When you go to work for an employer in California and sign an employment contract, the company may think the contract is all about protecting the business. But you should know that any legal employment contract will have protections in place for the worker as well.
When you believe a term of your employment contract has been violated, you can take action to have it corrected and secure compensation for the losses the violation caused you.
Not all employment contracts comply with California Labor laws, and if you were asked to sign a contract and you discover that it illegally denies you certain employee rights you can also file a labor claim and demand compensation.
Reach Out to a Skilled California Employee Contracts Lawyer for a Free Consultation
If you have been denied rights or benefits guaranteed to you by a labor contract, Maison Law stands ready to help you seek justice. With our extensive knowledge of California and federal employment contract laws, we exist to help clients file claims against employers to secure what’s fair under the contract’s terms. We also take action when a client has been forced to sign an illegal work contract.
Contact us for a free consultation that comes with no obligation to you. We want to hear what you’ve been put through and then talk over all of your legal options. This free case review is completely confidential. Your employers will not know about this consultation.
What Is a California Employment Contract?
California’s Employment Development Department (EDD) defines an employment contract as:
“…an enforceable agreement between two parties that contains whatever terms and conditions of employment the parties agree upon and, when accepted, becomes controlling upon the employment relationship. The contract may be oral or written, express or implied…”
When employment contracts are presented, new workers can be so excited about starting a new job that they forget to read over what they are signing. They may also fail to have an employment contract checked out by a California Labor and Employment Lawyer.
Companies can be in violation of state and federal law if they break their contracts or if they include illegal requests in their documents. In either case, the worker has the right to report the company and recover compensation for their financial loss and other damages. Employees are also legally protected from retaliation for reporting contract violations.
California Employment Agreement Violations to Watch Out For
Companies that sign employment contracts with new employees will most certainly take action if a worker violates a term in the contract. Employees should also take action when a company doesn’t follow through on promises.
There are a lot of clauses that can be violated in an employee contract, but some of the most common breaches of contracts are factors all employees working under contract should monitor for.
- Employers violating terms regarding job termination.
- Violating terms governing hazard duty pay.
- Violating terms of overtime pay.
- Violating terms of employee discipline.
- Violating standards of working conditions.
What’s In California Employment Contracts?
Labor contracts should be very specific about an employee’s start date, rate of pay, hours, length of employment and contract, work duties, and disciplinary rules.
California employee contracts should not ask workers to…
- skip state-required rest and meal breaks.
- work for less than California’s minimum wage.
- refrain from union activity.
In California, you are allowed to talk about what you make with other coworkers and you may form or join unions.
When your employment contract includes these stipulations, you can report violations and file a lawsuit in some cases. It’s important to get a skilled labor law attorney to read over any contract before you sign it. Your attorney will explain the terms to you so that you will know when a company isn’t holding to its promises.
Other California Employment Contract Pitfalls
California employment agreements might have further restrictions that aren’t illegal, but they may be restrictive enough to force you to consider turning down a job.
A contract may include a non-compete clause. These clauses restrict you from accepting a job at a competitor of your company for a certain amount of time after you leave. You may also be prohibited from recruiting your former coworkers if you do take another job.
In California, these clauses must be very specific to be enforceable. If you find yourself restricted by a non-compete clause, it’s a good idea to have a California Employment Agreement Lawyer examine your contract and your legal options. A non-compete clause may be something you don’t have to obey if it’s too vague and not legally sound.
Intellectual Property (IP) Ownership could also be a stipulation of your employment contract. This clause would mean that any innovations or inventions you develop while with the company would be the property of the company. A California Labor Law Attorney could perhaps negotiate more acceptable terms for you.
Contact a California Employment Contract Lawyer
Maison Law offers a free consultation to any California workers who feel the terms of their employment contract have been violated. This case evaluation is completely confidential, and your employer would not know about it.
It’s a no-risk way to find out if you have a strong case against your company. It’s also a good chance to learn what you should demand from an employer in compensation for what they’ve put you through.
We also stand ready to help potential employees examine a work agreement before they sign it.
Our California labor attorneys have extensive knowledge of state and federal employment contract laws and we use that knowledge to the benefit of our clients. Don’t endure an uncertain work environment for another minute.
