When you enter into an employment contract, you enter into an agreement with your employer in which the terms of the employment are clearly established. Because this is something you agreed to before you began working for the employer, you may be able to enforce the terms of the contract if your employer violates them. However, you'll always want to get in contact with an employment attorney before you do so.
Why Contracts are Formed
Your employer is not required to enter into a contract with you when you begin employment but both you and your employer might prefer this if you run into a dispute while at work. However, you might find that a contract can also be inconvenient because it can make it more difficult to change your place of employment depending on the terms of the contract.
A Breach of Contract
When any of the terms of the contract are broken, you may be able to argue that there was a breach of contract. However, it is easier if the breach is against specific terms which is why having your contract reviewed by an employment attorney is a good idea before signing. However, an attorney may still be able to craft an effective argument as to why the terms of your contract were still breached.
Contracts that are the most likely to be enforced are written contracts. Therefore, if you are discussing something with your employer and they decide that they would like to enter into a verbal contract, insist on a written one instead and have it reviewed by an employment attorney. Write down every term even if you believe it isn't necessary to do so just to be safe.
How to Respond
When you believe that your contract has been breached, read over a copy of the contract to make sure. If you still aren't certain, have your contract read over by an employment attorney. Then, try to determine if it is possible to resolve the problem with your employer. Taking your contract case to court can be very expensive and there is no guarantee that you will win.
Unfortunately, some contracts might have loopholes that your employer can try to exploit. Therefore, it is important to always understand what you are signing before you sign it. However, if your contract is considered to be unfair, the courts might choose to rule in your favor especially if your employment attorney makes a fantastic case.
For more information, contact a local employment lawyer.