What You Need to Know About a Breach of Contract in Pennsylvania
Breaches of employment contracts can be difficult for the employee and employers. Here’s everything you need to know about breaches of contract in Pennsylvania.
What is A Breach of Employment Contract
A breach of contract happens when an employee and employer break or does not abide by the terms of the employee contract.
Types of Breaches
Minor Breach of Contract
A minor breach of contract is an immaterial or partial breach and occurs when one party has met the stipulations of the contract. Still, there are minor differences between the performance and what the contract demanded.
Related: Pennsylvania Employment Law FAQs
Fundamental Breach of Contract
A fundamental breach happens when one party completely undermines the contract. Fundamental breaches usually force a party to terminate the agreement.
Material Breach of Contract
A material breach occurs when one party fails to perform a duty within the contract. The aggrieved party may file a lawsuit to require the other party to carry through with their obligation, or they may sue for damages.
Employer Breach of Contract
If an employer breaches a contract with an employee, the employee must attempt to mediate with the employer and fix the issue.
If mediation is not possible, an employee can take legal action. The employee must provide four pieces of evidence at minimum to prove a cause for breach of contract.
The four pieces of evidence are:
- The existence of a valid and binding employment contract
- Proof that the employee has complied with the contract by performing the employee’s obligations
- Proof of the employer’s breach of a duty imposed by the contract
- Proof that the employee has sustained damages (such as lost wages) as a result of the breach