Employers issue employment contracts to employees outlining the terms and conditions of employment. These contracts are typically in writing and include the hire date, job title and description, duration of employment (if applicable), compensation, and any benefits. Whether you are facing a breach of contract, have been unlawfully terminated, or need an agreement reviewed before signing, the employment contract lawyers at Kohanchi Law are ready to help.
Not to be confused with an offer letter, an employment contract is legally binding, and there are consequences if either party breaches it. An offer letter generally does not guarantee a fixed salary or employment.
In California, the relationship between employer and employee is generally considered “At-will”. Under California’s Labor Code, the presumption is that either the employer or the employee may terminate the employment relationship, with or without cause or prior notice, at any time for any lawful reason.
The term “cause” and how it is defined under California law as “a fair and honest cause or reason, regulated by good faith on the part of the employer” is significant. An employer’s decision to discharge or terminate an employee relies heavily on its ability to prove to a court or jury that it terminated an employee in good faith, based on a fair and honest reason, and that every termination it made was not trivial, arbitrary, inconsistent with usual practices, or related to the needs and goals of its business.
There are exceptions to at-will employment, including:
ou may have grounds for a legal case if you have experienced any of the following issues related to your employment contract or employment relationship:
Navigating employment contract law can be complex. Our process is designed to be clear, supportive, and focused on achieving the best outcome for you.
Action and Representation: We take decisive action on your behalf, providing experienced representation in all negotiations or court proceedings to pursue the compensation or resolution you deserve.
Q: What is the difference between an offer letter and an employment contract?
A: An offer letter typically outlines the basic terms of employment but is generally not legally binding and does not guarantee a fixed salary or duration of employment. An employment contract is a legally binding agreement that clearly outlines the terms and conditions, and a breach can lead to legal consequences.
Q: What does “At-will” employment mean in California?
A: Under California’s Labor Code, “At-will” means that an employer can generally terminate an employee (and an employee can quit) at any time, with or without cause or prior notice, for any lawful reason.
Q: Can a written employment contract override “At-will” employment?
A: Yes. An employment contract is a means to modify the at-will presumption. Contracts that require a “good and/or just cause” for termination limit an employer’s ability to terminate the relationship.
Q: Are non-compete agreements enforceable in California?
A: Generally, non-compete agreements that restrict an individual’s ability to work in the same industry after termination are heavily scrutinized and often unenforceable in California, with a few narrow exceptions. You should always have any restrictive covenant reviewed by a lawyer.
Don’t navigate complex employment contract issues alone. Whether you are facing a breach of contract, have been unlawfully terminated, or need an agreement reviewed before signing, the employment contract lawyers at Kohanchi Law are ready to help.
Contact us and Schedule a Free Consultation. We are prepared to assist you with breaches of contract, enforceability of non-competition agreements, and protecting your rights in the workplace.