Employment contracts govern the employment relationship between an employee and his or her employer. Whether an employment contract is written, implied or oral, a California employment contract can be a source of litigation when an employer breaches, breaks or otherwise violates the agreement.
Breaches of employment contracts most often occur when an employer fires an employee, or the employment relationship otherwise breaks down.
When a breach of an employment contract occurs, consult a Los Angeles breach of contract lawyer for free advice immediately. This will then preserve all your rights and allow you to discuss your best legal options. The Los Angeles, CA, employment law firm of Kesluk, Silverstein, Jacob & Morrison, P.C. thrives on providing effective legal representation. Strict, firm, and intimidating, our breach of contract lawyers in Los Angeles are no-nonsense when it comes to making sure the law and employee rights are respected in all types of contract disputes.
Written employment contracts in California are rare. In many instances, it is only highly paid sports stars, models and actors who get the benefit of written employment contracts. However, any written employment contract binds the parties to certain terms and conditions.
In many cases, different employees may enter into different employment agreements with their employers depending on their unique situation. For example, in a recent case, our law firm represented an employee who filed a lawsuit against both her former employee and her workers’ union for breach of contract. When she was promoted, this employee entered into a Seniority Agreement with her employer, which allowed her to resume her former position in the event of a reduction in the workforce. However, she was later laid off without being given this option, and her union representative failed to pursue an action on her behalf.
Many employees contested these layoffs, but the plaintiff had a unique employment contract, separating her claim from the class action. In this case, the Court of Appeals reversed an earlier decision against our client, ruling her Seniority Agreement legally binding. The evidence in the case was a series of emails detailing the agreement. Therefore, any contract you enter into regarding your employment, including contingencies in the event of layoffs, should protect your rights.
When the employer breaches one of these written contract terms, California employment laws provide remedies for the employee. These remedies may include lost wages and benefits if an employment contract ends early due to the employer’s actions.
Oral employment contracts are among the most problematic issues in employment law. This is simply because they may be totally unenforceable. Typically, the spoken words of the parties are the only proof of an oral contract.
In an oral employment contract dispute, each party likely believes a different version of the events that actually occurred. With little or no concrete proof of the existence of an oral employment contract, it is extremely difficult to prove that a breach of the contract occurred. Learn more about enforcing oral contracts in California here.
To prove a breach of contract, you must show that the other party failed to meet their legal obligations under a valid agreement. This typically involves demonstrating several key elements:
No matter the type of employment contract involved, an employee who believes that his or her employer has breached a contract may have legal remedies under California employment laws. A breach of contract attorney in Los Angeles will ensure you receive all of these remedies through the legal system. He or she can give you guidance through any litigation related to the breach of an employment contract. Submit a confidential claim review form, or call us today to schedule your free employment law attorney review.
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