Breach of Contract Lawyer California

Elements of a Written Employment Contract Breach in California

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 sets forth certain terms and conditions by which the parties have agreed to be bound.

Some common terms in written employment contracts include:

• Specified periods of employment
• Certain rates of pay
• Duties both parties must perform

When the employer breaches one of these written contract terms, California employment laws provide remedies for the employee, such as lost wages and benefits, if an employment contract ends early due to the actions of the employer.

California Breach of the Implied Employment Contract Cases

An implied employment contract is far more common than a written employment contract. Implied employment contracts occur when circumstances imply that a contract exists and there are oral statements that support these implications. Some circumstances that give rise to an implied contract are:

• Fringe benefits programs
• Length of service
• Disciplinary policies

The remedies for breach of an implied employment contract are equivalent to those available for breach of a written employment contract. One of the most common terms of an implied employment contract is the notion that an employer will not fire an employee unless good cause exists.

Although California is an at-will employment state, which means that an employer can fire an employee for no reason or any reason that does not constitute employment discrimination, the implied employment contract assumes that an employer will not fire an employee for no good reason. In this circumstance, then, the breach of the contract would occur when the employer fires an employee, and the employee feels that the employer wrongfully terminated him or her.