Good afternoon, Gunther,
Sometimes, an employee has benefits or pension plans with an employer which have not yet vested because, for example, the employee would have to be with the employer for say, 5 years and a new employer induces him to leave the present employer by promising him better benefits, larger pension, etc. But, these do not materialize with the new employer, but because the employee has left the old employer, he lost the 4 1/2 years he had put in towards the 5 years when his pension would have "vested". These are only examples; I am giving them to you to give you an idea of what it is possible to lose with an old employer if a new employer induces him with big promises which never materialize.
2. Damages do not include time looking for a new job. Damages would be, for example, You were given a written Employment Agreement signed by you and your employer under which you would receive the following:
A. Salary of $104,000 per year;
B. Benefit of profit sharing after 6 months and this benefit has a value of $10,000 per year;
C. A Guarantee of employment in this position for 2 years with raise of $30,000 after 12 months;.
But, contrary to the written Employment Agreement, the new employer had with you, he lowered your salary to $75,000 and did not allow you to participate in the profit sharing which he promised and agreed to, so you lost another $10,000 right there. So, you decide to resign in July, 2013 and find another job.
1. The salary you are losing from the date they lowered the dalary until the date you find another position paying the same salary
2. $10,000 in profit sharing;
3. Raise you would have earned after the first year,
You understand the general idea, right ? Basically, it is the difference between what the Employer promised in the Employment Agreement and what you are actually receiving,
Good afternoon, Gunther,
It is very unusual for an employer to go back on his word if he has signed an employment Agreement with the employee which sets forth the terms of the employment relationship such as, salary, responsibilities, benefits, circumstances under which the employee can be terminated, or his salary modified, etc. It is usually when the employer has not put these important terms in writing and has not signed an Employment Agreement with the employee that he will go back on his word.
And, inducing you to leave your previous employer which you did based on your reliance on his offer, exposes this employer to even greater liability to you.
If the written Employment Agreement did not provide for a modification of your salary, or the terms of your employment, then your recourse is to sue the employer for breach of contract and recover damages. The damages would also include what you lost by leaving your previous employer because of the representations this employer was making to you in order to induce you to leave your previous employer.
You could also sue him for Specific Performance of the contract, but now that you know that he is not very ethical and is not a man of his word, I doubt that you would want to remain in his employ and you would probably prefer to sue for damages for breach of contract. But, I wanted to present both options that were available to you, the employer is in breach of contract and you,
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