Breach of Employment Contract Litigation: Contract Interpretation, Materiality of Breach, Defenses, Damages

When an employer or employee fails to satisfy specific terms or conditions of an agreed upon employment contract, the aggrieved party may seek economic damages and/or an injunction by bringing a breach of contract claim against the violating party. Breach of contract claims often allege wrongful termination, failure to pay wages or severance pay, and/or violation of non-compete or non-solicitation provisions in the employment agreement.

Breach of employment contract claims may arise from written contracts, as well as implied contracts created by employment handbooks, offer letters, or statements made by managers or supervisors. Proving that an implied contract exists is one of the greatest challenges for employment attorneys pursuing breach of contract claims. Whether the alleged breach was material or non-material is also an important factor in the outcome of a breach of employment contract case.

In defending breach of contract claims, employment counsel may raise a number of defenses, including that employment was at-will, the contract was void, the opposing party failed to comply with the duty of good faith and fair dealing and/or the duty to mitigate damages, and other defenses.

Listen as our authoritative panel discusses key considerations and best practices for employment counsel bringing or defending breach of employment contract claims.

1. Bringing breach of employment contract claims
2. Defending breach of employment contract claims

The panel will review these and other key issues:

• Most common allegations in breach of employment contract claims
• Key considerations for employment counsel bringing breach of employment contract claims
• Available defenses for employment counsel defending breach of employment contract claims