Breach of Employment Contract Attorney
California Breach of Employment Contract Attorneys
Employment contract for a specified term: If the employment agreement specifies the length of employment, then an employer cannot discharge you within that period. Unless the agreement provides otherwise, the employer may terminate an employee before the specified term only if there is a: (1) willful breach of duty by employee; (2) habitual neglect of duties; or (3) continued incapacity to perform duties. However, a decision not to renew an expired contract will not give rise to a claim (unless there was an unlawful discriminatory reason involved).
Specified grounds for termination: Often agreements include provisions not to terminate without cause or specify grounds for termination (e.g., failure to meet sales quotas) and include procedures under which termination may occur. Thus, unless the condition precedent occurs (e.g., you did not meet your sales quotas), you cannot be fired for other reasons. Often times the language used in employment contracts fail to define applicable reasons for termination resulting in confusion.
Issues with non-compete agreements: While non-compete agreements are generally unenforceable in California, an employee’s ability to poach clients may be limited in some circumstances. If you are thinking of branching out, it is important to contact an attorney to learn about the steps you can take to grow your business and whether the agreements in place are actually binding.
There are strict deadlines known as statute of limitations for pursuing breach of contract claims. Failure to meet these deadlines will result in forfeiture of valid claims. Contact one of our attorneys today for a free consultation about your potential case.