Top Attorneys in Los Angeles and Southern California
We don't make empty promises, We deliver results.
Aggressive, Experienced and Skilled Lawyers
Understanding Breach of Employment Contract
Every company employee has a contract of employment with his or her employer. This contract may come in several forms, they are:
- The written
- Implied
- Oral
A written contract is significant and very useful in ensuring that the two parties will both perform all expected tasks as stipulated under the contract.
An implied contract is one in which some of the terms are not expressed in words. An implied contract can either be implied in fact or implied in law. A contract which is implied in fact is one in which the circumstances imply that parties have reached an agreement even though they have not done so expressly.
An oral contract is a contract in which the terms have been agreed upon by spoken communication, in contrast to a written contract, where the contract is a written document. There may be written or other physical evidence, of an oral contract, for example where the parties write down what they have agreed, but the contract itself is not a written one.
Bear in mind that a worker is considered working under a contract of employment law. In case of breach, there is what we call a legal breach of employment contract. Bear in mind that a legal breach of employment contract is definitely enforceable and actionable under the law, just like any other breach of contracts. The fact is that, both the employer and the employee agreed to be bound by the contract entered into, and if there is non-fulfillment or non-performance, the aggrieved party can sue for legal breach of employment contract.
Hence, breach takes place when either party fails or did not succeed to carry out the agreed conditions, or the terms embodied under the contract of employment. Under such a situation, employment law demands that a legal breach of employment contract should be filed against the breaching party. A suitably serious legal breach of employment law contract will give the right to bring a claim for unfair or unjust dismissal.
Contact our law offices and we will provide you with the best employment lawyer to handle your legal problems.
Latest Blog
Latest Twitter Update