What to do about a breach of an employment contract?
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What to do about a breach of an employment contract?
Approximately 2 years ago, I signed an employment contract which included pay, benefits, non-compete, ethical standards and grounds for termination. Approximately 90 days into the agreement I was asked to take a pay cut, I agreed and it was done with no documentation. Another 90 days passed and I was asked to take an additional pay cut but this one was done with an addendum added to my employment contract. In short it stated that my pay would be restored once we reached a point of shipping equipment. We have since achieved this point of shipping equipment. However snce then 30 days have passed, or 2 pay periods, and my pay has not been restored according to the addendum. What options do I have?
Asked on November 14, 2012 under Employment Labor Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
An employment contract, like any other contract, is legally enforceable as per its plain terms--and this means that an addendum to a contract, agreed to by the employer and employee, is enforceable, too. To enforce it, however, you would need to file a lawsuit against your employer: contracts are legaly enforceable in the courts (i.e. the Labor Department or other government agencies will not enforce it for you). You therefore need to weigh what you hope to get against the costs, monetary and otherwise, of suing your employer.
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