Breeched contract

UPDATED: Sep 30, 2022

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Breeched contract

The company I work for selected me for a training program for a higher position. Rules of the contract stated that the company agreed to have me trained by May 4th, 2017. It is May 12, 2017 and every time I ask if I can train, or go in on my day off to train, I am told no. I have met one milestone out of 4, when I should have been completed. They have refused me time and time again of being allowed to train, although the contract said they agreed to train me. What can I do about this?

Asked on May 13, 2017 under Employment Labor Law, Missouri


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

What contract are you referring to? If it is a written contract between you and the employer, you could potentially sue them for breach of contract--but make sure that it's worthwhile to do so. Remember, a contract is only enforceable as to its plain or actual terms, so if the contract guarantees you training but does not guaranty you a raise or promotion, you could potentially sue to get the training, then get nothing else beyond that--and whether it's worth suing your employer or taking legal action against them just for the training is debatable. So review the contract to see if taking legal action for what's in the contract is actually in your interest.
If the contract is between the employer and someone else, not you--e.g. between them and a staffing agency that you came from; between them and a company providing the training; betwween them and a customer or client--you most likely cannot enforce it, since you are not a party to it and would have enforceable rights under someone else's contract.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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