In any kind of company and in any type of job, there will always be an employment contract - whether it is oral, written or implied. An employment contract is basically an agreement between the employer and the worker regarding work responsibilities and employee benefits. But sometimes, even such important contracts can be breached. If this happens, an employment dispute case would emerge.
If your employer has failed to follow the terms and conditions of your contract, you have the right to sue him and make him pay. Here are some guidelines to help you proceed with your complaint:
- Mediation â In this stage, you will talk with your employer and try to settle things beforehand. Mediation is a legal proceeding where both parties will need to present their settlement proposals. A third-party mediator will be the one to determine what each party will get. If one of the parties refuses to agree with the mediator's decision, the case can be brought to court.
- Taking legal action â If the mediation process fails, the plaintiff can take legal action against his boss. If he is able to win the case, he may be rewarded with compensatory damages. If the employer has intentionally violated the contract, punitive damages may be awarded to the employee. There are two types of legal action:
- Employment tribunal â You can only take the case in an employment tribunal if your employment has already ended. Take note though that there are several complaints that are not processed in this court.
- Civil court â Also referred to as small claims court, the civil court can process complaints of plaintiffs who are still employed. The main drawback of civil courts is that claims and lawsuits take a considerable amount of time before a decision is made. During the waiting period, the complainant should be patient and determined to pursue his dispute case.
Before filing the complaint, make sure you have enough evidence to prove your employer's breach of contract. In a situation like this, you need an expert Los Angeles employment attorney to handle this issue. If you are a member of a trade or labor union, you can also ask them regarding your complaint. Asking help from more people would certainly benefit your case.
Employment contracts are important documents and agreements that should be respected and followed by the employer and the employee. If one of them fails to do his part, he may face legal consequences. To know more about employment contracts violations, you can consult a Los Angeles labor attorney.