Would this constitute breach of contract?

[BigDaddyJinx]

Greetings. I have a quick question about a possible breach of contract situation. Of the few I've spoken with so far, the concensus is that yes, it's breach, but I like as many opinions (qualified and otherwise) as possible.

The scenario is quite simple. Employer gets employee to sign a severance agreement. Contained in the agreement is the premise/mention/stipulation/etc that unused vacation time would be paid out as well. Vacation time wasn't paid out - in fact was deliberately withheld citing "no need to pay". We had to pursue them through a third party Government agency to get them compelled to pay these monies owed.

Does that, or does that not constitute breach of contract (on behalf of the Employer)?

Any feedback welcome.

 

[mannymandy]

less

On that specific angle, it does constitute a breach of contract. But when you want to pursue a claim based on that, I doubt that it will be a good option. You may opt to file other possible employment law violation and not merely on contractual breach which is less of an option.

 

[cbg]

It would be incredibly irresponsible for anyone here to say yes, it is or no, it is not, unless they have read the document in its entirely AND have a knowledge of contract law in your state.

 

[BigDaddyJinx]

I should have mentioned, I'm in Canada. Alberta specifically.

As for the contract itself, it's a severance agreement so I can't disclose the full details as of yet. However, in this severance agreement it was made clear that we (I) would be paid out for any vacation time accrued and not taken/unused vacation time. They did not pay me out, and I had to pursue them through a Government agency which I'm still in the process of as we speak.

Because I had to chase after them, and they didn't pay me willingly as indicated in the agreement, this is why I asked if it would constitute breach.

 

[cbg]

I don't think anyone here has any knowledge of Canadian contract law.

We cannot advise you on a document we have not read.

 

[BigDaddyJinx]

Thanks cbg. I figured it would be a delicate matter anyways as I can't post any part of it unless I'm sure the whole thing is moot.

I've since decided to contact local Lawyers in my area for a consultation.

In the meantime, my common sense tells me that if they agreed to pay it, but I had to pursue them instead, this would indeed constitute a breach. Telling somone one thing and then forcing them to do another...it seems pretty clear.

I'll update my thread with news once I speak with my Lawyer. If not for anything else, it'll shed some light on it for all.

 

[BigDaddyJinx]

Just a quick update - I'm speaking with a Lawyer about this possible breach of contract in early January. I'd like to post the results after my meeting with them. It may help others if the news is favorable.