What To Do If An Employer Breach An Employment Contract? Get Legal Help

April 23, 2021    employmentlawyersblog   
What To Do If An Employer Breach An Employment Contract? Get Legal Help

Employment contracts are made between an employee and employer. These contracts also come with trade clauses, which restricts employees from engaging themselves in several conducts that affect the business. The employment contracts are legally binding agreements, and you might consequences if you breach them. But there are many people out there who do not realize how severe the consequences are when an employee or an employer breaches the employment contract. So, if an employee believes that their employer has breached the employment contract, it’s highly recommended that they speak with a professional lawyer. 

Employment Contract: What To Do If An Employer Breaches It?

Individuals who are dismissed by their boss without being notified or did not receive the bonus that they were promised, chances are that the employer has breached the contract. If such a situation takes place, one has the full right to make claims and sue their employer for breaching the contract. But before taking the step to sue the employer, individuals should check whether or not their contract was breached.

He/she must identify the precise contractual term, which they believe is been breached by the employer. Doing so will give them the power to sue their employer. Employees must contact their lawyer and gain more understanding about the breach of employment contract law and what can they do to fight for their rights as an employee. 

The situation can become pretty stressful when it comes to lawsuits. One should be well-prepared to handle a lot of stress if he/she wish to win against their employer. It might take a lot of time for the situation to resolve if the opposition wishes to put up a fight. But there is nothing to worry about when they have the trusted and reliable lawyers beside them.

The Penalties An Employer Will Face For Contract Breach

When an employer breaches the employment contract, he/she will face several penalties. Look below. 

  • Will be sued for the damage, which the employee in question has gone through.
  • All the contractual terms, which includes the restrains of trade clauses will become invalid. 
  • The employee will be eligible to terminate the contract with immediate effect without a penalty or a warning.
  • To make sure that such a situation does not take place, the employer must stick with the rules and regulations along with the terms of the employment contract.

Is There Any Limitation To Claiming The Damages?

In short, yes. When an individual has discovered that their employer has breached the contract, he/she must lodge their claim without wasting much time. Just like all the legal actions, individuals will have limited time within which they can sue. One must gain an excellent understanding of the time limits, which exist within your claim as it will help them obtain the best results. Individuals must also ensure all the causes of actions that are available. In every limited situation, employees will have around 21 days to lodge a claim. The employment law lawyers in Perth will provide employees with a detailed understanding of the time limitation and things they need to do beforehand. 

What Are An Employee’s Damages?

When it comes to breach of an employment contract, the standard remedy is pecuniary damages. This is where the court will make an order where one will receive compensation in the form of money for all the damages, he/she has faced or experienced. On certain occasions, individuals will receive an injunction, which will prevent their employer from terminating their employment. Remember, initiating legal measures will be a time-consuming process. Before they take help from the lawyers, it will be better to understand and weigh up the cost when it comes to litigation. Doing so will help them take the right step, which in return, will provide them with a positive outcome.

Reasons To Seek Help From Employment Lawyers

The employment lawyers Perth WA are the right individuals to look up to when the employment contract has been breached by the employer. They have the experience, knowledge and skills in handling such complex situations and point their client towards the correct path. All one needs to do is provide information on how exactly the contract was breached and submit the evidence if possible. The lawyers will review their case and will file put a case on behalf of them. They have helped many employees before and will offer their clients their assistance in such matters without any hesitation.

Parting Words

Employment contracts are pretty complicated legal documents, and whether you can file a lawsuit against your employer can be tough. When there is a breach in contract involved, and one doesn’t know what to do, it will be better to seek help from the best and reliable employment lawyers. They can provide individuals with the best options and guide and assist during such hard times. 

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