Thousands of employees in Minnesota have relationships with their employers that are based on an employment contract. These agreements can cover a whole range of issues, such as compensation, benefits and the scope of job assignments. They can also cover the ways in which the employment contract can be terminated by the employer.
If you were an employee who had an employment contract and have been terminated from employment, is there a possibility that the termination was in violation of the terms of the contract? Perhaps. But, depending on how the contract was drafted, the termination provisions in these types of contracts can be very employer-friendly. If the employee did not take advantage of the chance to have his own attorney review the contract before it was signed to add input from the employee’s standpoint, there is a chance that the termination of employment may have been valid.
However, there are instances when a termination of employment is in violation of the terms of an employment contract. Typical termination clauses in an employment contract allow the employer to terminate the contract if the employee violates any of the terms of the agreement. But, a “violation” of the terms could be a form of interpretation. That is where a dispute between employee and employer could arise and the employee may have a valid wrongful termination claim.
Employment contracts can be a powerful tool for employees – more so than the terms of employment for “at will” employees. However, it is important to make sure that these agreements are properly drafted before they are signed.