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Common Employment Contract Breaches

Signing an employment contract is a common part of starting a new job. Often, we might think of employment contracts as being an outline of what our employers expect of us. However, employment contracts typically aren’t one-sided. Your employer also needs to agree to the terms and conditions of your employment and what they’ve said they would provide to you. Because of this, it’s possible that an employer may breach an employment contract if they fail to follow through on their promises.

When you sign a legally binding contract, you deserve to have the other party hold up their end. Everyone’s employment contract varies, and employers can breach these contracts in various ways. Here are a few common examples of employment contract breaches that can occur.

Wage Issues

Your pay was likely a major consideration when taking a new job. Seeing how you’ll be compensated for your work written out on your employment contract can help you feel at ease knowing that this is what you’ll receive. In addition to wages, your employment contract likely includes what benefits you’re entitled to, such as paid time off and health insurance. However, employees lose millions in wage theft each year. Employers might not pay their employees the wages they promised, the commission they earned, overtime pay for additional hours, and more. If you and your employer agreed to certain terms and conditions regarding your wages and now you’re not being paid fairly, you may have a breached employment contract.

Wrongful Termination

Most employees in New York City have at-will employment, meaning that they can be fired at any time, even without cause. However, some employment contracts may provide more protections for employees regarding how they can be terminated. While New York is an at-will employment state, some employment contracts may state that an employee needs just cause to be terminated. Some employment contracts may also state that an employee will work with the company for a set amount of time or must be given warning before being terminated. Because of this, some employees may be wrongfully terminated if it goes against their employment contract.

Severance Pay

Employers aren’t required to give severance pay in the event that an employee is terminated, but many choose to. Severance pay is likely not something on the top of your mind when signing a new employment contract, but it could be extremely important later on. In some cases, your employment contract may detail what severance pay you’ll be entitled to if your employment is ever terminated. Severance pay is often one week of pay for every year you’re with the company, but this can vary. If you’ve been terminated and your employer refuses to provide severance pay that was promised in your contract, you may be experiencing a breach of your employment contract.

Hold Your Employer Accountable with Bantle & Levy

All employees are entitled to certain rights under federal, state, and local laws, but your contract may expand your rights even further. Employment contracts are legally binding documents, and you deserve to get what you were promised. At Bantle & Levy, we want to see that your employee rights are protected and can help negotiate the terms and conditions of your contract and assist if it’s breached by your employer.

Contact Bantle & Levy today for help with employment contracts.

Bantle & Levy

Lee Bantle is a partner at Bantle & Levy LLP. He has extensive legal expertise, admitted to the bars of the U.S. District Court and the U.S. Court of Appeals. With a distinguished academic background and clerkship experience, he has been recognized as a top-rated civil rights attorney and esteemed lawyer. In addition to his successful career, he has actively contributed to various legal organizations and serves as a faculty member for NYU's Annual Workshop on Employment Law for Federal Judges.

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