California’s nature of “at-will” employment negates the existence of a breach of contract for termination, but there are other instances when a breach of contract may exist. These arise when an employee has a contract with an employer and the employer breaches any term of the agreement. Some common breaches include:
- Terminating employment before the a specific time period as agreed in a contract;
- Terminating an employee without cause when the contract only allows termination for good cause;
- Not paying an employee per the terms of the contract; or
- Not providing all benefits that the parties agreed to in the contract.
If you incurred damages due to the breach then you should contact the Orange County Employment Lawyer at The Law Office of George Moschopoulos, APC immediately for a free 30-minute phone consultation.
Please remember, taking action in a timely manner is important to preserve your rights. It is also important to keep a copy of the employment contract, and copies of any other paperwork, emails or conversations that can establish the terms of your contract.
Non-performance of any part of an employment agreement may be a breach of contract for which you can recover monetary damages; however, you may not be able to recover damages where the employer has a legal excuse for the breach. These excuses include, but are not limited to:
- The employee’s failure to perform per the contract;
- Impossibility of performance;
- Subsequent change to the contract that both parties agreed to; or
- Execution of another contract with different terms.
Determining whether you are entitled to compensation for breach of contract as an employee can be difficult to determine. The Law Office of George Moschopoulos, APC can assist you in making this determination. Call today to speak to a seasoned Employment Lawyer.