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REPRESENTING EMPLOYEES FOR OVER 25 YEARS Fair Employment Legal Services, S.C. Attorney John D. Uelmen
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Breach of ContractEmployment contracts for a set term often provide that an employee can only be terminated "for cause." What constitutes "cause" can vary from contract to contract, but generally the terms "cause," "just cause" and "good cause" are synonymous. " Cause" can include an inexcusable substantial violation by an employee of instructions, neglect of duty of a substantial character, or misconduct inconsistent with the employment relationship that might injuriously affect the employer's business. The employer usually has the burden to prove that there is "cause" to terminate the employment agreement. An employee who is terminated while working under such an employment agreement can usually maintain an action for breach of contract if the employer cannot prove that the termination was for "cause." An oral contract or an employment contract that is terminable at will can serve as the basis for a breach of contract action if the employer has failed to provide the promised pay or benefits. Similarly, an action for intentional interference with a contractual relationship can be brought if a third party interferes with an employment relationship, even if the relationship is terminable at will. For More Information Contact: |
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