If you are filing a claim when your employer has breached a contract, you will have to convince the judge that your employer didn't meet the obligation of your contract. A breach of contract can happen when your employer fails to pay your salary, changes the terms of your employment, or terminates your employment before the contract expires. You might be required to hire a lawyer who has experience with employment law if you want to increase your chances of winning the case.
The Following Are the Three Types of Contract Breaches:
Minor breach – here, your employer fails to meet some terms of your contract. In such cases, you can sue your employer for damages in case you have incurred loss or injury, but you are not allowed to terminate your contract.
Material breach – this type of contract breach means that your employer didn't meet one or more major terms of your contract or that the employer wants to terminate your contract. In this situation, you can decide to terminate the contract and sue your employer for damages.
Anticipatory breach – here, your employer tells you that they won't abide to the terms of your contract. If this happens, you can terminate the contract and sue your employer for damages.
In each of these situations, you are required to prove that your employer has breached the contract. Usually, this will happened in one of the following two ways.
Usually, the contract between your employer and you will be in a written format. This might include letters, emails, paycheck or faxes. Even if you have a formal written contract, things like faxes, letters, or emails you received from your employer can be used to prove the intentions of your employer in case the written contract is unclear.
Written evidence can be used to prove the employer's breach of contract if they changed the terms of your contract without informing you or requiring you to sign another contract. This can also be used to prove that your employer is not paying you per the terms of the contract. Your signed formal contract can be evidence that your employer did not carry out the terms of your contract.
If you don't have a written contract between your employer and you, then you will have to rely on your own oral evidence. If you want to succeed in such a case, you will need to convince the judge that your version is more realistic than your employer's. If another employee was present when you entered into the contract, you can also request them to provide evidence in such scenarios.