Navigating breach of employment contract: A guide for executives

As an executive, you play a pivotal role in steering your organization towards success, yet there are times when you might find yourself in challenging situations, such as dealing with a breach of your own employment contract. This can not only affect your professional life but also impact your personal well-being. What can you do?

Identify the breach.

Before taking any action, revisit your contract. Understand the specific terms and conditions that you and your employer agreed to in this document. You may want to consult with an attorney to get a clear interpretation of the contract and to understand the full scope of the breach.

Reviewing the terms of your contract allows you to identify where your employer overstepped. Common breaches by employers include non-payment of agreed-upon salaries or bonuses, unilateral changes to job responsibilities or failure to provide the agreed-upon resources necessary for fulfilling your role.

Communicate with your employer.

Open and professional communication is often the quickest and most effective way to resolve a breach. Schedule a meeting with your employer to discuss the concerns regarding the contract breach. Sometimes, breaches occur due to misunderstandings or oversight rather than deliberate non-compliance. Clearly explain how the contract has been breached, and discuss potential solutions to address the issue.

Document everything.

Throughout this process, keep detailed records of all communications. You should also keep any relevant documents that support your case such as email correspondences, meeting notes and contractual agreements. This documentation can be crucial if the breach escalates to legal proceedings.

Explore your legal options.

If direct communication does not resolve the issue, it may be necessary to file a lawsuit. You may be able to receive compensation for any loss caused by the breach. In some cases, the court may order your employer to fulfill their obligations as agreed in the contract.

Seek legal advice.

Especially in high-stakes issues like breach of executive contracts, it is important to speak to an employment law attorney. They can offer guidance tailored to your specific situation, help in negotiating with your employer, and if necessary, represent you in legal proceedings. An experienced lawyer will help protect your rights and provide a roadmap for the legal options available to you.

Being proactive and informed is key to effectively handling a breach of employment contract. With the right approach and resources, you can ensure that your rights are upheld and your career trajectory remains on a positive path.