Employer Breach of Contract—Efficient Solutions
A breach of contract is not to be taken lightly no matter the type of contract, but it doesn’t have to be a disaster if you take appropriate action. If you are dealing with an employer breach of contract, DoNotPay can explain how to resolve the issue efficiently. We also help you create a breach-of-contract demand letter and file a lawsuit if necessary.
An employment agreement is a contract made between an employer and an employee. It includes the following terms and conditions of employment:
- Pay rate
- Job procedures
- Overtime requirements
- Duration of the employment term
- Termination requirements
- Vacation and leave rules
- Non-compete or non-disclosure agreements
The breach of an employment contract happens when one party fails to fulfill their duties in accordance with the contract terms for whatever reason. Both the employee and the employer may be held liable for a breach of contract.
A common employee breach of contract occurs when they seek employment elsewhere before their contract term is up.
An employer can breach the contract in numerous ways, but the most common ones involve:
- Failing to pay wages as stated in the contract
- Denying the employee benefits they are entitled to
- Firing the employee in a way that violates the agreement
Depending on the situation and the violated terms, there are several types of employment contract breaches. Additional details are available in the table below:
|Type of Breach of Contract||Brief Explanation|
|Material breach of contract||Results in significant harm for the non-breaching party|
|Non-material breach of contract||Implies that a partial violation occurred that may not cause major losses to the non-breaching party|
|Anticipatory breach of contract||Occurs when it is clear one of the parties will not be able to fulfill their end of the deal|
When the breach-of-contract occurs, you will need to prove the breach-of-contract elements and the effects the violation had on you. You should also contact the breaching party by sending a demand letter and let them know that they have violated the contract terms.
This legal document should also contain information on how you intend to solve the dispute. It is a sensitive legal document you must draft with care. Although hiring a lawyer to draw it up is your safest bet, the costs can be enormous. The easiest way to get a properly written breach-of-contract demand letter without spending a fortune is with DoNotPay!
Using DoNotPay is the most efficient way of creating a demand letter. Our app will draw up a legal document tailored to your specific case, unlike generic demand letter templates that are often too vague and consequently unreliable. We will include all the relevant information, and you only need to:
- Sign up for DoNotPay
- Select our Client Breach of Contract product
- Give us requisite details about the client and the contract you made
- Include a payment deadline for the client
- Upload photographic evidence (if you have it)
Check out our state-specific demand letter guides in the following table:
|South Carolina||North Carolina||Florida|
Available remedies for the employer contract violations depend on the agreement type and the nature of the breach. Considering your particular case, the court is most likely to grant the following monetary damages:
- Liquidated damages—They state a specific amount of money that one party must pay if a breach occurs. Liquidated damages are used when the losses are hard to determine
- Expectation damages—This type of compensation should cover what the employee was expected to receive if the contract had not been breached
- Attorney fees—They can only be awarded if the contract states that the employer must pay these fees in the case of violation
You can sue the employer for breach of contract if you meet the requirements. The judge will look for the following:
- Whether the contract is valid
- What requirements are listed in the contract
- If the breach was material
- If any changes were made
- What losses the violation caused
If the employer does not respond to your demand letter appropriately, you have the right to sue them. DoNotPay, honored with the Louis M. Brown Award for Legal Access in 2020, can help you take the violating party to small claims court.
We assist in:
- Creating a script for you to use during the court hearing
- Collecting all the necessary papers for you
- Completing all the forms
- Filing the complaint on your behalf
The employer will do everything in their power to fight you, but we have the necessary information, so you can get ready for their defenses and prepare counterarguments.
Navigating numerous business procedures can be overwhelming, especially if you don’t have much experience. DoNotPay strives to make the situation easier for business owners, which is why we offer a number of simple-to-use products that can help you take care of various processes, including DMCA agent and Employer Identification Number registration, Privacy Shield program self-certification, and trademark registration and protection.
If you are not sure how to manage the filing of 83(b) election forms, DoNotPay has a solution that will automate the entire process and help you save time. Our app can even generate a convincing small business loan request letter for you. Don’t feel like walking or driving to the post office to send the letter? Use DoNotPay to fax or mail any document in a matter of clicks!
If you need help handling unpleasant situations with your clients, you can rely on DoNotPay. We have created various products to assist you in:
- Making sure your business is free of negative, illegitimate online reviews—DoNotPay will analyze the review in question, estimate the best reason for reporting it, and report the review until it is deleted
- Dealing with clients who breach the contract and refuse to pay—We will generate and send a demand letter requesting what’s rightfully yours
- Fighting unjustified chargebacks—Our app will create a personalized chargeback rebuttal document to help you keep your revenue
Resolve various business issues without wasting time or money—DoNotPay has got your back!