Many employees in Phoenix, Arizona, do not have employment contracts since Arizona is an at-will work state. However, some employees may have an employment contract. When you enter a contract with another party, you and the other party have rights and responsibilities, including employment contracts. If a party breaks the contract terms, the other party can pursue a breach of contract claim.
Breach of contract cases are complicated employment disputes. You need an experienced Phoenix employment lawyer to help you determine your rights and legal options. Our legal team at The Houk Law Firm, PLLC has decades of combined experience. We work with employees and employers to resolve claims of breach of contract.
Contact Houk Law Firm, PLLC at (480) 569-2377 to schedule a consultation with one of our Phoenix breach of contract lawyers.
How Our Phoenix Employment Lawyers Can Help You With a Breach of Contract Case
Some businesses prefer employment contracts instead of hiring employees “at will.” In an “at will” state, the employee or the employer may terminate employment at any time for any reason. It can benefit some employees to negotiate an employment contract instead of working with the fear they could be fired for any reason at any time. Many executives, professionals, managers, and key employees hired under set conditions have employment contracts.
If a dispute is related to an employment contract, you want an experienced Phoenix employment lawyer to handle your case. Attorney Christopher Houk began The Houk Law Firm, PLLC in 2019. He has almost two decades of experience in employment law and is highly rated by Avvo and Super Lawyers.
When you hire our top-rated employment attorneys in Phoenix, you can trust we will:
- Investigate the circumstances of your case to determine whether the contract was breached
- Determine whether you have a valid, legally enforceable employment contract
- Analyze the terms of the contract to explain your rights and responsibilities
- Utilize various strategies to resolve the dispute as quickly as possible to mitigate negative impacts
- Negotiate a settlement to resolve the breach of contract that protects your best interests
- File a lawsuit and take the case to trial if negotiations fail
Our lawyers at The Houk Law Firm, PLLC are seasoned trial attorneys. They are skilled negotiators and mediators. We work with you to resolve a breach of contract case through mediation and negotiation whenever possible. However, our attorneys are fierce litigators who will take your case to trial if that is in your best interest.
Call The Houk Law Firm, PLLC today to schedule a consultation with a Phoenix employment attorney.
What Is an Employment Contract?
An employment contract must include three elements to be legally enforceable in Arizona:
- Offer: In an employment contract, the offer is for employment.
- Acceptance: The person must accept the offer of employment to satisfy this element.
- Consideration: Consideration is what is exchanged between the parties. Generally, the consideration is the employer’s promise to pay the employee for performing the job duties outlined in the employment contract.
Contracts may be verbal or written, but Arizona requires that some contracts be written to be enforceable. Some unwritten contracts are enforceable.
Generally, a written employment contract contains the terms of employment, including:
- The beginning date of employment
- The employee’s job title, responsibilities, and duties
- The term of the employment, if not open-ended
- Reasons and procedure for terminating employment
- Non-compete agreements restrict the employee’s ability to compete with the employer if they leave or are terminated
- Paid time off, including sick leave and vacation days
- Benefits, including retirement, health insurance, pensions, etc.
- Methods of resolving disputes
- Non-disclosure agreements to prevent employees from disclosing trade secrets and private information
- Severance agreements and terms
Employment contracts may contain other terms and conditions depending on the parties involved and the type of job. Before entering an employment contract, seeking legal advice from an experienced employment lawyer is wise. When you sign the agreement, you can be sued for breach of contract if you break any terms and conditions.
What Is Breach of Contract for an Employment Agreement in Arizona?
A breach of contract occurs when an employer or employee fails to perform any of the terms and conditions of the employment agreement. Firing an employee who has an employment contract is not necessarily a breach of contract. For example, an employer may file an employee for failing to perform their required job duties.
However, if the employer fires an employee for reasons protected by state or federal law, the firing may be a wrongful termination. Furthermore, if an employer fires an employee for reasons not provided in the contract, the termination can result in a breach of contract claim.
Most breaches of contract fall into one of three categories. A minor breach occurs when a small part of the obligation is not met. A minor breach may not result in legal action.
A material breach occurs when one party denies or fails to provide a key element of the contract. Material breaches almost always result in legal action. Finally, anticipatory breaches occur when one party informs the other party of their intent not to meet their obligations under the contract. In the case of an anticipatory breach of contract, the parties may mutually agree to end the contract.
What to Do if Your Employer or Employee Breaches a Contract in Arizona?
When an employer or employee breaches a contract, they could face several legal consequences. Taking immediate steps to protect your rights is essential if you suspect a contract breach. Steps to take after a breach of employment contract include:
Document Evidence of the Breach of Contract
You need evidence proving the breach of contract to support a claim. Make copies of all documents that relate to the breach of contract, including, but not limited to, emails, text messages, pay stubs, employment reviews, and memos.
Create a log of all interactions between you and your employer or employee. Make notes of statements made to you by managers, supervisors, and other employees, including the date, time, and substance of the conversation.
Communicate the Breach of Contract
Communicate your concerns regarding a breach of contract clearly and professionally. You may discuss your concerns during a meeting, but it is wise to put them in writing to create a record. Keep detailed records of all interactions.
Seek Legal Advice
The importance of experienced legal counsel cannot be overstated. Breach of contract claims are complex employment law cases. It can be challenging to identify and prove a breach of employment contract. An employment lawyer can help you gather evidence to prove your claim. They also help you understand your legal options to choose the best course of action to protect your rights.
Legal Remedies for Breach of Contract for Employment in Arizona
The possible outcomes for breach of contract in employment situations depend on the specific facts of the case. Your legal remedies for a breach of contract may include filing a lawsuit seeking damages, using mediation or arbitration, or negotiating a settlement.
If you file a lawsuit, you must prove your employer breached the employment contract. You may be awarded damages for your actual losses, including lost wages and benefits. You could also be awarded damages for other harm, such as damage to your professional relationship. The court may order your employer to perform the specific terms of the employment contract.
Breaches of employment contracts may be settled through private negotiations, mediation, or arbitration. There could be advantages and drawbacks to each option. Your attorney discusses the merits of each option to determine which option gives you the best chance of receiving a fair and just outcome for your case.
How Can I Prevent a Breach of Employment Contract in Phoenix, AZ?
One of the best ways to avoid a breach of contract is to negotiate an employment contract with clear, fair terms and conditions. Having legal representation during the negotiations is important. An employer has a team of lawyers protecting its interests, so the terms of the employment contract might heavily favor the employer.
Hiring an employment contract lawyer ensures you have someone on your side looking out for your best interest. Your attorney ensures that the terms of the contract are fair. They explain each of the terms and conditions of the contract, including your obligations and responsibilities. Your attorney also reviews the consequences of a breach of contract and the potential remedies for a breach of employment contract.
It is important to review your employment contract regularly. Refreshing your memory regarding specific terms can help you spot problems before they become legal issues. If you wish to terminate your employment, it is crucial that you review your employment contract to determine the procedure for terminating your employment and the requirements for termination.
Schedule a Consultation With Our Phoenix Breach of Contract Lawyers
At The Houk Law Firm, PLLC, our dedicated legal team is here to guide you through the complexities of legal issues arising from breach of employment contracts. We understand that these matters can have a significant impact on your professional and personal life, and we are committed to providing you with comprehensive support and knowledgeable representation.
Call us today to schedule a confidential consultation with an experienced Phoenix breach of contract attorney.
Visit Our Employment Law Office Located in Phoenix, AZ
Houk Law Firm
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
