If you believe your employer has violated the terms of your employment, it can be difficult to know what to do next.
Dan A. Atkerson can advise you on how to handle a breach of contract so that you get the compensation you deserve.
Learn how an attorney can help you navigate employment claims and hold your employer accountable in Dallas, TX...
Identify Your Legal Rights under an Employment Agreement
Employees generally have documentation of their employment relationship with an employer. This may include an offer letter, or it may even include a formal written employment agreement. The Law Offices of Dan A. Atkerson can assess your legal rights under these contracts.
What Is a Breach of Contract?
Legally, a breach of an employee contract occurs when an employer or employee fails to live up to the obligations specified by the contract between them. These contracts are most often written, but remain legally valid whether they are verbal or implied. Your employment contract will specify your job duties and the wages you are entitled to receive in exchange for performing your job. It may also describe additional details about your employment, such as:
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Can I File a Lawsuit?
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Both you and your employer are expected to adhere to the terms of your contract. Depending upon the type of job you have or the type of employee you are as defined by the agreement, your employment contract might also include provisions specific to your industry. If your employer fails to compensate you as outlined, does not provide the specified benefits, or takes any action in violation of the terms of your employment agreement, you are entitled to file a lawsuit for breach of contract.
Contact Dan A. Atkerson Today & Find out If You Have a Case
Do you believe that your employer has wrongfully breached an employment contract? A dispute like this can be difficult to prove on your own, but a knowledgeable employment lawyer like Dan Atkerson can provide the answers you need.
Mr. Atkerson has been serving employees in Allen, TX, Dallas, TX, and throughout North Texas for over 38 years. In that time, he has helped many clients obtain the results they need both in and out of the courtroom.
To talk to Mr. Atkerson about your case, request a consultation online or call our labor law office in Allen, TX:
(214) 383-3606
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Everydayrayandjay D
2023
If I could give 10 stars I would. Dan is smart, swift, attentive, and aggressive! He is competent and extremely knowledgeable. He listens to his clients and fights hard to win!! I highly recommend him.
View on GoogleEmily Carlton
2023
Dan was professional and efficient. He responded to my many questions in a timely manner and advised me well. We were able to mediate my settlement for the exact amount I desired. I would definitely use Dan again.
View on GoogleHow To Pursue Your Employment Dispute Case
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Contact an Attorney
Contact an AttorneyIf you believe your contractual rights have been breached or violated by your employer, you should call a qualified attorney as soon as possible.
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Compile Necessary Evidence and Documents
Compile Necessary Evidence and DocumentsObtain a copy of the agreement, as well as any documentation that demonstrates how the agreement was broken.
What Documents Should I Gather?
In order to present a valid case, you must have evidence of this breach, such as witness testimony and documentation. Common examples include email traffic, copies of the company handbook, and written reports from your human resources department. It is also possible to prove your case by providing any notes you have made to document violations of the contract, copies of your paycheck or other proof of wages, or anything else you believe might help prove that the agreement was violated.
You Could Be Entitled to Compensation
If your employer has broken your employment contract, you may have the right to collect financial compensation or "damages." Damages are intended to compensate you for the financial losses caused by the contract breach. There are several reasons why you need a lawyer to recover damages. A lawyer can evaluate your case and let you know what you can expect to collect in damages.
Unfortunately, there is a strict limit to the financial compensation you can win in a breach of contract case. However, depending on the circumstances of your cases, you may also be able to file a discrimination or wrongful termination lawsuit, which can help further cover money you may have lost as a result of the breach of contract.
The specific types of damages you are entitled to receive will depend upon your specific circumstances. To find out what you can do if your employment contract has been breached, or how to handle an employment law dispute, call our offices today. Our lawyers serve clients in Dallas, Frisco, Plano, and Allen, TX.
Types of Restitution
Every case is unique, so the damages available will vary depending upon the specific facts of your case. Our lawyers strive to give you individualized attention, but there are some common threads that can be seen running throughout many breach of employment contract cases. For example, most cases include a demand for the following damages:
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This type of compensation may include omitted bonus pay or repayment for salary that was withheld. In some instances, the employer may have to “buy out” the employee’s contract. In other words, if the contract specified that the employee must work for a certain time period and receive a certain amount of payment, the employer may have to pay the entire amount set forth in the contract, regardless of whether the employee worked for that entire amount of time.
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In legal terms, "specific performance" refers to any duties a party has agreed to do as part of a contract. As an example, an employment contract may specify that an employer will hire an employee for a full year, or that an employee must perform a specific job task. If an employer fails to fulfill any specific performance that was made part of the agreement, the courts will typically award damages to the employee rather than force the employer to follow through.
It is important to remember that in these cases, both employer and employee may have contentions with the employment contract between them. As a result, the best resolution is usually some form of compromise between everyone involved, resulting in a final outcome in which some give and take on both sides is needed. You will need to be flexible in your expectations. Our job is to protect your interests and advocate for an outcome that meets your needs. We do this by listening to your story, outlining your options, and pursuing an appropriate remedy. You can depend on our firm to uphold your rights throughout every step of pursuing the compensation you deserve, regardless of whether this occurs in or out of the courtroom.
Gaby
2022
Dan is a lawyer you can trust! He recommends the best way to handle a situation and gives alternatives. He is always available for questions and keeps you up to date on the case he is representing for you.
View on GoogleSheila P.
2022
I recently ran into an issue where I needed representation and I was fortunate enough to find an Attorney Like Dan Atkerson! He actually cares about you, fights for you, and makes sure you understand every process. He advises you on the best course to take and has your best interest in mind. If you landed on Atkerson's page looking for Legal help, just stop looking. There is no comparison to Dan.
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