How to Fight a Breach of Employment Contract
Employment agreements fall into two categories: "at will" contracts, where the employee can be terminated at any time with or without cause, and those employment relationships where performance standards and concomitant grounds for termination are defined by a formal written contract. The fact that an employee works under an at-will arrangement doesn't necessarily mean that he has no recourse if threatened with termination.
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Instructions
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Read the provisions of your employment contract carefully.
If your contract provides that you may be terminated only for cause, obtain from your employer, preferably in writing, the reasons for your termination. If the termination clause provides that either party can terminate the agreement at any time for any reason, ensure that the employer complied with the notice provisions of the contract. The notice provisions are usually contained in a separate paragraph and state the manner in which termination is communicated to the other party. If the employer failed to give adequate notice pursuant to the time period specified in the contract, you may have grounds to challenge the decision.
If you have a detailed written contract with the employer, determine if the basis for your termination is in accord with any written objective performance standards that are clearly delineated in the contract.
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Review the employer's written employee manual.
Many courts have held that an employee manual is an enforceable contract whose provisions are binding upon both parties. Examine the employee manual carefully in order to ascertain if the termination was in accordance with the procedures as specified in the employee manual.
Many corporations have a progressive disciplinary policy that provides for formal notification to an employee if his performance or conduct warrants the issuance of a warning. Determine if the employer complied with their own disciplinary policy by issuing you the requisite number of warnings prior to termination.
Some employee manuals mandate that the employer provide periodic performance reviews with an opportunity for an employee to respond. If you have never received any of the required performance reviews or fewer than the number required during the year, the employer has breached its contractual obligations pursuant to the express terms of the employee manual.
If you were terminated for failure to meet the employer's expectations based solely on a performance review that was untimely, notify the employer in writing that you consider the decision manifestly unfair and wrongful.
If your employer has failed to adhere to the terms of the employee manual, notify them in writing that you view their noncompliance as a breach of their own legally binding policies and procedures and as such, your termination is wrongful.
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Look for an arbitration clause in your employment contract. Many contracts contain a clause that provides that any dispute between the parties will be resolved by arbitration. In the absence of fraud or collusion, most courts uphold arbitration agreements. If your contract contains such a clause, you may insist that any termination decision be resolved through the arbitration process.
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