Our employee attorneys represent employees who had a contract for employment with their employer, and the contract has been breached. The contract should be in writing. It is best if the contract at issue is in writing and looks like a contract. However, today, contracts may be formed by text messages. They can also be formed by email. Whatever the case, employment contracts must be relatively clear and definite. Terms that are too elusive or do not seem to be agreed are not enforceable.
for an experienced employee Breach of Contract Lawyer
These days it is easy for a potential client to use a phone app to PDF their employment contract to us if they are not able to PDF or fax it. It is important that an experienced employee breach of contract lawyer be able to read the employment contract. Hearing an employee’s explanation of the terms may or may not be helpful or accurate. Many employment contracts contain exceptions and clauses that render the contract not what the employee thought it was. Some contracts are very long and contain attachments. It is important that a qualified employee attorney be given the time to review the terms of the employment contract at issue.
As you might expect there are an infinite number of ways an employment contract can be breached. Ending the contract before its expiration date is a common breach our employment lawyers sue for. In these cases it is important to determine what the term of the contract is. This means how long is the contract for. Is there a clause that allows the employer to terminate the contract with 30 days notice even if the contract is for a period of years? This unfortunately is typical in employment contracts. Employees think they have a good contract guaranteeing them a job for years only to find out the employer can end their job with 30 days notice.
Contract breaches also include the failure to pay the wages promised. We have handled cases in which the employee is not paid the promised wage. We have also handled cases in which the employee has not been paid the commissions the contract specified they must receive. In California, commission agreements are supposed to be in writing. If they are not, there are California Labor Code penalties.
Interruptions in the contract are also breaches. If an employer is making it impossible for the employee to perform because they are refusing to fulfill the employee’s sales that is probably a breach. Any situation where the employee is being prevented from fulfilling their end of the contract is probably a breach.
Obviously, however, there has to be a valid employment contract in order for there to be a breach. Situations in which the party who was offered the contract refused to ever sign the contract are problematic. Situations in which the contract is based upon emails or text messages from somebody without authority to enter into the contract are problematic. Mere oral promises are problematic if the company has an employee manual that states the employees are at-will and only the president of the company can enter into an employment contract. Moreover, the employment application or other documents signed during employment may state the employee is at-will which means they do not have a contract for employment. We are willing to talk to employees about whether what they think they might have is a valid contract. call 877-525-0700.
Terminated employment contracts often go hand-in-hand with a job termination. If the contract is terminated in order to avoid paying the employee under the contract that is wrongful termination https://jobterminationlaw.com/unfair-job-termination-lawyer/. A mere failure to renew a contract, however, is not necessarily a breach of the contract. If the failure to renew is due to a complaint about something illegal including a failure to pay wages or commissions that too may be wrongful termination.
How do you know when your employment contract has been terminated? The easy example is your employer asks for the keys back and gives you a final paycheck. The more elusive situations involve employers who are hoping the employee quits. Those situations demand a call to an experienced employment lawyer at 310-842-8600.
Examples of terminated employment contracts include:
• An employer who just stops paying the employee the agreed to sum under the contract
• An employer who stops doing the particular thing the employee was hired to do under the contract
Some of our breach of employee contract case results include:
$1,150,000 for breach of a commission agreement
$125,000 for an high tech employee whose employer stopped paying the agreed to sum and then claimed the employee quit because after months the employee said they could not work for free
In Los Angeles County we have offices in
Downtown Los Angeles, Torrance, and Sherman Oaks call us today to start your breach of contract lawsuit
CALL US AT 877-525-0700