An employment contract is an agreement between an employer and employee with respect to the terms and conditions of the employee’s employment.
Employers and employees make employment contracts to assure that certain terms of employment will be clear and binding. An oral agreement may be sufficient if the agreement is simply to pay a specified wage for specified work, but it is helpful to place more complex agreements in writing. A written contract helps both the employer and the employee avoid misunderstandings about the terms of employment, and helps avoid disputes whether the promises were made.
Most employment agreements provide for at-will employment, which allows the employer to terminate the employee at any time for any reason or no reason, provided that the reason for the termination decision is not unlawful.
However, in certain instances, a written employment contract, particularly for an executive or professional employee, may include terms such as:
In addition, when compensation is based on commissions, California law requires the employer to give the employee a written contract. At a minimum, the contract must specify how commissions will be calculated and when they will be paid.
A breach of contract is a failure to abide by a material term on the contract. A material breach is one that affects a significant right or condition of the contract. In simpler language, when an employer breaks a significant promise that is included in a contract, the employer has breached the contract.
Examples of breach of an employment contract include:
Any other duty imposed upon an employer by a contract may lead to a breach of contract if the employer fails to fulfill that duty.
If the breach involves a relatively minor term of the contract that an employee does not care much about, the employee can elect to ignore the breach. In some cases, an employee may decide not to disrupt a peaceful relationship with an employer by making an issue about a breach that isn’t important to the employee.
When a breach is more significant, however, the employee may have several options. The employee might bring the breach to the employer’s attention and ask the employer to keep the promise made in the contract. The employee might try to negotiate with the employer if the employer feels that the contract was not breached or if the promise was not fulfilled for a reason that the law arguably allows. The employee might want an experienced San Francisco employment lawyer to negotiate on the employee’s behalf.
An employee can also pursue legal remedies, such as suing the employer for damages or for an order requiring the employer to keep its promise. The specific remedy that may be available will depend on the facts of the case.
If the breach also involves a violation of California law, such as wage and hour laws or prohibitions against discrimination, the employee might pursue remedies for those violations instead of, or in addition to, a breach of contract lawsuit.
Making decisions about the best way to address a breach of contract can be difficult. An experienced employment lawyer in San Francisco is well-positioned to steer executives and other employees though the complex maze of rights and remedies that are associated with a breach of contract. Employees and executives who need legal advice can contact Minnis & Smallets by calling 1-415-551-0885 or by using our online contact form.
If you are looking for advice or representation, please contact us today using the form below and we will promptly respond to your inquiry.
Attorney Advertising. This information is designed for general information only. The information presented should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Past results and testimonials are not a guarantee, warranty, or prediction of the outcome of your case, and should not be construed as such. Past results cannot guarantee future performance. Any result in a single case is not meant to create an expectation of similar results in future matters because each case involves many different factors, therefore, results will differ on a case-by-case basis. By providing contact information, users acknowledge and give explicit consent to be contacted via the methods of communication provided, including SMS. Message and data rates may apply. Message frequency may vary. Reply STOP to opt out.
NUVEW | Copyright 2025 All Rights Reserved | Accessibility Notice | Privacy Statement