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What Should I Do If My Employer Breaches Our Employment Contract?


Contracts are the cornerstones of all business relationships because they provide clarity and protection for both parties involved. When an employer breaches a contract in California, however, the employee may be forced to take legal action to enforce their rights and legal protections. Before doing so, however, it’s advisable to seek legal counsel that can help with this process.

Keep reading to learn more about this topic and discover some insights that could help you approach a potential breach caused by your employer.

What Is Considered a Breach of an Employment Contract?

A breach of an employment contract may occur any time either the employer or employee fails to abide by the terms and conditions of the agreement between these parties.

There are two important types of contractual breaches to understand: material and constructive. A material breach is a direct violation of the employment contract; in other words, the contract requires something of one party that the party fails to uphold. A constructive breach occurs when one party acts in a manner that makes it difficult or impossible for the other party to uphold their contractual obligations.

Here are some examples of what a breach of an employment agreement may look like:

  • The employer fails to compensate the employee according to the provisions of the contract (material).
  • The employer terminates the employee without cause when the contract requires cause for termination (material).
  • The employer fails to provide resources or equipment that are necessary for the employee to do their job (constructive).

Consult with a Lawyer for Guidance

It’s not always apparent when a breach of an employment contract has occurred. That’s why you should consult with an employment lawyer for specific and personalized legal advice on this matter.

Your lawyer can help you with the following important matters:

  • Reviewing Your Contact: An employment lawyer understands what employment contracts say and what they should include. You can worry a lot less about being unsure about what your employment agreement says—or could be interpreted to say—by having your attorney walk you through it.
  • Document the Breach: Employment lawyers also know what kind of evidence is necessary for successfully pursuing a legal action for the breach of an employment agreement. That means they know what you should do gather the pieces you need to have the best possible chance of holding your employer accountable.
  • Negotiating with Your Employer: Not all employment-related disputes end up in court. In fact, many are settled at the negotiating table. As your advocate, your attorney can attempt to negotiate a fair settlement with your employer.
  • Filing a Lawsuit on Your Behalf: When you have a strong claim, and your employer fails to settle, on fair terms, your lawyer can initiate the legal process that could place your dispute in court. Your employer may come back to the negotiating table once they see how serious you are, but your attorney is prepared to make your case in front of a judge.

Remember that you should only hire an employment lawyer that you trust. You will work closely with this individual, and it’s important to ensure they have your best interest in mind.

Contact K2 Employment Law for Help

Our legal team at K2 Employment Law can provide the legal support you need. If your employer violated the terms of your employment contract, we can help you review your agreement, document evidence, and take action to pursue damages your employer may owe.

Reach out to us today for a free consultation to learn more.

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