An employment agreement contains terms outlining the agreement between the employer and employee regarding the terms of employment. Both an employer and an employee can breach an employment contract. When certain terms and/or conditions of an agreed upon employment contract are not done or met (i.e. violated) by an employer or an employee, the party has committed a breach of employment contract.
There are a number of different terms and conditions that may or may not be included in an employment contracts, including, of course, restrictive covenants relating to non-competition and/or non-solicitation. Many employment contracts also define whether the employment is “at will” and whether or not an employee can be terminated with or without cause.
There are also a number of different factors that need to be evaluated by our Chicago breach of employment contract lawyers in order to determine the potential legal remedies, damages and/or other options going forward. For example, is this a case to litigate in court or is it better to attempt to negotiate and settle the breach of employment contract case prior to filing a lawsuit? What are the damages and how might they be limited? Is there a liquidated damages clause (i.e. requiring a specified sum of money for the breach)? Oftentimes, specific performance of the contract can be demanded or the payment of financial obligations might be an option.
We will perform a full and thorough review of our client’s employment agreement to determine what course of action will provide the best resolution. Negotiating a settlement might be a viable option, but we are also ready and willing to pursue full-blown litigation, depending on the goals and best interest of our client.
If you are an employee or a business/employer and need advice on a breach of employment contract matter, contact our Chicago commercial litigation attorneys. Please feel free to email or call our Chicago law office to inquire about your breach of employment agreement matter.