Contract Law Attorney Los Angeles, California
When dealing with a contract dispute, you will need a skilled Los Angeles contract attorney to help you navigate the rough terrain of contract law.
Colby Law Firm 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 ensure that you are represented by the most litigious Los Angeles contract breach lawyer.
Our skilled associates are well-versed in implied contracts, oral or verbal agreements, written contracts, non-compete agreements, executive agreements, real estate contracts, and contractual obligations. With our legal advice, you can expose fraud and any harmful employment relationships and build a strong case in response to wrongful termination.
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Speak to an employment lawyer about your rights and options relating to your termination. Our staff is available today at 818.390.9786 in Los Angeles to screen your case and make an appointment with the appropriate attorney.
When Do I Need a Contract Attorney?
Not all employees are required to have employment contracts in California, but three types of jobs do require it:
● Employees who are part of a union, which typically means there will be a collective bargaining agreement.
● Employees who are in executive positions (executive agreement).
● Employees who work in the public sector.
Employers and employees can enter into employment agreements utilizing employment contracts. Typically, employment contracts can provide clarity and assurances for both the employee and employer. Normally, an employment contract will detail salary, bonuses, and benefits. It can also delineate job titles, promotion schedules, and termination procedures.
Depending upon the situation, you may need a contract attorney to review a contract or executive agreement before signing or because of a broken contractual agreement. Either way, you can contact Colby Law Firm for a free and confidential consultation. We can review the information with you and help you determine your best course of action.
How Do I Prove a Breach of Contract?
To prove an employer breached your employment contract in California, you typically need to establish the following four elements:
- Existence of a valid contract: Demonstrate that a legally binding contract (written, oral, or implied) exists between you and the employer.
- Performance: Show that you fulfilled your obligations under the contract or had a valid reason for not performing.
- Breach by the employer: Establish that the other party failed to perform their contractual obligations. This could involve a failure to pay wages, wrongful termination, or violation of the terms of a non-compete or non-disclosure agreement, among other examples.
- Damages: Prove that you suffered damages directly from the employer’s breach of contract. This may include lost wages, benefits, opportunities, and other financial losses.
Each case is unique, and the specific requirements to prove a breach of contract may vary depending on the circumstances. It’s highly recommended to consult with an experienced employment attorney in California who can guide you through the process and help you build a strong case.
Contact Colby Law Firm for a free and confidential consultation. We can review your circumstances and help you determine the best course of action.
Are Contracts Valid Even If They Are Not Written Down?
Yes, a contract is valid in California even if it has not been written down. Even without a written contract, there may be an “implied employment contract,” which constitutes an agreement between you and your employer. This implied employment contract might not exist on paper but is developed by both parties’ behavior and verbal agreements.
An implied employment contract is an exception to California’s at-will employment rule. At-will employment means that either the employer or the employee may terminate employment at any time for legal reasons, with or without cause or prior notice. If an employee can prove that an implied employment contract existed, they may be able to pursue their employer for a breach of that implied employment contract.
It would not be advisable to attempt to prove a breach of contract, whether implied or in writing, without first seeking legal advice. You need a competent attorney who understands California Labor laws and federal labor laws to help you. Contact Colby Law and request a free and confidential consultation. We can review your situation and help you decide the best course of action.
Frequently Asked Questions
Can an employee seek compensation for unpaid incentive pay under an employment contract?
Yes, if an employment contract specifies the criteria to earn incentive pay, it can be enforced as a breach of contract or as unpaid wages under the Labor Code.
What is a wrongful demotion, and can an employee sue for it?
Wrongful demotion is the act of demoting an employee in violation of an employment contract that stipulates demotion can only occur for good cause. The California Supreme Court has recognized the right to sue for wrongful demotion in breach of such a contract.
Are non-competition clauses enforceable in California?
In most cases, non-competition clauses are unenforceable in California. Business & Professions Code § 16600 states that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.” There are only a few limited exceptions to this rule.
Can an employer require an employee or applicant to agree to terms or conditions that are prohibited by law?
No, according to Labor Code § 432.5, an employer cannot require an employee or applicant for employment to agree, in writing, to any term or condition that the employer knows to be prohibited by law.