An employment contract is an agreement between the employer and the employee. It is a legally binding document and sometimes considers the implications which are not written in the employment letter. For example,- the employer does not pay the wages or steal money from the staff’s salary.
Here we will discuss breach of contract by an Employee.
Employers can always notify the employee about their act of breach and the implications. This can be considered a warning and cautions employees for future actions. The breach of employment letter also presents the employee an opportunity to clear the misunderstanding or resolve the doubts if they have any.
Organizations understand that not every breach of employment needs legal proceedings or court to get involved. Taking legal action often leads to counterclaims from the employee. The minor breach of employment can be resolved internally without litigation. Often proper communication can resolve the issue. The employer can send the employee a breach of employment letter to address the problem.
The breach of employment letter may make employees aware of the behaviour, and they can take corrective action. When employees think there is a misunderstanding from the employer’s end, the employee gets a chance to bring clarity to the matter.
The employment letter can give a common reference point to both the employee and the employer to make the communication fruitful.
Let’s discuss a few points that must become a part of the breach of employment letter given to an employee.
Never forget to mention the subject in any formal communication. State the subject of the letter clearly.
Start the body of the letter with the name of the employee you are addressing. This makes it look specific and eliminates the possibility of confusion.
For example, employees might have unintentionally breached company policies, and if they do not see their name, it can be confused as a general warning, or they will think there is some mistake.
State the action or the lack of action that caused the breach of employment. Make it simple and precise to provide employee clarity in the matter.
Tell employees what action the company is about to take in response to the breach.
Is it a warning? Or are the employees getting penalized?
In the case of minor issues and previous good performance from the employee, you can mention the given consideration.
Breach of employment contracts often has a profound effect on the employee’s career. Make sure you keep the communication open for them to reach a common solution.