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Breach of Contract Dispute?

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Employer-employee relationships may sometimes be based upon complex employment contracts, which often provide certain protections for the employee.  When an employer violates the terms of an employment contract, the employee may be able to bring a breach of contract action against the employer.  Likewise, if an employee breaches a provision of an employment contract, he or she may be liable to the employer for any damages resulting from that breach of contract.  Because breach of contract cases can be complex, it is important to consult with a San Diego employment attorney before filing (or when defending) a claim.

Breach of Employment Contracts

If an employer breaches the terms of an employment contract, it can be held liable and required to pay damages to the employee.  Examples of common breach of contract claims include:

If an employee breaches a contract he or she can be held liable and required to pay damages.  Examples include:

  • Breach of trade secrets
  • Breach of non-compete clauses
  • Termination in breach of the contract
  • Fraud
  • Commission or wage over-payments, or refund of signing bonuses.

Proving Breach of Contract

For an employee to properly demonstrate that an employer has breached an employment contract, the employee usually must prove that:

  • A valid employment contract exists;
  • The employee either performed his or her obligations under the contract or had a valid excuse for nonperformance;
  • The employer breached the contract; and
  • Because of that breach, the employee suffered damages.

Important note:  A valid contract may be written, oral or implied!

Damages Resulting from a Breach of Contract

An employee may suffer from a wide variety of damages as a result of a breach of contract. Such damages may include:

  • Lost wages or profits
  • Expenditures made on reliance of the contract
  • Mental or physical suffering
  • Liquidated damages
  • Interest

If an employee properly proves breach of contract, he or she may be entitled to any (or all) of the above damages. In certain circumstances, the employee may also be entitled to reasonable attorney’s fees.

Legal Representation in Breach of Contract Cases

If you are facing a potential breach of contract, it is important that you consult with an experienced San Diego labor and employment lawyer. At Pope, Berger & Williams, LLP, our attorneys are dedicated to assisting employees who have been wronged by their employers. We also represent employers who are seeking to engage in fair and just employment practices, to avoid future problems. If you need legal representation, contact a San Diego employment attorney at Pope, Berger & Williams, LLP today.

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