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When to Sue An Employer for Breaking an Employment Contract

By Edited Feb 10, 2014 0 0

Your employment contract determines the basis for your complaints in your employment. If your contract has certain policies and you break it; you will be bound to face the consequences.

However, some contracts don't specify matters. If you're doubtful on the boundaries of your employer over your employment, you may browse these common issues.

1. At will employment/ termination- If you have no written contract, you are most likely employed at will. It means that the agreement is verbal and your employment is under the discrepancy of the employer.

This type of employment has various disadvantages on your part. You have no regular status in which you can hold on to many labor benefits. Although Labor law has provided several rights for at will employees, your employment status and duration is still determined by your employer.

However, you can sue your employer if the basis for your termination is discrimination on color/race/age/religion/gender. You are also protected against retaliation should you file a discrimination lawsuit. You can also sue your employer for sexual harassment even though you employed at will.

Arbitration- It is a clause wherein the employer states that you need to settle your complaints first with the management and through company hired lawyers or a mediator. Review your written employment contract and check if there is a provision for

arbitration.

Arbitration compels you to use the company's grievance and arbitration process. It may have an advantage because it is speedier and settlements can be made. However, its disadvantage lies if the arbitrator or mediator favors the employer over you. Chances are you will not be able to fully assert your demands.

3. Non- compete clause- This provision states that you cannot work in the same field or line of profession months or years after you leave the company. This clause in the employment contract binds you to a legal responsibility to keep full loyalty and surrender all intellectual property to the company.

The employer has an advantage of protecting the trade secrets of his/ her company and prevents competitors from recruiting his/her former employee. In this way, the employer can prevent sabotage of significant information and preserve confidentiality of company affairs.

4. Liquidated damages- Some contracts have penalties for violation of any of the terms and conditions in the contract. Although most of the behavioral policies have respective disciplinary action, case such as unreasonable discontinuance of work may have monetary penalty.

Consult an Employment Law Attorney in Los Angeles to learn more on Employment Contract and file the lawsuit.


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