When two parties sign a contract, they agree to all the terms outlined in the contract. A contract may be required in an employment situation. A contract may outline various aspects of employment, such as salary, job description, benefits, and time away from work. It may also include a non-compete clause or non-disclosure clause.
Whether you are an employee or employer, when you sign this contract, you agree to follow it and fulfill all your responsibilities. When one or both parties fail to uphold their end of the agreement, this is called a breach of contract.
Sometimes breaches of contract occur even without you realizing it. In other cases, they are intentional. In any case, there are remedies available for breaches of contract.
Before you sign an employment agreement, make sure you agree to everything outlined in the contract. Now is the time to negotiate on anything with which you do not agree. Once you sign the contract, you are legally obligated to abide by it and fulfill any responsibilities on your end.
An example of a breach would be if an employer promised you a certain salary and failed to pay you that rate. An employer would also be breaching the contract if they failed to offer you benefits or vacation time as agreed. If they fired you before the end date specified in your contract, that would also be a breach.
As an employee, you could be breaching your contract by not obeying a clause, such as a non-disclosure or non-compete clause. For example, if the agreement says you are not allowed to disclose trade secrets, then you must avoid doing so. If the agreement states that you cannot obtain employment with a competitor, then you cannot do so or you could be fired.
When a breach occurs, there are some steps you should take before pursuing legal action. The first step is to check the original agreement to double-check that a breach did, in fact occur. Look closely at the terms upon which both you and your employer signed and agreed.
If there appears to be a breach, discuss the issue with your employer. In some cases, breaches are unintentional, so your employer may be unaware that anything even happened. You may be able to resolve the issue on your own.
If not, your next step is to follow any steps outlined in the agreement. For example, you may be ordered to resolve your issue through mediation or arbitration.
If your issue still cannot be resolved, you may need to take legal action against your employer. This will allow you to be compensated for any damages caused by the breach. Your contract should also outline what would happen if a breach occurs.
It is important to understand your responsibilities in an employment agreement. A breach of contract can result in serious consequences.
If you or your employer has breached a contract, seek legal help from the Ohio employment lawyers at Marshall Forman & Schlein. We will help you understand your legal rights. Schedule a consultation today. Call (614) 463-9790 or fill out the online form.
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