How to File Employee Contract Violations
When an employee has violated the terms of his employment contract, you have several potential options for remedies. Like any other type of contract, the remedies must be enforced by the court. To recover for damages caused to you due to your employee's contract violation, you must file a lawsuit against the employee in court. The contract should be submitted to the court as evidence. The burden of proof is on you to show that a contractual term existed and that the term was violated, so make sure you collect all the information you need before going to court.
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Instructions
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Consult the terms of your contract to make sure a breach occurred. An employee has not violated her contract unless there is a specific and explicit term that she breached. Note the precise section and line of the contract that was violated.
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Look for any damage provisions in the employment contract. Employers should provide specific remedies in the event that employment contracts are violated. This is because it is generally very difficult for employers to prove damages as a result of their employee's breach. If the contract does not specify a specific remedy for breach, you will have to prove that you suffered economic damages as a result of the employee's action.
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Mitigate damages by taking steps to reduce the economic suffering you endure. For instance, if your employee quit before the terms of his contract allowed him to, try to find a suitable replacement as soon as possible. If the court finds that you did not take actions to mitigate your damages, you will be responsible for a portion of your economic loss.
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Draft a complaint form consistent with the rules of your jurisdiction. Every state and municipality does things a bit differently, so you should consult the clerk of the court at the closest courthouse for assistance. If the matter is a small one, you may need to submit your claim to the small claims court. Otherwise, the state trial court--called the Superior Court in most states--is the place you should file your petition.
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Serve the complaint on your employee through a process server or the sheriff's department. The rules for service vary from jurisdiction to jurisdiction, but the clerk of the court will be able to inform you of the specific rules of your state. Once served, your employee will submit a response form to the court.
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Attend the hearing at the assigned hearing date, and bring all evidence needed to prove your claim, including the employment contract itself, the evidence you have that the contract was breached and evidence of the damages you suffered as a result of the breach. Plead your case to the judge who will then issue a verdict.
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Tips & Warnings
Oral contracts are much more difficult to enforce, but are considered legally binding contracts in court. Be prepared to prove that you and the employee made an oral agreement and what the terms of that agreement are.
Employment contract law is a complex area of law, and you should hire an employment attorney to assist you. Not only will a lawyer help increase your chances of winning, but he may also save you money from legal mistakes you may make.
