The Los Angeles employment law attorney at the Leichter Law Firm, APC, Aryeh Leichter, knows it is common for employees and employers to engage in contracts to ensure each party is committed to the project or position covered therein.
A written employment contract typically outlines the employee’s pay, duties, and obligations to the employer while protecting the employee from being fired without breaching the contract.
What most California employees do not know is, that while most of the terms are fully outlined in the contract, some of the terms are their right by law and some of the terms may be outlined elsewhere, including the initial job posting, employment handbooks, or other onboarding paperwork that can also be used as legally binding documents in the case of a contractual breach.
What are the Most Common Types of Breach of Contract Claims in California?
A California employer may be responsible for a breach of contract when it violates one or more of the terms outlined in the agreement.
There are several types of employment contract breaches including, but not limited to:
- Material Breach of Contract
A material breach of contract often results when a party fails to satisfy their obligations, which resulted in significant harm for the non-breaching party. In these cases, the contract is irreparably broken, entitling the aggrieved party to a legal remedy.
- Non-Material Breach of Contract
A non-material breach of contract typically means a portion of one or more of the terms of the agreement is not being implemented correctly. These breaches do not go against the heart of the contract, but rather deviate from the original plan.
- Anticipatory Breaches of Contract
This breach occurs when one party in a contract expresses the inability or unwillingness to perform the tasks specified in the contract or foresees it cannot fulfill the terms of the contract before the deadline outlined in the contractual obligation.
How Can I Determine Whether My California Employer Has Breached Our Contract?
Contracts, by nature, contain an extensive amount of “legalese” making them difficult to understand without a law degree — and possibly furthering the employer’s ability to skew the details outlined therein.
When an employment contract is professionally written, it will address how a contract dispute will be managed. In some cases, the employee may not understand what he or she is entitled to based on the type of breach that occurred.
If this is true for you, contact the Leichter Law Firm, APC today to learn more about what is included in the contract, and if the employer has violated not just the terms, but any California employment laws that are in place to protect you.
Contact the Leichter Law Firm, APC Employment Lawyer in Los Angeles, California
Contact Aryeh Leichter, the Leichter Law Firm, APC founder and employment law attorney in Los Angeles County, to get the legal help you need to pursue your employer for their breach of contract, starting with a free consultation by calling 818-915-6624 or contacting the firm online today.
Related Links:
- Important Points of an Employment Contract
- What is the Difference Between an Employee and an Independent Contractor in California?