Kansas City Attorneys Handling Breaches Of Employment Contracts

At Holman Schiavone, LLC, we represent employees in contract disputes with their employers. If your employer has breached your employment contract, we will put our skills and experience in employment law to work for you. We will work with you personally to help you understand your options and tailor a legal plan that suits your unique objectives.

Immediate Help If Your Employment Contract Has Been Breached

Whether you are an executive, manager, sales representative or employee at any other level, your contract is integral to your career and your livelihood. If your contract has been breached, it is important to have an attorney on your side who understands the language of business contracts and has proven success in handling complex employment law matters.

We represent employees in a wide range of breach of contract cases, including claims involving:

• Compensation
• Severance pay
• Commissions
• Noncompete clauses and restrictive covenants
• Wrongful termination
• Proper notice of termination

If your employer breached the terms of your employment contract, our attorneys can help you pursue damages for the losses you have incurred, including unpaid wages and severance pay. We always strive to reach efficient, cost-effective solutions for our clients, seeking results in or out of court, depending on the circumstances. We will do everything in our power to help you achieve your most critical legal objectives.

What Can Breach Of Contract Look Like In The Workplace?

Breaches of contract can manifest in a workplace setting in several ways. Not every contract violation looks the same. Some are obvious, while others are subtle attempts to save money at your expense. Missouri and Kansas laws provide clear protections for employees facing these disputes.

For example, when an employer terminates an employee, they must pay them all unpaid wages promptly and on the same day. This is codified in RSMo Section 290.110. For sales representatives, employers must pay commissions within 30 days of termination (RSMo Section 407.912). 

These are other common ways that breaches of contract may appear:

• Material versus minor breaches: When an employer fails to perform a core part of the deal, such as refusing to pay your salary. This may allow you to treat the contract as terminated. A minor breach involves fewer central terms that still cause you financial harm.
• Constructive discharge: If your employer violates your agreement through a demotion or salary cut, they may be trying to force you to quit. This is known as constructive discharge.
• Anticipatory breach: This happens when an employer announces they will not fulfill a future obligation, such as a scheduled year-end bonus. You do not always have to wait for the deadline to pass before taking action.

Has your employer told you that it is too late to follow up on a missed payment? Under RSMo Section 516.110, you generally have up to 10 years to collect on written payments. In addition, RSMo Section 408.020 states that unpaid employees may receive 9% interest on money due and payable in a written contract.

The Step-By-Step Approach To Breach Of Contract Claims

Standing up to a breach of contract can seem overwhelming. Our employment law attorneys are here to break down the legal process in a way that is easy to understand. Broadly put, these are the steps involved in a breach of contract dispute:

1. You and your breach of contract attorney review your contract to pinpoint the violation.
2. Send a formal demand letter to your employer.
3. Attempt to settle the issue in private negotiations or mediation.
4. If the employer refuses to offer a fair settlement, proceed to court in a lawsuit.

Our team resolves most cases out of court. Even if we litigate your claim, we handle every step so you can focus on your life.

Handling The Unique Issues Of Executive Employment Contracts

We regularly represent executives in breach of contract cases in Missouri and Kansas. We are familiar with the unique issues that may arise in the context of contractual disputes and termination disputes involving upper-level managers and executives.

While most employment contracts are governed by the at-will employment doctrine, which enables employers to terminate employees for any reason or no reason at all – subject to antidiscrimination laws and other prohibited employer conduct – executive contracts often contain clauses that prohibit termination except for cause.

All too often, employers terminate executives without adequate cause. In some cases, an executive may clash with established corporate culture or may not live up to unrealistic expectations. The question, however, is whether the actual cause is present to justify an employment discharge. Cases involving the interpretation of complex contract language and the subjective expectations of employers are highly complex and should be handled by an experienced employment law attorney.

What Are Some Examples Of Damages And Legal Remedies?

A successful claim should put you back in the financial position you expected to be in. Different breaches allow for different types of recovery depending on your specific contract terms. For example:

• Liquidated damages: Predetermined amounts specified in the contract for certain breaches.
• Expectation damages: Money that puts the employee in the position they would have been in had the contract been honored. These are the most common remedies.
• Specific performance: Though rare in employment contracts, these force the employer to fulfill a specific nonmonetary part of the agreement.
• Attorneys’ fees: Clarify if the contract allows for the recovery of legal fees, which is a major pain point for clients.

Working with one of our experienced employment lawyers ensures you do not leave money on the table. We fight to ensure the court holds the corporation responsible for every dollar owed.

Our Experience And Results Showcase Our Capabilities

We encourage you to view our results. We are attorneys with a proven record of results in complex employment litigation. We have secured many sizeable settlements and awards on behalf of employees who have been mistreated by their employer.

Schedule A Meeting With A Breach Of Employment Contract Lawyer

You can rely on Holman Schiavone, LLC, for the dedicated representation you require in an employment breach of contract dispute. Please call us today at our Plaza area office in Kansas City at 888-493-5074 or email us to schedule a meeting with an employment law attorney.