will reach an agreement with you regarding your pay, your benefits, your job responsibilities, and so forth. You will want to make sure that you have all this in writing. You should always have documentation that lays out how you are getting paid and how long you will be paid for. This should indicate if you are paid hourly and receive overtime for working more than 40 hours per week, or if you are on salary and how many hours per week are covered by your flat rate.
You should be sure to keep track of your time. Keep a timesheet or copy your timecards so you will be able to confirm how much you worked and when. You will want to make sure you match it up with your paystubs. This will be able to tell you if you if you are being paid as you are supposed to be. If you find discrepancies between your paycheck and your actual hours worked, you should speak with someone in your company’s human resources department.
Give your employer a chance to fix the problem and to pay you what is owed. If they don’t take care of the issue, then you should consult with an employment law attorney who is licensed to handle employment contract violations in your state. The attorney will gather supporting evidence and documentation then determine the best way to proceed with your claim against your employer.
Contact An Employment Law Attorney
If your employer has violated the employment contract, you can pursue a claim against them. You should enlist the help of an employment law attorney who is licensed to handle such cases in your state. With the help of a lawyer, the chances of a successful claim increase greatly. Many employment law attorneys work on a contingency basis, so they aren’t paid until you win your case. However, not all lawyers use that approach. Be sure to understand your attorney’s policies and payment approach when you retain their services.
There is a statute of limitations, or a limited time, to pursue a claim against an employer for violating the employment contract. If you wait too long, you will not be able to recover your damages. Complete the Free Case Evaluation Form on this page today so an attorney who is licensed in your state can review the details of your case and determine the best way to proceed with your claim against your employer. That way, you can focus on recovering the compensation that you are entitled to receive because of the breach of the employment contract or agreement.