Ever read something in a contract and questioned the terms in it? You can find out more about Jill's experience and learn how to contact her through her website, www.jillharness.com. For example, if the contract states that the employee must receive $105,000 as annual salary and the employer fails to meet that, it would be considered a breach. You are much more likely to win these cases if they are against a senior employee as opposed to an entry-level worker doing nothing more than making telemarketing calls. An Employment Lawyer Can Help You With Your Breach of Contract Case. While it is less common for an employee to be sued by an ex-employer than vice versa, it is possible. The employer is able to sue an employee for breach of contract. "skilled worker" who 2). This could range from posting something on social media all the way to telling a lie about the company to a reporter. For example, if according to the contract an employee must provide a one-month notice to the employer before they quit and they only gave them a two-week notice, then the employer may sue for compensation. The lawsuit may enable the employer to recover compensation related to damages from the breach of contract and may force the employee to permanently cease the activity. The short answer is yes. An employment contract can be breached by either an employee or an employer. I started reading thinking there might be a failure to pay wages, but it wasn't that. Employees are expected to work to the benefit of their companies while at work, and failing to do so means they have breached their duty of fidelity. In addition, a worker can claim for consequential financial loss suffere… If your contract contained a confidentiality clause, you could find yourself in legal hot water if you blabbed a past employer's secrets to one of its competitors, or any other third party for that matter. If an employee has violated a legally binding clause from the company's policies, broken a contract or agreement with the company or has violated the law in a way that harms the employer, the employer may have grounds to sue. Some of the most common reasons employees are sued for breach of contract are for violating noncompete agreements, nonsolicitation agreements and nondisclosure agreements. But, if I understand the details you provided, I don't see a good reason to sue. A breach occurs when one side fails to live up to the obligations provided by the contract, such as when an employer wrongfully discharges an employee in violation of a valid employment contract. simple legal protection, 2/23 Foster Street, Surry Hills, NSW 2010 Australia. If the employee’s claim concerns unpaid wages, but they are still employed and do not wish to resign then they may instead be able to bring a statutory claim for unlawful deduction from wages in the tribunal. It is quite common for employers to require senior employees to execute covenants which prevent or restrict certain activities. Hence, an employer can sue the employee for the breach of honesty or wrongdoing. The short answer: yes, in some cases, an employer can sue an employee for losses suffered at their hands. Employment is considered a contractual arrangement and an employee can sue his employer for a material (serious or major) breach of the contract. Some contractual terms can be ambiguous, and their meaning unclear. Before you can sue your employer for a breach of contract, you must first determine whether your contract has actually been breached. However, the circumstances and context of each case vary and can lead to different outcomes. Federal law, and the law of most states, do not require employers to pay severance to departing employees. It is mutually beneficial for the employee and … If this type of action is discovered, an employer may have legal grounds to sue the employee responsible for the sudden exodus of employees under breach of contract. Read what makes a contract unreasonable, because you may not be bound to it. Read more on non-compete agreements here. Some of the most common causes of lawsuits against employees are: Before you decide to sue a former employee, it is critical that you fully review your company's policies and rules as well as any contracts and agreements signed by the employee with a lawyer experienced in your state's employment laws. However, this does not give the employer right to terminate the contract of the employee without any proper notice or cause. Unsure where to start? Search, compare and hire from Australia's largest lawyer marketplace, Read our free legal and business articles to get all the information you need, We've helped 130,000 Australians get smart and This duty exists even without a contract to make it official. The rules regarding this reason for suing a former employee vary drastically by state. she was a director or officer who should have been held to a reasonable standard when it comes to exercising business judgments, and her actions fell below this standard. It is equally possible for an employee to breach the terms of the employment contract, both express and implied, for which the employer can sue the employee for any losses flowing as a result of that breach. The time limit for Employment Tribunal claims is three months less one day from the date of the breach. Also, if their work restriction was too wide and broad, they will know their case will be weak in court. Keywords to look out for are restrictions applying to distance and length. An employment contract is “breached” (or broken) when one party doesn’t live up to its end of the bargain. The contract is usually maintained by every company to safeguard the rights of the employers as well as the employees equally. While you probably wouldn't want to file a lawsuit against someone who stole a stapler and some pens, if an employee stole a laptop and iPad, you may very well wish to sue if he refuses to return the items. Taking customers or other employees from the former employer has stolen or is can employer sue employee for breach of contract... Associates, LLC: When can an employer can sue for breach of employment is. Duty exists even without a contract from taking customers or other employees the. N'T see a good reason to can employer sue employee for breach of contract the employee because the content of the employee employee must have signed contract. 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