Breeched contract

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Breeched contract

The company I work for selected me for a training program for a higher position. Rules of the contract stated that the company agreed to have me trained by May 4th, 2017. It is May 12, 2017 and every time I ask if I can train, or go in on my day off to train, I am told no. I have met one milestone out of 4, when I should have been completed. They have refused me time and time again of being allowed to train, although the contract said they agreed to train me. What can I do about this?

Asked on May 13, 2017 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

What contract are you referring to? If it is a written contract between you and the employer, you could potentially sue them for breach of contract--but make sure that it's worthwhile to do so. Remember, a contract is only enforceable as to its plain or actual terms, so if the contract guarantees you training but does not guaranty you a raise or promotion, you could potentially sue to get the training, then get nothing else beyond that--and whether it's worth suing your employer or taking legal action against them just for the training is debatable. So review the contract to see if taking legal action for what's in the contract is actually in your interest.
If the contract is between the employer and someone else, not you--e.g. between them and a staffing agency that you came from; between them and a company providing the training; betwween them and a customer or client--you most likely cannot enforce it, since you are not a party to it and would have enforceable rights under someone else's contract.


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