Navigating the world of work can sometimes get complicated, and unfortunately, that can lead to situations where an employment contract isn't followed as it should be. When this happens, it's called a breach of contract. To help you understand what this looks like and what to do, we'll be exploring what goes into a Breach Of Employment Contract Letter Sample, breaking down its purpose and how it's used in different scenarios.
What is a Breach Of Employment Contract Letter Sample?
A Breach Of Employment Contract Letter Sample is essentially a formal document that clearly states one party in an employment agreement has not met their obligations. Think of it like a written notice that says, "Hey, this part of our agreement wasn't kept." It's a crucial step for either the employer or the employee to officially document the issue and often serves as a precursor to further action, like trying to resolve the problem or even taking legal steps.
The importance of having a written record of a breach cannot be overstated. It provides evidence of what happened, when it happened, and what the consequences might be. This letter is not just about pointing fingers; it's about fairness and ensuring that employment agreements are respected. Here’s a breakdown of what such a letter typically includes:
- Clear identification of the parties involved (employer and employee).
- Specific details of the employment contract that have been violated.
- Date of the alleged breach.
- The impact or consequences of the breach.
- A proposed solution or next steps.
Sometimes, it can be helpful to see what these letters look like in real life. Here’s a small table showing common types of breaches:
| Type of Breach | Brief Description |
|---|---|
| Non-Payment of Wages | Employer fails to pay earned salary or wages. |
| Breach of Confidentiality | Employee shares sensitive company information. |
| Violation of Non-Compete Clause | Employee works for a competitor after leaving the company. |
Breach of Contract: Employer Fails to Pay Wages
Date:
[Date]
Employee Name:
[Employee Name]
Employee Address:
[Employee Address]
Employer Name:
[Employer Name]
Employer Address:
[Employer Address]
Subject: Formal Notice of Breach of Employment Contract - Non-Payment of Wages
Dear [Employer Name],
This letter serves as formal notification that you are in breach of my employment contract dated [Start Date of Employment]. Specifically, my contract stipulates that I am to be paid a salary of [Agreed Salary] on a [Payment Frequency, e.g., bi-weekly, monthly] basis.
As per my records, I have not received my salary for the period of [Start Date of Period Not Paid] to [End Date of Period Not Paid]. This includes the expected payment on [Date Payment Was Due]. The total amount owed to me is [Total Amount Owed].
This failure to meet your contractual obligation to pay my earned wages is a serious breach. I kindly request that the full amount owed be paid within [Number] days of the date of this letter. Please provide confirmation of the payment once it has been processed.
If this matter is not resolved promptly, I will be forced to consider further action to recover the wages owed to me, which may include seeking legal advice.
Sincerely,
[Employee Name]
Breach of Contract: Employee Violates Confidentiality Clause
Date:
[Date]
Employee Name:
[Employee Name]
Employee Address:
[Employee Address]
Employer Name:
[Employer Name]
Employer Address:
[Employer Address]
Subject: Formal Notice of Breach of Employment Contract - Violation of Confidentiality
Dear [Employee Name],
This letter is to formally notify you that you are in breach of your employment contract, signed on [Start Date of Employment], specifically Clause [Clause Number or Description] concerning confidentiality.
It has come to our attention that confidential company information regarding [Briefly Describe the Information, e.g., upcoming product launch, client list, proprietary technology] has been disclosed to [Name of Third Party or Group, if known, or "unauthorized individuals"]. This disclosure occurred on or around [Date of Disclosure, if known].
Your employment contract explicitly prohibits the unauthorized disclosure of such information. This action is a direct violation of the terms we agreed upon and has potentially significant implications for our business.
We require an immediate cessation of any further disclosure of confidential information. We also request a written explanation of your actions within [Number] days of the date of this letter. Depending on the outcome of our investigation, further disciplinary action, up to and including termination of employment, may be taken.
Sincerely,
[Employer Name/HR Department]
Breach of Contract: Employee Fails to Adhere to Non-Compete Agreement
Date:
[Date]
Employee Name:
[Employee Name]
Employee Address:
[Employee Address]
Employer Name:
[Employer Name]
Employer Address:
[Employer Address]
Subject: Formal Notice of Breach of Employment Contract - Violation of Non-Compete Clause
Dear [Employee Name],
This letter serves as formal notification that you are in breach of your employment contract dated [Start Date of Employment], specifically the non-compete clause agreed upon as part of your employment.
Our records and investigations indicate that you have recently begun employment with [Name of Competitor Company], a direct competitor of [Your Company Name]. This action is in direct violation of Clause [Clause Number or Description] of your contract, which prohibits you from engaging in similar work for a competitor within [Geographical Area] for a period of [Duration] following the termination of your employment on [Termination Date].
This breach is serious and undermines the protections we sought to establish through the non-compete agreement. We require you to immediately cease any activities that violate this clause.
We are seeking a written commitment from you within [Number] days of this letter, confirming that you will cease your employment with [Name of Competitor Company] and adhere to the terms of the non-compete agreement. Failure to comply will result in us pursuing all available legal remedies to protect our business interests.
Sincerely,
[Employer Name/Legal Department]
Breach of Contract: Employer Changes Job Duties Without Agreement
Date:
[Date]
Employee Name:
[Employee Name]
Employee Address:
[Employee Address]
Employer Name:
[Employer Name]
Employer Address:
[Employer Address]
Subject: Formal Notice of Breach of Employment Contract - Significant Change in Job Duties
Dear [Employer Name],
This letter is to formally notify you that I believe my employment contract, dated [Start Date of Employment], is being breached due to a significant and unagreed-upon change in my job duties.
My contract clearly outlines my responsibilities as [Original Job Title] to include [List 2-3 Key Original Duties]. However, over the past [Time Period, e.g., few weeks, month], I have been consistently assigned duties such as [List New Duties]. These new responsibilities are substantially different from and outside the scope of what was originally agreed upon in my contract.
This change in my role is effectively a constructive dismissal, as it alters the fundamental nature of my employment without my consent. I have attempted to discuss this matter with [Name of Supervisor or HR Representative] on [Date(s) of previous discussions], but the situation has not been rectified.
I request that my original job duties be reinstated, or that we engage in a formal discussion to renegotiate my contract to reflect these new responsibilities. I expect a response and a proposed resolution within [Number] days of the date of this letter.
Sincerely,
[Employee Name]
Breach of Contract: Employer Violates Termination Clause
Date:
[Date]
Employee Name:
[Employee Name]
Employee Address:
[Employee Address]
Employer Name:
[Employer Name]
Employer Address:
[Employer Address]
Subject: Formal Notice of Breach of Employment Contract - Violation of Termination Provisions
Dear [Employer Name],
This letter serves as formal notification that you are in breach of my employment contract dated [Start Date of Employment], specifically regarding the termination provisions outlined in Clause [Clause Number or Description].
My contract states that in the event of termination by the company, I am entitled to [State what the contract says, e.g., a minimum of X weeks' notice, severance pay equivalent to Y months' salary]. I was terminated on [Termination Date], and I have not received the [Notice/Severance Pay] as contractually obligated.
The failure to provide the agreed-upon [Notice/Severance Pay] constitutes a breach of our contract. I request that the full amount of [State the specific amount of notice pay or severance pay owed] be paid to me within [Number] days of the date of this letter.
If this matter is not resolved within the specified timeframe, I will be compelled to explore all available legal avenues to recover the compensation due to me as per our agreement.
Sincerely,
[Employee Name]
Breach of Contract: Employee Misrepresents Qualifications
Date:
[Date]
Employee Name:
[Employee Name]
Employee Address:
[Employee Address]
Employer Name:
[Employer Name]
Employer Address:
[Employer Address]
Subject: Formal Notice of Breach of Employment Contract - Misrepresentation of Qualifications
Dear [Employee Name],
This letter is to formally notify you that you are in breach of your employment contract, dated [Start Date of Employment], due to misrepresentation of your qualifications during the hiring process.
During your application and interview process, you represented that you possessed [List specific qualifications, e.g., a degree in X, Y years of experience in Z, specific certifications]. Our recent investigation has revealed that this information is false, and you do not meet the required qualifications for the [Your Job Title] position.
The accuracy of your qualifications was a material term of your employment contract. Your misrepresentation constitutes a significant breach of this agreement.
We require an immediate written explanation for this misrepresentation within [Number] days of the date of this letter. Based on the findings of our investigation and your response, we will determine the appropriate course of action, which may include termination of your employment.
Sincerely,
[Employer Name/HR Department]
Breach of Contract: Employer Fails to Provide Promised Benefits
Date:
[Date]
Employee Name:
[Employee Name]
Employee Address:
[Employee Address]
Employer Name:
[Employer Name]
Employer Address:
[Employer Address]
Subject: Formal Notice of Breach of Employment Contract - Failure to Provide Promised Benefits
Dear [Employer Name],
This letter serves as formal notification that you are in breach of my employment contract dated [Start Date of Employment]. Specifically, the contract outlines that I am entitled to [List the specific benefits promised, e.g., health insurance, retirement contributions, annual bonus] as part of my compensation package.
Despite these contractual obligations, I have not received [Specify the benefit not provided, e.g., the health insurance coverage, the retirement contributions for the period of X, the promised annual bonus for Y year]. I have attempted to resolve this issue by [Mention any previous attempts, e.g., speaking with HR on Z date], but the benefits have not been provided.
The failure to provide these promised benefits is a direct breach of our employment agreement. I request that the outstanding benefits be provided immediately. Please confirm in writing within [Number] days of this letter that the necessary steps are being taken to rectify this situation and provide the promised [Specify the benefit again].
If this matter is not resolved promptly, I will be forced to consider further action to secure the benefits contractually due to me.
Sincerely,
[Employee Name]
In conclusion, understanding a Breach Of Employment Contract Letter Sample is vital for both employees and employers. These letters are official tools used to address situations where agreements aren't being upheld. Whether you're the one receiving such a letter or needing to send one, it’s important to approach the situation with clarity, facts, and a desire for resolution. Always remember that proper documentation is key, and seeking advice when needed can help ensure that employment relationships remain fair and legally sound.