What to do if your employer violates your employment contract

On Behalf of | May 27, 2024 | Employment Law |

Employment contracts protect both employees and employers by outlining the terms of employment. These contracts often include details about job responsibilities, salary, benefits, and other essential conditions. When employers violate these terms, it can create significant challenges for employees. Understanding your rights and knowing what steps to take can help you address these issues effectively.

Identify the breach

The first step is to identify how your employer has violated the contract. Common breaches include non-payment of agreed salary, not providing promised benefits, changing job duties without consent, or wrongful termination. Review your contract carefully and compare it with your current employment situation to pinpoint the exact violations.

Document everything

Keep detailed records of all instances related to the contract breach. Save emails, memos, pay stubs, and any other relevant documents. Write down dates, times, and descriptions of conversations or events related to the breach. Documentation will be crucial in supporting your case if you need to escalate the matter.

Communicate with your employer

Approach your employer to discuss the issue. Sometimes, breaches occur due to misunderstandings or administrative errors. Clearly explain how you believe the employer has violated the contract and provide evidence to support your claims. Aim for a constructive conversation to resolve the issue amicably. Communication can often lead to a quick and satisfactory resolution.

Use internal resources

If direct communication does not resolve the issue, use your company’s internal resources. This might include speaking with a human resources representative or filing a formal complaint through your company’s grievance procedure. Internal processes can provide a structured way to address and resolve contract violations.

Consider mediation

Mediation involves a neutral third party who helps both sides reach an agreement. Mediation can be a less formal and less confrontational way to resolve disputes. It encourages open communication and can lead to a mutually acceptable solution without escalating the conflict further.

If your Delaware employer violates your employment contract, take proactive steps to address the issue. Taking these steps can help you protect your rights and resolve the situation effectively.