Over $274M - that’s how much the U.S. Department of Labor recovered in 2023 alone for workers affected by contract violations.
Proof that employment breaches are more common than most people think.
Your employment contract is legally binding - so when it's broken through unpaid wages, role changes, or withheld benefits, it can impact your income, career, and peace of mind.
If you’re in this position, knowing how to respond professionally, starting with a strong, well-structured complaint letter, can make all the difference.
This guide walks you through 5 clear steps to help you assert your rights, document the breach, and pursue a fair resolution.
Understanding Breach of Employment Contract
A breach of employment contract occurs when either the employer or employee fails to fulfill one or more terms outlined in the signed agreement. Common instances include:
- Pay Discrepancies: Not receiving the agreed-upon salary, bonuses, or overtime pay
- Altered Job Roles: Significant changes to your duties or responsibilities not agreed upon or outside the scope of your contract
- Benefit Issues: Failure to provide promised benefits like health insurance, retirement contributions, or paid time off as per the contract
- Unfulfilled Promises: Not delivering on specific contractual promises, such as training opportunities or a promised promotion timeline if explicitly stated
If you're facing such a situation, here are the steps to take:
Step 1: Thoroughly Review Your Employment Contract
Before you write anything, your first action is to meticulously review your employment contract and any related addendums or official company documents that form part of your employment terms.
- Identify the Specific Clause(s): Pinpoint the exact section(s) or clause(s) in your contract that you believe have been violated. Note the specific wording.
- Understand Your Rights and Obligations: Be clear on what the contract states regarding the issue at hand, both for you and your employer.
- Note Any Amendment Procedures: Some contracts outline how changes can be made. If your employer deviated from this, it might also be relevant.
Having a clear understanding of the contractual language is foundational to your complaint letter.
Also Read: How to write a complaint letter for workplace harassment or discrimination?
Step 2: Gather Concrete Evidence of the Breach
A claim of contract breach needs to be substantiated with evidence. Your complaint letter will be significantly stronger if you can back up your assertions.
- For Pay Discrepancies: Collect pay stubs, bank statements, your offer letter, the employment contract detailing salary/bonus structures, and any correspondence related to your compensation.
- For Altered Job Roles: Gather your original job description, the employment letter section detailing your role, any written communications (emails, memos) about changes to your duties, and examples of tasks you're now required to do that fall outside your contractual obligations.
- For Benefit Issues: Collect benefit enrollment forms, company policy documents detailing benefits, the relevant contract clauses, and any correspondence regarding the missing benefits.
- Keep a Log: Maintain a dated log of events, conversations (who, what, when, where), and any attempts you've made to resolve the issue informally.
Pro Tip: Organize your evidence chronologically. This will make it easier to present your case clearly in the letter and if further discussions are needed. Ensure all documents are legible copies, not originals, when submitting.
Step 3: Clearly Articulate the Breach and Its Impact
Once you have your contract clause(s) and evidence, you need to clearly explain the breach in your letter.
- State the Specific Breach: Clearly reference the contract clause and explain exactly how your employer has failed to meet that obligation.
Example (Pay): "Clause 4.1 of my employment contract, dated [Date], states my annual salary is $XX,XXX, payable in bi-weekly installments. However, my pay stub for the period ending [Date] reflects a gross pay of $Y,YYY, which is [Amount] less than the contractually agreed amount for that pay period."
Example (Role Change): "As per Appendix A of my employment contract ('Job Responsibilities'), my role as 'Marketing Specialist' is defined by tasks X, Y, and Z. Since [Date], I have been consistently assigned duties typical of a 'Sales Manager,' including [list specific new duties], which are not outlined in my contract and represent a significant alteration of my agreed-upon role without my written consent as required by Clause 12.2."
- Detail the Impact: Explain the consequences of this breach on you.
Example: "This unexpected reduction in pay has caused significant financial strain." or "The assignment of these new, uncontracted duties has increased my workload beyond reasonable expectations and has prevented me from focusing on my core contractual responsibilities."
You may find that the overall structure of your letter should follow a formal letter format to ensure professionalism.
Step 4: Define Your Desired Resolution
Your letter should clearly state what you want the company to do to rectify the breach. Be specific and reasonable.
- Corrective Action: What specific action will fix the problem?
Example (Pay): "I request immediate rectification of my pay to reflect the contractually agreed amount, and full back pay for the underpaid amounts from [Start Date of Issue] to the present."
Example (Role Change): "I request that my job duties be immediately realigned with those specified for the 'Marketing Specialist' role in my employment contract. Alternatively, I am open to discussing a formal amendment to my contract, including appropriate compensation adjustments, to reflect the new responsibilities, should the company wish for these changes to be permanent."
- Timeline (Optional but helpful): You might suggest a reasonable timeframe for a response or action.
Example: "I would appreciate a written response to this complaint and a proposed plan of action within ten (10) business days."
Step 5: Structure and Write Your Complaint Letter Professionally
Now, assemble all the information into a formal, professional letter.
- Your Details & Recipient Details: Include full names, titles, departments, and the date.
- Clear Subject Line: E.g., "Formal Complaint: Breach of Employment Contract Regarding [Specific Issue, e.g., Salary Discrepancy]."
- Professional Salutation: "Dear [Mr./Ms./Mx. Last Name or HR Department],"
- Introduction: Briefly state the purpose of your letter - to formally complain about a breach of your employment contract.
- Body Paragraphs: Use the information from Steps 1-4. Dedicate separate paragraphs to: The specific contract clause(s). The details of the breach (with dates, facts, evidence references). The impact of the breach on you. Your desired resolution.
- Professional Tone: Maintain a calm, factual, and respectful tone throughout, even though you may be frustrated. Avoid emotional language, accusations, or threats. Stick to the facts of the breach.
- Clarity and Conciseness: Be clear and to the point. Avoid jargon where possible, or explain it if necessary.
- Closing: Use a professional closing like "Sincerely," or "Respectfully," followed by your signature and typed name.
- Proofread: Thoroughly check for any errors in grammar, spelling, dates, or figures before sending.
Pro Tip: Have a trusted colleague or friend (who understands professional communication) review your letter for clarity and tone before you send it. They might catch something you overlooked.
Conclusion: Protecting Your Contractual Rights
Addressing a breach of your employment contract requires a clear, factual, and professional approach.
By reviewing your contract, collecting evidence, outlining the breach, stating your resolution, and writing a clear complaint letter, you set yourself up for a fair outcome.
Once your letter is ready, send it through a channel that provides proof of delivery (like email with a read receipt or certified mail), and keep a copy for your records. Allow time for a response, and follow up professionally if needed.
And if you're preparing to move forward, whether it's for a new role or to strengthen your current position, Hiration can help with everything from building polished resumes and cover letters to practicing for interviews.
Whatever’s next, make sure you’re ready for it.
