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"Thorough, honest and compassionate."Throughout the entire trial, their leadership, guidance, support, and positive perspective, helped me continue a well won battle.- P.K., Cincinnati, Ohio
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"A positive experience from beginning to end."The amount of research and time put into my case proved to be the reason we came out successful. I not only gained a lawyer but also a friend and contact forever.- C.D., Atlanta, Georgia
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"Extraordinary service."Litigation should be the last resort when trying to resolve differences, but when it became necessary using this firm provided peace of mind during the entire process.- L.D., Cincinnati, Ohio
What are Employment Contracts?
Like most states, Ohio is an employment-at-will-state, which allows an employee or employer to terminate employment at any time. If you are an at-will employee, your employer can generally fire you for any reason or no reason at all, without giving you notice, as long as it is not for a reason made illegal by state or federal law. Most employees fall into the category of at-will employees, but you may have additional protections if you have signed an employment contract.
Executives and certain other employees may enter into specific agreements with an employer that are enforceable even though Ohio is an at-will state. These contracts can cover a wide array of topics.
Common employment contracts include:
- Non-compete agreements: These agreements generally prevent employees from competing with the business they work for during the time of their employment and for a limited time after they leave the job.
- Non-disclosure agreements: These contracts require employees to keep confidential information and trade secrets they learn through their job private, even after they no longer work for the company.
- Severance package agreements: These provisions outline what an employee will receive in the event of their termination or other departure from the company. The terms of a severance package often relate to continuation of benefits, compensation for a limited time, and reiterate the rights of the parties now that the employment relationship has ended.
- Ownership of intellectual property agreements: These agreements assign respective rights in intellectual property, such as software or inventions of the employee made during the course of employment.
- Duration of employment contracts
- Change of control contracts: These contractual provisions relate to what happens to an employee when the employer experiences a major change in ownership or control, such as being acquired by a larger company
In some cases, a breach of employment contract can occur, such as an employer trying to terminate you before the contract terms end or not paying out the compensation outlined in your severance package.
Contracts are an agreement between you and your employer, and if your employer breaks the terms of the contract, you can seek damages. On the other hand, if you don’t adhere to the contract terms, you can also be found in breach of the contract.
If you believe that your employer has breached your contractual agreement, a breach of employment contract lawyer will review the terms and guide you on the next steps to take.
How are Employment Agreements Breached?
Employment agreements can be complex and may include many elements that must be followed in order to comply with the contract terms. Your employer can be in breach of contracts if they:
- Change your duties in the middle of your contract
- Fail to provide the promised benefits
- Violate any terms of your agreement
For example, if your contract states that after 90 days of employment, you will receive a $10,000 bonus and it’s not paid out, this is a breach of contract.
Written and verbal contracts are both legally binding, but you always want your contract to be in writing to avoid any confusion by both parties. You may still be able to enforce oral contract terms that your employer fails to follow, but proving the existence of a verbal contract is more difficult.
Since Ohio is an at-will state, a written agreement will offer you protection from being fired without justification. Your contract may have very specific terms for terminating the contract, and if these terms are not met, the employer is in breach of contract if they choose to fire you anyway.
If a breach of contract occurs, you can seek damages, which is money to compensate you for the injury caused by the employer not following the terms of the contract.
What Damages Are Available If An Employer Breaks A Contract?
If your employer breaches your employment contract, you may be able to seek damages. These damages are meant to put you in the position you would have been in if the contract had not been breached.
They can include:
- General damages, which compensate you for direct losses caused by the breach. These can include reimbursement of costs and basic financial damages.
- Consequential damages, which compensate you for things related to the breach, such as missing out on opportunities because you were waiting for the employer to hold up their end of the agreement.
- Equitable damages, which is when the court orders the employer to uphold their end of the contract. These damages are not common in breach of employment contract cases.