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A contract of employment is a legally binding document that outlines the terms and conditions of an employment agreement between an employer and an employee. The contract is usually put in place to protect both parties, and it can only be altered with the agreement of both parties.

However, a breach of employment contract can occur when either party fails to uphold their end of the agreement. In Texas, a breach of employment contract can result in legal action by the affected party.

Types of breach of employment contract in Texas

There are different types of breaches of employment contracts in Texas, and they include:

1. Non-payment of wages or salaries

One of the most common types of breach of employment contracts in Texas is non-payment of wages or salaries. Employers have a legal obligation to pay their employees the agreed-upon amount at the agreed upon time. Failure to do so is considered a breach of the employment contract.

2. Failure to provide benefits

An employment contract may stipulate provisions for employee benefits, including health insurance, paid time off, retirement plans, and more. If an employer fails to provide these benefits as agreed upon in the contract, it may be considered a breach of the employment contract.

3. Violation of non-compete and non-disclosure agreements

It is common for employment contracts to contain provisions that prohibit employees from competing with their employer or sharing confidential information with third parties. When an employee breaches these agreements, it can lead to legal action by the employer who is affected.

4. Wrongful termination

An employer may be in breach of an employment contract if they wrongfully terminate an employee without just cause or without following the correct procedure. Employees who have been wrongfully terminated may have the right to seek legal remedies.

Remedies for breach of employment contract in Texas

If a breach of employment contract occurs, there are various remedies available to the affected party. These remedies include:

1. Lawsuits

The affected party has the right to sue the party in breach of the employment contract to recover damages.

2. Resolution via mediation or arbitration

Parties in breach of an employment contract can also engage in mediation or arbitration proceedings as a means of resolving the dispute.

3. Specific performance

In some cases, the affected party may seek specific performance to enforce the terms of the employment contract. This may include requiring the employer to provide certain benefits or to allow the employee to return to work.


Employment contracts are an essential aspect of the employment relationship, and they are designed to protect both parties. If a breach of employment contract occurs, the affected party has legal remedies available to them. It is, therefore, important to ensure that employment contracts are correctly drafted and reviewed by qualified legal professionals to avoid disputes.