If your employer has fired you in violation of the terms of your employment contract, you should contact an Orange County Lawyer who handles employment contract cases. However, some employment contracts contain language that allows the employer to fire the employee for cause, or no cause after giving a required notice.
At the Employment Lawyers Group, our attorneys have extensive experience litigating employment law disputes, including terminations in breach of an employment contracts. We represent executives, managers, sales employees, and other employees who are covered by employment contracts. Contact us to discuss your case and explain your options.
Written employment contracts may have a provision that allows the employer or employee to terminate the contract with cause. In these cases, the main dispute may be what, “Cause” is and how it is defined in the contract. Other issues may be:
An experienced employment lawyer can also assess what your damages are for breach of an employment contract. Employment contracts contain language that can best be interpreted by an employment lawyer who has read many employment contracts.
You may be protected in situations in which you do not have a written employment contract. Implied or oral contracts are difficult to enforce, but your employer may not be unjustly enriched by your services.
These days, implied and oral contracts are generally not valid legal theories against employers. If there is any language in an employee manual, or personnel document the employee signed, stating the employee is at-will or there is not a contract of employment there will almost certainly not be an implied or oral contract.
Even if you worked for a small employer without any written policies, you will have to affirmatively show that something happened worthy of the court implying a contract. Implied contracts can exist if the employee is a very long term employee, or promises of longevity such as retirement are made. Promises creating an implied contract may also include employees who are promised large sums of money or longevity if they institute a new process, set up a new location, or do something quite large for a company. However, any written language about the employer being at-will most likely will defeat an implied contract. Moreover, in the case of commissions, any written commission agreement is likely to defeat an implied or oral contract for commissions unless there was fraud. For all of the distinction between which employment contract and theory may work in an employment case, you must consult an employment lawyer who has handled these issues.
When a company is part of a competitive business, many employers think it would be wise for them to require new hires to enter into a non-compete agreement. These are contracts that require the employee to refrain from soliciting the company’s clients “stealing” its business or providing any means of competition for the company while the worker is employed by said company, or during a certain period of time after termination or leaving the company. Violation of a non-compete agreement also includes stealing and/or sharing confidential information such as trade secrets and business strategies. The laws on noncompeting agreements vary by state and are very complex.
As a means of protecting the interest of the company for which they’ll be working, new employees may be required to enter into a non-solicitation agreement when they are first hired. These contracts prohibit employees from soliciting the company’s clients for their own personal gain while employed, as well as for a certain length of time after they are terminated or willingly leave the company. This is very similar to a non-compete agreement except that is specifically targets the solicitation of the company’s clientele and customers instead of focusing on the providing of competitive business.
As a business owner or an employee, be sure to retain an Orange County employment lawyer to review your contract before signing it. This way you can be sure that it is drafted in a clear and unambiguous manner, preventing employees from intentionally or unintentionally causing you to lose income through solicitation. You may also need the representation of an attorney should the terms of the contract be violated by the other party. Your company could lose business if no action is taken to stop an employee from soliciting your clients and customers and enticing them away, so contact an employment attorney right away.
Employment Lawyer’s Group is an employment law firm in Orange County, California that has been awarded for its excellence in legal service. Attorney Karl Gerber has been selected for inclusion in California Super Lawyers® since 2010, an honor that is only awarded to a maximum of 5% of the state’s employment attorneys. A lawyer from our legal team could provide the caring guidance and vigorous representation you need to protect your company’s interests in case of a non-solicitation violation. Contact our firm today!