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San Diego Breach of Contract Attorney
When you are offered a job, you will usually be asked to sign an employment contract. This document is a legally binding agreement between you and your employer that outlines the terms of your employment. The contract will typically cover topics such as your job duties, salary, and benefits. It is important to read the contract carefully before you sign it to ensure you understand your rights and responsibilities.
If you have any questions about the contract, you should ask your employer or a lawyer before you agree to anything. If you need help, don’t hesitate to contact us today to schedule a free consultation.
WHY CONTRACTS ARE IMPORTANT
The main purpose of an employment contract is to protect the rights of both the employer and the employee. For the employer, a contract can help prevent employees from leaving the company before their agreed-upon tenure is up. For the employee, a contract can provide job security and spell out what is expected of them. An employment contract can also help prevent discrimination and harassment in the workplace.
WHEN TO SEEK LEGAL HELP
It is always a good idea to have an attorney review an employment contract before you sign it. However, it is especially important to seek help from San Diego contract attorneys if:
- You are asked to sign a contract without having time to review it first
- You do not understand the terms of the contract
- The other party refuses to make changes to the contract that you have requested
- You have already signed the contract but now regret doing so
Experienced San Diego contract lawyers will be able to advise you on whether the employment contract is valid and enforceable. They can also help negotiate more favorable terms on your behalf.
EMPLOYMENT CONTRACT FAQS
HOW BINDING IS AN EMPLOYMENT CONTRACT?
In California, most employees are considered “at-will.” That means that either party can end the relationship at any time, for any reason. However, there are some exceptions to this rule. For example, if an employee has a written contract that states they will be employed for a specific period, the employer cannot terminate the employee before that period is up unless there is just cause (e.g., the employee violates the terms of the contract). If the contract is broken, there will be consequences.
THE CONSEQUENCES OF BREAKING A CONTRACT
If either party breaches the terms of an employment contract, they can be held liable for damages. This means that they may have to pay money to the other party to compensate them for any losses incurred due to the breach. In some cases, a court may also order one party to specifically perform their obligations under the contract.
For example, if an employee breaks a confidentiality clause in their contract by sharing proprietary information with a competitor, they could be ordered by a court to pay damages to their employer. Alternatively, if an employee is fired without cause before their contract is up, their employer may have to pay them for the remainder of their term and/or rehire them.
ARE EMPLOYMENT CONTRACTS REQUIRED IN CALIFORNIA?
Employment contracts are not required in California. However, there are certain situations when an employer might want their employees to sign one. For instance, if an employee performs duties requiring a significant amount of training or works on a sensitive project, the employer might want to ensure that the employee stays with the company long enough to recoup their investment. In these cases, it’s important to have an attorney review the contract before it’s signed to ensure it’s fair and legally binding.
WHAT MAKES AN EMPLOYMENT CONTRACT INVALID?
In the state of California, several things can make a contract invalid and unenforceable, including:
- The contract was not signed by both parties: For a contract to be valid, it must be signed by both the employer and the employee.
- The terms of the contract are illegal: If any of the terms of your employment contract are illegal, then the entire agreement could be rendered void and unenforceable.
- The contract was made under duress or fraud: Duress occurs when one party is forced into signing the contract against their will, while fraud occurs when one party lies or withholds information to get the other party to sign the contract.
- One of the parties was not of sound mind when they signed it: If you were not of sound mind when you signed an employment contract, the agreement may be invalidated. This could occur if you were under the influence of drugs or alcohol at the time that you signed the document and your employer knew you were under the influence.
CONTACT GOMEZ TRIAL ATTORNEYS FOR YOUR EMPLOYMENT CONTRACT NEEDS
When you’re entering into an employment contract, it’s important to have a lawyer review the agreement. An employment contract lawyer can ensure that the contract is fair and in your best interests. They can also negotiate on your behalf to try to get better terms. The attorneys at Gomez Trial Attorneys have years of experience and are here to help. If you’re looking for San Diego employment contract lawyers, contact Gomez Trial Lawyers today for a free consultation by calling 866-TRIAL LAW (866-874-2552) or by contacting us online.
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August 2020
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