Has my employment contract been broken
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Has my employment contract been broken
I am a driver for CR England that has
not been paid correctly for work
already done. I feel that the company
has not kept their covenant with me by
not paying me as they promised.
Asked on May 15, 2017 under Employment Labor Law, Nevada
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Non-payment of agreed amounts constitues a material breach of a contract. Accordingly, you can termiate the contract. In fact, you can stop working immediately. Additionally, has to the unpaid wages, you can sue for those amounts as well. Depending on your states limits and the amount of your claim, you may be able to sue yourself in small claims court. Just be sure to have all supporting documentation when you go to court as you will need to prove your claim to the judge.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, not paying you as per the agreement would be a breach of contract, since it would be a "material," or important, violation: it would enable you to terminate a written contract for a definite term (e.g. a one year contract) which was still in effect (if you don't have a written contract for a definite term, you can stop working any time you want). You can also use the company for the money they owe you for the work/driving you did for them; you would sue for "breach of contract," and if the amount at stake is less than the limit for small claims court, suing in small claims court, as your own attorney ("pro se") is a good idea.
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