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Did your employer violate your employment agreement terms?

Say you agreed to the employment contract you received when you accepted a position at a new company.

However, your employer recently terminated you, and you feel this action was unjust. Did your employer violate the terms of your employment agreement?

Agreements have more than one form

Although the employment contract you received was in writing, an employment agreement can also be verbal. Some companies rely on the employee handbook to inform workers of their policies and expectations.

Employment agreements can contain a wide variety of terms and conditions, but most will provide basic information about wage and tax details, company benefits and employee responsibilities. Many employment contracts also contain terms outlining severance obligations and benefits in the event the employee leaves the company.

Court decisions

It is not uncommon for an employment agreement to become the focus of a legal dispute. In DuPreez v. Banis, a case decided in 2015, the plaintiff filed breach of implied contract, wrongful termination and other grievances against her employer for promises he allegedly made to her before she accepted a position as the manager of his Wailea vacation property. The defendant argued for dismissal on the grounds that none of the complaints the plaintiff stated constituted “a claim upon which relief can be granted.” The court denied as moot the motion to dismiss. The defendant’s plea for summary judgment was granted in part and denied in part.

The importance of clarity

One of the complaints heard most often about employment contracts is that the language is often confusing and unclear. If you believe your employer violated your employment agreement in terminating you, was clarity a problem or was there some other issue? For example, was your employer aware that you were about to lodge a harassment complaint? Explore your legal options. A thorough review of the contract and circumstances surrounding your dismissal from the company is in order with action planned to protect your rights.

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Law Office of David F. Simons
707 Richards Street
Suite 526
Honolulu, HI 96813

Phone: 808-536-3255
Fax: 808-524-5593
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