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Contract Lawyer
Los Angeles, California

When it comes time to deal with a contract dispute, you’re going to 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 make sure that you are being represented by the most litigious Los Angeles breach lawyer.

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 a contract attorney in Los Angeles that can help. You need Colby Law Firm.

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Breach of Contract

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.

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Good Cause

“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.

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Wrongful Demotion

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).

Releases & Non-Disparagement In Employment & Separation Agreements

Government Code § 12964.5 states: (a) (1) It is an unlawful employment practice for an employer, in exchange for a raise or bonus, or as a condition of employment or continued employment, to do either of the following: (A) (i) For an employer to require an employee to sign a release of a claim or right under this part. (ii) As used in this subparagraph, “release of a claim or right” includes requiring an individual to execute a statement that the individual does not possess any claim or injury against the employer or other covered entity, and includes the release of a right to file and pursue a civil action or complaint with, or otherwise notify, a state agency, other public prosecutor, law enforcement agency, or any court or other governmental entity. (B) (i) For an employer to require an employee to sign a non-disparagement agreement or other document to the extent it has the purpose or effect of denying the employee the right to disclose information about unlawful acts in the workplace. (ii) A non-disparagement or other contractual provision that restricts an employee’s ability to disclose information related to conditions in the workplace shall include, in substantial form, the following language: “Nothing in this agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful.” (2) Any agreement or document in violation of this subdivision is contrary to public policy and shall be unenforceable. (b) (1) (A) It is an unlawful employment practice for an employer or former employer to include in any agreement related to an employee’s separation from employment any provision that prohibits the disclosure of information about unlawful acts in the workplace. (B) A non-disparagement or other contractual provision that restricts an employee’s ability to disclose information related to conditions in the workplace shall include, in substantial form, the following language: “Nothing in this agreement prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful.” (2) Any provision in violation of paragraph (1) is against public policy and shall be unenforceable. (3) This subdivision does not prohibit the inclusion of a general release or waiver of all claims in an agreement related to an employee’s separation from employment, provided that the release or waiver is otherwise lawful and valid. (4) An employer offering an employee or former employee an agreement related to that employee’s separation from employment as provided in this subdivision shall notify the employee that the employee has a right to consult an attorney regarding the agreement and shall provide the employee with a reasonable time period of not less than five business days in which to do so. An employee may sign such an agreement prior to the end of the reasonable time period as long as the employee’s decision to accept such shortening of time is knowing and voluntary and is not induced by the employer through fraud, misrepresentation, or a threat to withdraw or alter the offer prior to the expiration of the reasonable time period, or by providing different terms to employees who sign such an agreement prior to the expiration of such time period. (c) As used in this section, “information about unlawful acts in the workplace” includes, but is not limited to, information pertaining to harassment or discrimination or any other conduct that the employee has reasonable cause to believe is unlawful. (d) (1) This section does not apply to a negotiated settlement agreement to resolve an underlying claim under this part that has been filed by an employee in court, before an administrative agency, in an alternative dispute resolution forum, or through an employer’s internal complaint process. (2) As used in this section, “negotiated” means that the agreement is voluntary, deliberate, and informed, the agreement provides consideration of value to the employee, and that the employee is given notice and an opportunity to retain an attorney or is represented by an attorney. (e) This section does not prohibit the entry or enforcement of a provision in any agreement that precludes the disclosure of the amount paid in a severance agreement. (f) This section does not prohibit an employer from protecting the employer’s trade secrets, proprietary information, or confidential information that does not involve unlawful acts in the workplace.”

Non-Competition & Unenforceable Provisions

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.

“No employer … shall require any employee or applicant for employment to agree, in writing, to any term or condition which is known by such employer … to be prohibited by law.” Labor Code § 432.5.

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).

Frequently Asked Questions

When Do I Need a Contract Attorney?

Not all employees are required to have employment contracts in California, but there are three types of jobs that do require it. Those are if the employee is part of a union, which typically means there will be a collective bargaining agreement or when an employee is in an executive position, or works 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. They can also delineate job title, promotion schedules, termination procedures, etc.

Depending upon the situation, you may need a contract attorney before signing the employment contract or you may need a contract attorney because a contractual agreement has been broken. 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.

Aaron Colby started Colby Law Firm to represent employees after spending 15 years representing employers. This has given him the unique advantage in knowing how employers work. If there has been a violation of your employment contract, then he brings his knowledge to the playing field. He is in your corner. As with any type of contract, each party wants the best possible outcome. A good contract attorney can help to ensure that occurs. Contact Colby Law Firm for a free and confidential evaluation.

How Do I Prove a Breach of Contract?

If you need to prove breach of contract, the first thing to be aware of is that not all employees are required to have employment contracts in California, but there are three types of jobs that do require it. Those are if the employee is part of a union, which typically means there will be a collective bargaining agreement or when an employee is in an executive position, or when the employee works 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. They can also delineate job title, promotion schedules, termination procedures, etc.

Depending upon the situation, you may need a contract attorney before signing the employment contract or you may need a contract attorney because a contractual agreement has been broken. 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.

Aaron Colby started Colby Law Firm to represent employees after spending 15 years representing employers. This has given him the unique advantage in knowing how employers work. If there has been a breach of your employment contract, then with his unique knowledge of understanding how the opposition works, he can more aptly and expertly assist you.

Contact Colby Law Firm for a free and confidential evaluation.

Are Contracts Valid Even If They Are Not Written Down?

In California, a contract is valid even if it has not been written down.

There is an “implied employment contract” which is an agreement between you and your employer. This implied employment contract does not exist on paper but is developed by both parties’ behavior and verbal agreements.

An implied employment contract is an exception to the rule of at-will employment in California. At will employments 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 then he may be able to pursue his employer for a breach of that implied employment contract.

It would not be advisable to attempt proving 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 what the best course of action would be.

Aaron Colby started Colby Law Firm to represent employees after spending 15 years representing employers. This has given him the unique advantage in knowing how employers work. He brings his unique knowledge to the playing field and he’s on your side. Request a free and confidential consultation today.

Testimonials

What Our Clients Say

Joella Still
November 11, 2021.
It’s truly been a pleasure working with Aaron and the women on his team. I will definitely be referring people to them simply because they not only handled this matter professionally, but also empathetically during a really hard time for me. Dealing with wrongful termination and discrimination and especially during a global pandemic, it was really important to find an employment attorney who could understand the situation, the subtleties, nuances, etc. The case was resolved relatively quickly and I felt that they really put in the time to end up with a favorable outcome. If you choose them, you’re really in great hands.
Sajaad Shah
October 16, 2021.
Colby Law Firm got me the results I wanted, quickly. They managed my expectations properly and exceeded them in the end. They are the best employment attorneys I know, and I strongly recommend them for anyone who has questions about harassment, discrimination or wrongful termination.
Roberto Gutierrez
August 24, 2021.
Aaron and his team did an amazing job representing me. They worked really hard for me and got me a larger settlement than I had expected. They were professional, caring, and very responsive. They kept me in the loop on what was happening and if I needed help or had a question, they were very quick to respond.
Ashley Chejade-Bloom
June 8, 2021.
Aaron Colby is the best employment attorney, who will get you the results you want, every time - he is a person you want on your team. He is extremely responsive and truly cares about the businesses (and founders) he represents. I strongly recommend Colby Law Firm to anyone who has questions about harassment, discrimination or wrongful termination.
Aaron Baker
June 5, 2021.
The Colby Law Firm are the best employment attorneys. They’re a great firm for anyone who has questions about harassment, discrimination or wrongful termination. Their candid and direct approach to educating their clients sets them apart from other firms.
Jeffrey Greenblatt
June 5, 2021.
Colby Law Firm is simply remarkable. Their employment attorneys are efficient and effective, and you always know you have the sharper advocate on your side in all employment law issues (such as discrimination, harassment, unpaid wages, wrongful termination, etc). Highly recommend this law firm for anyone who needs a candid assessment with any employer/employee issues they face.
Julie Hall
June 4, 2021.
I have been practicing labor and employment law for over 35 years. I have represented both employees and employers over the years. I only represent employers at this point in my career, so I send all referrals for representation of employees to Aaron. He is simply the best.
Matt Weisbarth
June 3, 2021.
Colby Law Firm got me the results i wanted, quickly. They managed my expectations properly and exceeded them at the end. They are the best employment attorneys I know, and I strongly recommend them for anyone with potential claims against their employer.
Jeffrey Goldman
June 3, 2021.
My experience with Colby Law Firm was great. They are the best employment attorneys I know, and I strongly recommend them for anyone who has questions about harassment, discrimination or wrongful termination.

Why Choose

Colby Law Firm

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Aaron Colby is a California employment lawyer who knows how to resolve disputes. After 15 years representing companies, he started Colby Law Firm to represent employees. Aaron’s perspective and experience from being “on the other side” gives him an edge. Aaron brings his practical, focused, and relentless approach to helping employees protect their rights.

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Aaron Colby
Lead Attorney and Founder Colby Law