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What if my employer violates my employment agreement?

11/9/2015

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First, congratulations on having an employment contract.  Most non-unionized employees are employed at-will and do not have as many rights as those with contracts.  Second, consider carefully the extent of the contract breach and whether the breach is worth making waves with your employer.  This must be weighed against the danger of waiver--that is, by not insisting on your rights under the employment contract, you could be considered to have waived your objections.

Employees frequently seek our help when they have not been properly paid salary, bonuses or commissions as required by contract. Employers who fail to pay their employees properly typically cannot and should not be trusted to fulfill other contractual requirements to their employees, such as guaranteed terms of employment.  

​If your employer has not properly paid your salary, bonus, or commissions, speak with a highly-qualified employment attorney regarding your rights under the contract. In Texas, employees are entitled to attorney's fees incurred in enforcing their rights under the employment contract when the employer has breached it.  In addition, an employer who commits a material breach of an employment agreement may find itself unable to successfully enforce non-compete or other restrictive covenants against the employee.

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    Michelle MacLeod

    Michelle is a Dallas employment attorney representing executives and professionals in severance negotiations, employment agreement negotiations, and non-compete issues, as well as in employment litigation and arbitration.

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