What California Employment Contract Lawyers Do To Help Employees
Employment contracts, which set forth the terms, circumstances, and privileges of your employment, are legally-binding. Therefore, always obtain legal counsel before committing to a legally enforceable employment contract.
Simple or inconsequential clauses can significantly impact your employment and future prospects if you decide to leave. For instance, many employment contracts contain harsh restrictions that limit your capacity to sue them should they mistreat you.
That said, here's why you should hire a California Employment Contract Lawyer before signing on to a new job:
What Is An Employment Contract In California?
An "employment contract" is an employer and employee agreement. It establishes the legal parameters of your relationship, typically in writing, and is signed by both parties. However, it can also be implied orally or through the acts and words of the parties.
An employment contract could also clarify the following:
How many hours must a worker put in
The benefits that an employee is entitled to
Medical insurance for the employee
Paid time off, sick leave, and life insurance benefits for the employee
An employment contract's terms are decided by both the employer and the employee. Employees have legal rights that are safeguarded, even if the employer frequently has greater bargaining power.
Hence, ensuring you have fair agreements and are getting cheated out of your benefits is crucial. Contact a California Employment Contract Lawyer to assess your employment agreement.
What Are The Most Important Employment Contract Clauses?
Your California Employment Contract Lawyer will typically look at each contract clause to make sure nothing is unfair or malicious. Preferably, nothing that could put you at a disadvantage should something happens during or after your employment.
The following provisions are common in employment agreements:
The termination clause assesses whether a person can reapply for their current post or another function and presents the reasons for termination.
The non-disclosure clause mandates a worker to refrain from giving anyone who isn't authorized access to such information. For example, customer lists, intellectual property, and trade secrets belonging to the company.
The non-compete clause prohibits a fired employee from working for a rival company.
The dispute resolution clause mandates arbitration or mediation to be used as a substitute for litigation in an employment dispute.
An employee may sign an employment contract before or after the employee starts working for the company. However, the contract's conditions are negotiable at any time.
You don't want to sign a contract that will exploit you or violate your rights. That said, each employment contract claim is unique. In addition, your contract, employer, and situation differ from others, so it's essential to have a California Employment Contract Lawyer advise you based on your specific circumstances.
Can You Sue For Breach Of Contract In California?
A "breach of contract" occurs when either the employer or the employee fails to fulfill their agreed-upon obligations. For instance, when an employee asserts that they were fired or laid off before the term specified in the contract or for reasons prohibited by the agreement.
Examples of typical employment contract violations include:
Not paying a worker's wages in accordance with the terms of the contract
Denying a worker their due benefits
Revealing confidential information to a different company
For example, if the reasons or the process of your termination were not indicated or was prohibited in the contract, then you might have a wrongful termination claim in California. Consult a California Employment Contract Lawyer to review your case and offer you the best legal solutions.
How Do You Handle A Contract Breach Legally?
The types of breaches and violated contracts determine the available legal remedies. For instance, as legal compensation, the employer may pay the employee what is owed if a breach involves failing to pay wages.
Most contract damages are typically restricted to "expectation damages," or the amount the employee would have made had the contract been fulfilled. However, workers must "mitigate" contract breach damages, which means they must make reasonable efforts to reduce the financial loss.
Other legal options include the following:
Reimbursement for unpaid sick leave or paid time off (PTO) that the employer never provided
Reimbursement for the employee's owed travel costs and/or work-related charges.
The employer is compelled to make revisions to the current contract.
You can't just make a claim and demand compensation without evidence and a strong case. Hence, it would be best to have a California Employment Contract Lawyer to help build a solid and successful case.
Hire A Prescreened California Employment Contract Lawyer
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