Employment begins with a contract that is a legally binding agreement between the employer and the employee. When discussing employment violations, it is important to discuss “at-will” employment. Generally, if there is no signed employment contract, then the law will treat the employee as “at-will”. “At-will” employment means that the employer can terminate an employee at any time for any reason. However, the employer cannot terminate an employee for an illegal reason. State and Federal laws protect employees from being discriminated against based on certain categories, such as race, national origin, religion, gender, sexual orientation, or disability.
The Employment Contract
Employment contracts can occur in implied, oral, or written form. When the employer breaks the existing employment contract, then the employer has breached the contract.
Breach of Employment Contract
The first step is to find the employment contract. If your employer fires you before the end of your contract, or if they fail to deliver on other promises made or implied by the contract, then they are in breach of contract.
In general, employment contracts cover wages/salaries, length of employment, expected duties of the employee, benefits, and severance payments. If an employer fails to provide the set conditions in the employment contract, then the employer has breached the contract and there are legal remedies available for the employee.
It is important to note that you don’t have to sue your employer if they’re willing to negotiate a beneficial severance agreement with you. Our attorneys at Victory Law Group, LLP can help you negotiate a settlement agreement with your employer to ensure you receive the maximum compensation you deserve.
An Employment Lawyer Can Help You With Your Breach of Contract Case
Whether your employment contract is written, implied, or oral, you have the right to sue for breach in the state of California. This applies whether you have been wrongfully terminated or have endured a breach of contract by your employer. You will want an attorney experienced in California employment law by your side.
If you feel you have been wrongfully terminated or your employer breached its contract, contact Victory Law Group, LLP. We will fight to ensure your employment rights are protected and will fight hard by your side to provide you legal remedies to your employment situation.