Contract Lawyer Los Angeles Expertise
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Employees may have agreements that dictate the terms of employment, such as job titles, job duties, compensation, incentive pay, benefits, and consequences for termination without “cause.”
Breach of Contact
- A written or oral employment contract can override the at-will employment presumption and create a contract to terminate only for cause.
- If an employment contract specifies that you will terminate only for cause, this creates an implied covenant requiring you to exercise “good faith and fair dealing” in the employment relationship. Guz v. Bechtel National, Inc., 24 California 4th 317 (2000); CACI Nos. 303, 305, 325.
- “Good cause” means “fair and honest reasons, regulated by good faith on the part of the employer, that are not trivial, arbitrary or capricious, unrelated to business needs or goals, or pretextual.
- A reasoned conclusion, in short, supported by substantial evidence gathered through an adequate investigation that includes notice of the claimed misconduct and a chance for the employee to respond.” Cotran v. Rollins Hudig Hall International, Inc., 17 Cal.4th 93, 108, (1998); Silva v. Lucky Stores, Inc., 65 Cal.App.4th 256, 264 (1998).
Earned Contractual Wages
- A written contact that has the criteria to earn incentive pay is enforceable as a breach of contract or as unpaid wages under the Labor Code. Labor Code § 200(a); CACI No. 2700.
- The California Supreme Court created a right to sue for “wrongful demotion” in breach of a contract to demote only for good cause. Scott, et al. v. Pacific Gas & Electric Co., 11 Cal.4th 454 (1995).
- Except in limited circumstances, “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” Business & Professions Code § 16600. This makes almost all post-employment non-compete provisions unenforceable.
- Unenforceable are provisions requiring an employee to litigate or arbitrate outside of California a claim that arose in California or depriving the employee of the substantive protection of California law for a claim that arose in California. Labor Code § 925(a), (d).
Best Contract Lawyer Los Angeles Has To Offer
When it comes time to deal with a contract dispute, you’re going to need a skilled contract attorney to help you navigate the rough terrain contract law. Colby Law can represent you in all matters concerning contract litigation. Whether you are the breaching party or the non-breaching party regarding the contract case, we’ll make sure that you are being represented by the most litigious Los Angeles breach expert. Our skilled associates are well versed in matters to do with an implied contract, oral contract or verbal agreement, written contract, non-compete agreements, real estate contract and contractual obligation. With our legal advice, you can expose fraud, along with any harmful employment relationships, and build a strong case in response to wrongful termination. When you’re working with contracts you need the best contract attorney Los Angeles can offer. You need Colby Law.
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