You may recall signing a lengthy, detailed contract at the start of your employment at a company. Recently, you may have experienced an unexpected work event, such as a failure to receive your usual pay or benefits, or worse, an outright termination. This may force you to circle back to your signed contract and decipher whether your employer committed a violation. Well, for this, please continue reading to learn what you should do after a breach of contract and how an experienced employment agreement attorney in Gloucester County NJ, at The Vigilante Law Firm, P.C., can help you exercise your legal rights.
What are my rights if my employment contract is breached?
Simply put, if you believe your employer breached their end of your employment contract, you may have a legal right to pursue a civil lawsuit against them. Specifically, you may seek to recover your incurred damages as a result of this breach, such as your lost wages, lost employment benefits (i.e., annual bonuses, retirement plans, health insurance plans, etc), and other financial losses.
For example purposes, say that the breach of contract at hand is the termination of your employment. Well, when pursuing a legal claim, it may help your case if you can prove to the civil court that you are actively attempting to mitigate your incurred damages. That is, if you have been seeking comparable employment since. This is not to mention the obvious, which is to show that a valid employment contract existed in the first place. It is better for your case if this agreement were a written one, rather than implied or verbal.
Understandably, you may be hesitant to pursue a breach of contract claim over your termination, given that New Jersey is an at-will employment state. This law holds that employers may fire employees for any reason or no reason at all, so long as it is legal. However, a valid employment contract may supersede this law and thereby make it unlawful for your employer to end your employment without reasonable cause before the agreed-upon end of your fixed term.
Why should I seek legal representation after a breach of contract?
For any consideration of legal action against your employer, having a lawyer in your corner is absolutely necessary. But when it comes to your breach of contract claim, it is best to have your legal representation read through your employment agreement thoroughly before any further initiatives are taken. This is because, for one, they may confirm whether you have grounds to sue in the first place.
Also, they may identify a clause within this agreement that states your employer’s offered alternative means of dispute resolution. And so, they may work on your behalf to negotiate, mediate, or arbitrate this issue without making you set foot into a courtroom.
If you need help with executing this, do not be afraid to reach out to one of the skilled New Jersey employment lawyers. Our team at The Vigilante Law Firm, P.C., is more than capable and eager to assist you in your upcoming legal proceedings.
