How to Fight Breach of Employment Contract as an Employee in New York, NY

If you think your New York-based employer breached your employment contract, it's essential to understand your rights and legal options.

What is a Breach of Employment Contract?

A breach of contract occurs when one party fails to meet their obligations under the terms of the agreement. For employment contracts, common breaches include:

• Failure to pay wages or benefits specified in the contract
• Wrongful termination that violates the stated contract period
• Failure to provide promised bonuses or commissions
• Asking the employee to perform duties not outlined in their contract
• Improperly modifying employment terms without agreement

If your employer has acted inconsistently with clear terms in your signed employment contract, you likely have a breach of contract claim.

Elements of a Breach of Employment Contract Claim

For employees to prevail in a breach of employment contract lawsuit, the following elements must be proven.

The existence of a valid, enforceable employment contract

This contract must contain identifiable terms and conditions of employment. Employees have the burden of providing a signed copy of the agreement.

The plaintiff performed their obligations under the contract

Employees must show that they complied with duties, responsibilities, and actions required by the contract.

The employer failed to fulfill contractual obligations

Proof must demonstrate how the employer's behaviors substantially violated or diverged from specific clauses in the written contract.

The employee suffered damages

Employees must prove they experienced financial/professional losses directly resulting from the employer's breach. Quantifiable damages can include unpaid wages, unreimbursed expenses, lack of benefits, etc.

Meeting these elements demonstrates that a binding contract was in place, the plaintiff employee performed his obligations, the defendant employer substantially breached without justification, and damages resulted due to the breach. This shows the plaintiff's entitlement to relief under the law. We can help gather the necessary evidence to prove each component.

Proving Your Employer Breached the Contract

For a breach of employment contract claim to succeed, evidence must clearly demonstrate that the employer failed to fulfill their obligations. We work to establish proof by:

• Obtaining a copy of the signed employment contract that shows the breached clauses
• Gathering emails, records, or correspondence that confirms the employer's violations
• Interviewing coworkers who witnessed relevant events or statements
• Requesting records that reveal wages, benefits, or other compensation was withheld
• Analyzing performance reports, attendance data, or other documents if wrongful termination is alleged
• Having employment experts review and verify improper conduct based on contract terms

We can request copies of company documents, take depositions, and compel testimony to build the strongest case. Our goal is to conclusively prove that the employer's actions towards you contradicted the provisions of the employment agreement. With sound legal representation and evidence, we can show the court that due to the contract breach, damages should be awarded.

Submitting Breach of Contract Claims

If an employer breaches an employment contract, the ideal outcome is often a settlement that avoids prolonged legal proceedings. However, prosecuting a claim through the courts remains an option if the employer is unwilling to negotiate fair compensation for the breach.

Settlement Agreements

Most breach of contract claims end in pre-trial settlement between the employee and employer. Settlements provide resolution faster and without the expense/uncertainty of litigation.

We can negotiate favorable settlements that provide the employee damages for losses and unequal treatment resulting from the breach. Settlements often include a non-disclosure agreement barring either party from disclosing details publicly. This allows a more private resolution outside of court.

Proving a Claim in Court

If the employer denies breach allegations or refuses to settle, the employee can pursue a lawsuit to prosecution and trial. This involves extensive evidence gathering, depositions, paperwork, motions, court filings, etc.

The employee's lawyer must conclusively prove the elements of a breach of contract claim before a judge or jury. Witnesses, documentation, testimony, and employment experts are used to demonstrate breach and damages.

If successful, the court awards reimbursement of losses and payment owed under the employment agreement. Appeals from either side can lengthen the outcome.

Employees considering prosecution should weigh legal costs, time investments, and risks of an unfavorable verdict in court. Settlement often brings faster, less expensive resolution.

An experienced employment lawyer like us can advise on the best path forward to maximize your recovery and contractual rights. Careful negotiation or prosecution of your claim can hold employers financially accountable for unlawful breaches. Should you need legal representation or advice, we, at the law offices of Albert Goodwin, are here for you. We are located in Midtown Manhattan in New York, NY. You can call us at 212-233-1233 or send us an email at [email protected].