Steps to take when involved in an employment contract dispute

April 23, 2013

Steps to take when involved in an employment contract dispute

Article provided by Robert N. Levin, PC
Visit us at http://www.robertnlevin.com/

When contract disputes arise between workers and employers, it is often unclear how to go about seeking a resolution. Specifically, people involved in employment contract disputes may wonder how far to go in their efforts to settle the issue on their own and when to pursue legal action through a court of law. For employees struggling with contract disputes, the following tips may be helpful in deciding how to approach the process of seeking a resolution.

Take a step back

People often become understandably upset when employment contract disputes arise, especially if they feel they have been misled or taken advantage of by an employer. However, an emotional blowup -- however justified it may seem in the moment -- is rarely an effective negotiating tactic in the long run. To help preserve the working relationship and improve the chances of successfully negotiating an outcome, it is important to stay calm and keep the situation from escalating unnecessarily.

Check the employment contract

In some cases, a dispute may be a simple matter of one or both parties misunderstanding the terms of the employment contract. For example, many employment contract disputes occur when an employers and employees differ in their interpretation of a contract's renewal or cancelation clause. Non-compete agreements are another common source of confusion and disagreement.

Before beginning the process of negotiating an employment contract dispute, it is important to have a clear understanding of the contract itself. This will help clarify the issues involved in the dispute, and in some cases may be all that is necessary to resolve the disagreement. To ensure that they fully understand their rights and obligations under an employment contract, workers may wish to seek advice from an experienced contract lawyer.

Initiate a conversation

Many employment contract disputes can be settled by talking the situation over with a supervisor or other authority within the employer's organization. Many employment contracts specify how disputes should be addressed, so it is important to consult the contract first to ensure that the proper procedure is followed. Before taking a disagreement up with a supervisor, employees should gather all relevant information and create an outline of the points they would like to cover in the conversation.

If a face-to-face conversation does not result in a satisfactory resolution, employees may wish to consider putting their concerns in writing. Sending a letter creates a record of the dispute and may force the employer to take the individual's concerns more seriously. Before sending a letter, however, it is wise to seek advice from an attorney. A lawyer can review the contents of the letter or draft it on behalf of the employee, making sure that the arguments presented are thorough, accurate and legally sound.

File a lawsuit

Despite an employee's best efforts, some contract disputes cannot be resolved through everyday means. When all other avenues have been exhausted, an employee may choose to pursue a resolution through the legal system. Before taking legal action against an employer, however, it is important to consider all of the ramifications that may be involved in filing a lawsuit -- personally, professionally and financially. For help weighing the options and choosing a course of action when involved in an employment contract dispute, contact a knowledgeable contract attorney.