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Breach of Contract In California, most employees are considered to be “at-will.” This means that an employee may resign from a job or an employer may terminate the employment relationship without any legal consequences. However, in some situations, a court may find that an employee is not at at-will. For instance, an employee who signs a written contract may not be at-will. Alternatively, if an employee is able to demonstrate that he/she had an expectation of continuing employment based on the employer’s conduct, then there may be an implied contract between the employer and employee. Courts use several different factors to make this determination including: company policies or practices, handbooks, actions or communications, longevity of employment, performance records, merit increases, and written documents, just to name a few. Once an employee demonstrates that the employment relationship was contractual in nature, either through writing or implication, then an employer may only terminate an employee with just cause. This means that an employer may not terminate an employee arbitrarily, but must have a good reason to do so (i.e., misconduct, violation of company policy, poor performance). The remedies for a breach of contract claim may include lost wages, future wages and benefits, and reinstatement. Click here to go back to our practice areas page.
If you have been injured in an accident or have lost wages you feel you are entitled to, it is important to protect your legal rights.
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