Santa Ana Breach of Contract Lawyer

Holding Employers Accountable for Breaching Employment Agreements

An employment agreement outlines the relationship between someone offering their labor and an employer who seeks to purchase it.

The following matters will be thoroughly detailed in a work contract, they include:

• The duration of employment
• How the employee can be discharged within that period time
• Details regarding work responsibilities, compensation, benefits, and more

Whether you’re a permanent employee with a consistent agreement in place or an independent contractor regularly works under new contracts, you can be protected when your employer fails to uphold their end of the bargain.

At The Gould Law Firm, our breach of contract attorney in Santa Ana can help you assert your rights should an employer fail in their obligation to perform a duty to you as outlined by a legal agreement.

Understanding the Legality of Breach of Contract

A breach of contract is a legal cause of action and a type of civil wrong.

A contract is a binding agreement, it can be honored by one or more of the parties. Breach occurs when a party to a contract fails to fulfill its obligation(s) as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract.

Rights of Independent Contractors in Employment Agreements

The right to have an employment contract is less a legal right and more like a really, really good idea. You want your client to know exactly what to expect from you, and exactly what you expect from the client.

Just like a standard employment contract, a formal independent contractor agreement includes the parameters of the project and the time or method of compensation. A concise agreement can keep everyone on the same page in terms of productivity and payment.

While you have a right to create a work contract, you may not have the right to work. Unfortunately, most employment discrimination laws don't apply to independent contractors, and businesses are free to hire or refuse to hire independent contractors as they see fit.

Recovering Damages After a Breach of Contract

If an employer has broken terms of your employment agreement or a work contract, you can seek fair and just compensation by filing a lawsuit. At a minimum, such compensation may include what you were entitled to under a contract that your employer failed to uphold. Whether this was compensation at a certain rate, lost wages due to an early termination of your agreement, or the value of benefits contractually promised but never delivered, you may be able to sue for expected damages such as these.

Liquidated damages can account for contract breaches that don’t have a clear value to them, although it may be rare to find something that doesn’t have an identifiable value in an employment contract.

All in all, you can recover what you were supposed to get out of a contract when it was breached, but it’s unlikely you’ll see more than that. Compensatory and punitive damages that account for things like emotional distress and punishing the defendant are rarely – if ever – seen in contract breach lawsuits, although this may not preclude you from bringing another type lawsuit forward to seek such damages.

Need a Santa Ana Breach of Contract Attorney? Contact The Gould Law Firm online or by calling (714) 592-4936 and ask to schedule a free initial consultation.