An employment contract is an oral or written, express or implied relationship that is created between the employer and the employee. Generally, a contract is an enforceable agreement between two parties. However, employment contract is a contract that has employment terms and conditions agreed upon and accepted by the parties. This law governing employment contracts are from many sources like wages and hours laws, contract law, tort law, health and safety laws and the like. Sometimes there may be an overlap between any laws.
Breach of Employment Contracts
To most of California employees, the issues of the breach of employment contracts do not apply because they are referred to as ‘at will.’ This implies that the employees have no employment contracts. An employee is able to terminate his or her employment at will with or without any reason. Also, an employer can stop an employee at will with or without any reason as long as the reason is not an illegal action. However, an employer cannot terminate an employee because of race or age discrimination. The ‘at will’ employment in California also allows the employee and the employer to terminate the employment without any notice.
Despite the ‘at will’ employment in California, the employees and the employers have a contract for a specified period. For this reason, to avoid employment contract breach, the terminations of the employment should follow the guidelines in that particular employment contract.
How to Know Whether an Employer Has Committed a Contract Violation Breach
In most of the cases, an employment will always give specific reasons that determines the termination of an employee. If at all an employee has no specified contract, a related employment contract to the way in which an employee may be terminated. If this is the case, it is outlined in the handbook or policy manual that has been set by the employer. Once the employment contract has been entered in the parties, the employer must always honor the terms that are set in the terms of the contract. If an employee wishes to terminate the employment, he/she cannot be forced to continue working for an employer. If an employee is forced to continue in the employment relationship, it is considered as violation of both the U.S and California constitutions.
If anyone is contemplating to accept any new employment, it is recommended that he/she consult an attorney during negotiations before the contract. You therefore need to get an experienced attorney from United Employee Law Group. They will be able to review the contact that is proposed and give a piece of advice on the consequences of the terms and conditions there in the contract. They will also suggest additional and revision of terms that are more favorable to you. If you feel that your employer has violated the breach of employment contract, just feel free and contact United Employee Law Group and get assisted. It is advisable that you contact United Employee Law Group for employment contracts attorney because they will simplify the process and also call you back among many other benefits.
Photo Credit: Shutterstock/g-stockstudio