If your employer has fired you in violation of the terms of your employment contract, you may be entitled to seek compensation for breach of contract. However, some employment contracts contain language that allows the employer to fire the employee for cause, or no cause after giving a required notice.
At the Employment Lawyers Group, our attorneys have extensive experience litigating employment law disputes, including termination in breach of an employment contract. We represent executives, managers, sales employees, union members and other employees who are covered by an employment contract. Contact us to discuss your case and explain your options.
Written employment contracts usually have a provision that allows the employer or employee to terminate the contract with cause. In these cases, the main dispute may be what “cause” is and how it is defined in the contract. Other issues may be:
You may also be protected in situations in which you do not have a written contract. Implied or oral contracts are difficult to enforce, but your employer may not be unjustly enriched by your services.
These days, implied and oral contracts are generally not valid legal theories against employers. If there is any language in an employee manual, or personnel document the employee signed, stating the employee is at-will or there is not a contract of employment there will almost certainly not be an implied or oral contract.
Even if you worked for a small employer without any written policies, you will have to affirmatively show that something happened worthy of the court implying a contract. Implied contracts can exist if the employee is a very long term employee, or promises of longevity such as retirement are made. Promises creating an implied contract may also include employees who are promised large sums of money or longevity if they institute a new process, set up a new location, or do something quite large for a company. However, any written language about the employer being at-will most likely will defeat an implied contract. Moreover, in the case of commissions, any written commission agreement is likely to defeat an implied or oral contract for commissions.
I am Karl A. Gerber, founder and lead trial attorney of the Employment Lawyers Group. If you feel you were a victim of a breach of contract, contact us to discuss your case and your options. In Southern California, we have offices in Sherman Oaks, Los Angeles and Oxnard. We handle cases in all parts of California.
To speak to a California employment lawyer, call 877-525-0700 toll free. We handle all cases on a contingency fee basis with no upfront costs. Se habla español.