California Employment Contract Attorney
- Top Rated Trial Firm
- Over $100 Million Recovered For Clients
- No Fees Unless We Win
FEATURED ON
At Feher Law, our California employment contract attorneys protect employees facing contract disputes, unfair terms, and employer breaches across the state. We help California workers by reviewing contracts before signing, negotiating better terms, and pursuing maximum compensation when employers violate contractual obligations.
Our team has recovered over $100 million for California workers, and we’re ready to fight for your rights.
If you’re facing workplace issues, our California employment lawyers are here to help — schedule your free consultation today.
How We Help Employees With Employment Contract Issues
We guide California employees through every stage of employment contract matters. Our team reviews contracts before you sign, negotiates better terms on your behalf, and pursues legal action when employers breach agreements. From contract review to courtroom advocacy, we stand with you every step of the way.
Contract Review Before You Sign
We examine employment agreements line-by-line to identify unfavorable terms, unenforceable clauses, and hidden obligations. California law prohibits certain contract provisions—like broad non-compete agreements—that many employers still try to include. We’ll explain what you’re actually agreeing to in plain language and advise whether you should negotiate changes before signing.
Negotiation and Drafting Assistance
Starting a new position gives you leverage to negotiate better contract terms. We help employees secure higher compensation, stronger job protections, clearer termination provisions, and more favorable severance packages. Our attorneys know which terms California courts will enforce and which ones employers might later ignore.
Breach of Contract Claims
When your employer violates a written, oral, or implied employment contract, you may recover lost wages, benefits, and other damages. We’ve successfully represented employees in breach claims involving unpaid bonuses, wrongful termination, denied promotions, and violated severance agreements.
💡 Additional reading: What kind of lawyer do I need to sue an employer
California Employment Contracts Explained
A California employment contract attorney can help you navigate three types of employment contracts recognized under California law: written, oral, and implied. Each creates legally binding obligations that both you and your employer must follow. We help you determine which type of contract governs your employment relationship and what rights you can enforce.
- Written contracts provide the strongest legal protection because the terms are clearly documented. These formal agreements specify your job duties, compensation, benefits, termination procedures, and other employment conditions. California courts generally enforce written contracts according to their plain language, though certain provisions that violate public policy remain unenforceable.
- Oral contracts form when you and your employer make spoken agreements about employment terms. While legally binding under California law, oral contracts present proof challenges if disputes arise. You must demonstrate what was actually agreed upon, when the agreement occurred, and that both parties intended to create a binding arrangement.
- Implied contracts arise from employer conduct, company policies, or workplace patterns rather than explicit agreements. Employee handbooks, consistent workplace practices, performance reviews, and supervisor statements can all create implied contract terms. California courts consider the totality of circumstances to determine whether an implied contract exists.
✔️ Our attorneys analyze all forms of employment contracts to protect your rights and maximize your legal options.
California's At-Will Employment Presumption
Employment in California is presumed at-will unless a specific contract changes that default rule. At-will employment means either you or your employer can end the employment
relationship at any time for any lawful reason—or no reason at all. This presumption protects employer flexibility but leaves most employees vulnerable to sudden termination.
Employment contracts override the at-will presumption by creating enforceable obligations. When you have a contract specifying employment duration, termination procedures, or other binding terms, your employer cannot simply fire you without following those contractual requirements.
California Labor Code sections 2922-2925 establish the at-will framework while recognizing that contracts can modify these default rules.
⚖️ Courts have reinforced this balance in cases like Foley v. Interactive Data Corp., where California’s Supreme Court held that employers can limit at-will employment through their own conduct.
If an employer makes promises, issues policy statements, or consistently follows certain procedures, those actions can create an implied contract — even without a formal written agreement. When that happens, an employer may be legally restricted from firing an employee at will.
| Employment Type | Can the Employer Terminate Anytime? | Proof Required | Duration Protection |
|---|---|---|---|
| At-Will (No Contract) | Yes (except illegal reasons) | None needed | No protection |
| Written Contract | Only per contract terms | Contract document | As specified in the contract |
| Oral Contract | Only per agreement | Testimony, evidence | As agreed verbally |
| Implied Contract | Only consistent with implied terms | Policies, practices, and conduct | As established by the pattern |
✔️ The California Department of Industrial Relations provides guidance on employment relationships and worker protections that affect contract disputes statewide. We apply this legal framework to build strong cases for our clients.
Contact us now to discuss your case and get the experienced legal team you deserve on your side.
CASE RESULTS
RESULTS FROM OUR MOST RECENT CASES
Meet Your California Employment Contract Attorneys
Here’s a glimpse of our experienced employment lawyers in California who will be advocating for your rights and fight for the justice you deserve.
What Clients Think of Us
Hearing from those we’ve represented is the best way to understand the impact of our work. Check out the testimonials below to see what our clients have to say about their experiences with us.
Common Employment Contract Terms and Provisions
Employment contracts typically address compensation, job duties, duration, benefits, and termination procedures. California law imposes specific requirements and limitations on what contract terms employers can enforce. We help you identify which terms protect your interests and which ones create risks.
Compensation and Benefits
Contracts should specify your base salary or hourly rate, payment schedule, bonus structure, equity compensation, health insurance, retirement contributions, and other benefits. California requires that written contracts clearly state compensation terms to avoid disputes.
Job Duties and Responsibilities
Clear descriptions of your role, reporting structure, work location, and expected performance standards prevent misunderstandings. Vague job descriptions give employers excessive flexibility to change your role without your consent.
Employment Duration
Contracts may specify a fixed term (one year, three years) or remain open-ended. Fixed-term contracts provide greater job security since employers typically cannot terminate early without cause. Open-ended contracts offer more flexibility but less protection.
Termination Provisions
Strong contracts specify the grounds for termination, required notice periods, severance payments, and post-termination obligations. “For cause” termination clauses protect you from arbitrary firing by requiring employers to prove serious misconduct or performance failures before ending employment.
Confidentiality and Non-Disclosure
Many contracts require employees to protect proprietary information, trade secrets, and confidential business data. California law permits reasonable confidentiality provisions that protect legitimate business interests while preserving your ability to work in your field.
Non-Compete and Non-Solicitation Clauses
California Business and Professions Code Section 16600 generally prohibits non-compete agreements that prevent employees from working for competitors. Most non-compete clauses in California employment contracts are unenforceable. Non-solicitation provisions that prevent you from recruiting former colleagues or pursuing former clients face similar enforceability challenges.
✔️ Our team reviews every contract provision to ensure your agreement protects your rights rather than restricting your career opportunities.
Reviewing Employment Contracts Before You Sign
Never sign an employment contract without careful review and professional legal advice. Employers draft contracts to protect their interests—not yours. Taking time to review every provision before signing prevents future disputes and positions you to negotiate better terms upfront.
- Read every section carefully: Contract language often includes technical legal terms, cross-references to other documents, and fine-print provisions that significantly impact your rights. Pay special attention to termination procedures, dispute resolution clauses, and post-employment restrictions.
- Identify unfavorable terms: Look for provisions requiring mandatory arbitration, waiving your right to join class actions, assigning ownership of work you create outside employment, or imposing excessive penalties if you leave. California law renders some unfavorable terms unenforceable, but others may bind you.
- Consider what’s missing: Strong contracts include severance provisions, change-of-control protections, expense reimbursement policies, and specific bonus calculation methods. If these terms matter to your situation, negotiate their inclusion before accepting the position.
- Request modifications: Employers often negotiate contract terms before hiring is finalized. Reasonable requests for higher compensation, shorter notice periods, or clearer performance standards typically receive serious consideration.
✔️ We negotiate on your behalf to secure favorable contract terms that protect your interests from day one.
When Employers Breach Employment Contracts
A breach occurs when your employer fails to fulfill obligations specified in your employment contract. California law provides remedies when employers violate written, oral, or implied contract terms. We help you prove breach and recover full compensation for your losses.
Common Breach Examples
Employers breach contracts by terminating you without following required procedures, failing to pay promised compensation, denying earned bonuses, eliminating agreed-upon benefits, demoting you without cause, or changing fundamental job terms without consent. Each violation of a material contract term can support a breach claim.
Material vs. Minor Breaches
Material breaches involve significant contract violations that undermine the core employment relationship—like sudden termination during a guaranteed employment period. Minor breaches involve less serious violations that don’t destroy the overall agreement. California courts focus on whether the breach deprived you of benefits you reasonably expected under the contract.
Proving Your Breach Claim
You must establish four elements: (1) a valid contract existed, (2) you performed your obligations, (3) your employer failed to perform required obligations, and (4) you suffered damages from that failure. Documentation strengthens your case—save all employment contracts, offer letters, email confirmations of agreements, pay stubs, and correspondence about disputed terms.
California’s four-year statute of limitations for written contract breaches and two-year limit for oral contract breaches means you must act promptly. These deadlines run from when the breach occurred or when you discovered it, not from when you left employment.
✔️ We thoroughly document every aspect of your breach claim and file within all applicable deadlines to preserve your rights.
Contact our California employment law team to review your contract before you sign.
Damages You Can Recover for Contract Breaches
California law compensates employees for economic losses resulting from employment contract breaches. Courts calculate damages to place you in the financial position you would have occupied if your employer had honored the contract. We pursue every available remedy to maximize your recovery.
- Lost Wages and Salary: You can recover all salary and wages you would have earned if the contract had been fulfilled. For fixed-term contracts, this typically means compensation for the remaining contract period. For contracts requiring notice before termination, you recover pay for the notice period your employer skipped.
- Lost Benefits: Damages include the value of health insurance, retirement contributions, stock options, equity compensation, and other benefits you lost due to the breach. California courts calculate benefit values based on employer costs or market replacement costs.
- Bonus and Commission Recovery: If your contract guaranteed bonuses or commissions that your employer denied, you recover those amounts plus interest. You must prove the bonuses were earned according to contract terms rather than being discretionary.
- Front Pay and Back Pay: Back pay covers lost compensation from the breach date until judgment. Front pay compensates for future wage losses when reinstatement isn’t feasible. Courts consider factors like your age, remaining career prospects, job market conditions, and mitigation efforts when calculating front pay.
- Job Search Expenses: You may recover reasonable costs of finding replacement employment, including resume services, interview travel, recruiter fees, and relocation expenses. These damages require documentation and must be reasonable under the circumstances.
- Emotional Distress and Punitive Damages: California generally does not award emotional distress damages for simple contract breaches. However, when breaches also violate the Fair Employment and Housing Act or involve fraud, malice, or oppression, additional damages become available.
Our team calculates your complete damages—including every dollar of lost compensation and benefits—to demand full recovery from your employer.
💡 Additional reading: Is it worth suing your employer
Feher Law's Approach to Contract Breach Cases
We’ve recovered over $100 million for California workers whose employers violated their rights. Our approach combines detailed contract analysis, aggressive negotiation, and trial-ready preparation. When employers breach employment contracts, we develop comprehensive strategies to maximize your recovery and hold them accountable.
Our team starts by thoroughly analyzing your contract, employment history, and all relevant documentation. We identify every breach, calculate full damages, and research case law supporting your position. This preparation positions us to negotiate from strength or litigate effectively if settlement fails.
- Negotiation and Settlement: Many breach claims resolve through negotiation before litigation becomes necessary. We demand fair compensation reflecting your full damages and refuse employer’s lowball offers. Our reputation for taking cases to trial motivates employers to offer reasonable settlements.
- Litigation When Necessary: When employers won’t negotiate fairly, we file lawsuits in California state or federal courts. We handle all litigation aspects—pleadings, discovery, depositions, motions, and trial. Our trial experience includes a $22,762,145.85 bench verdict and numerous seven-figure settlements.
- No Fee Unless We Win: We represent employment contract clients on contingency, meaning you pay no attorney fees unless we recover compensation. This arrangement allows employees to pursue valid claims without upfront costs. Our fee—typically 33% pre-litigation, 40-45% during litigation, or 45-50% at trial—comes from your recovery.
Schedule your free case evaluation to discuss your employment contract claim.
Employer Defenses to Breach Claims
Employers raise various defenses when accused of breaching employment contracts. California courts evaluate these defenses based on contract language, surrounding circumstances, and established legal principles. We anticipate every defense and build evidence to overcome employer arguments.
- No Contract Existed: Employers often claim no binding contract was formed—that discussions remained preliminary negotiations or that oral statements didn’t create enforceable obligations. We defeat this defense by documenting offer letters, email confirmations, acceptance communications, and conducting a showing that both parties intended to create binding agreements.
- Contract Was Terminated Properly: Employers argue they followed contract termination provisions correctly—that a cause existed for termination or required notice was provided. We challenge these claims by showing that the stated cause was pretextual, procedural requirements weren’t followed, or termination violated implied contract terms.
- Employee Breached First: California Labor Code Section 2924 allows employers to terminate at-will contracts when employees willfully breach duties or habitually neglect responsibilities. We respond by demonstrating your satisfactory performance, showing the alleged breach was minor, or proving the employer waived strict contract enforcement through past conduct.
- Contract Terms Are Unenforceable: Some employers admit breaching contracts but claim the violated provisions are illegal or against public policy. While this defense sometimes succeeds with provisions like non-compete clauses, California courts generally enforce clearly-written contract terms that don’t violate laws or public policy.
- Damages Were Mitigated: Employers must prove you failed to reasonably mitigate damages by seeking comparable replacement employment. California requires employees to make reasonable efforts to find new work, but employers bear the burden of proving you didn’t. You need not accept substantially inferior positions or relocate unreasonably to mitigate.
✔️ We prepare comprehensive responses to every potential defense, ensuring employers cannot escape liability for their contract violations.
Oral and Implied Employment Contracts in California
Written contracts provide the clearest employment terms, but California law also enforces oral agreements and implied contracts formed through employer conduct. These unwritten contracts present unique proof challenges yet offer important protections when employers make binding promises without formal documentation.
We gather evidence to prove these agreements and enforce your rights.
Proving Oral Contracts
You must establish that your employer made specific promises, you accepted those promises, consideration supported the agreement, and both parties intended to create binding obligations. Witnesses who heard the promises, follow-up emails referencing the agreement, and your reliance on the promises all strengthen oral contract claims.
How Implied Contracts Form
Company handbooks stating progressive discipline procedures, long-term employment patterns, representations during hiring, promotion promises, and consistent employer practices can create implied contract terms. California courts examine the totality of circumstances—not isolated statements—to determine whether reasonable employees would believe implied promises were binding.
Employee Handbook Provisions
Many handbooks state they don’t create contracts, and employment remains at-will despite handbook policies. However, California courts sometimes find these disclaimers insufficient when handbooks provide detailed procedures employers must follow. Clear, consistently followed progressive discipline policies often create implied contracts limiting termination rights.
Proving Performance Reviews Create Obligations
Regular positive reviews, promotion discussions, and supervisor statements about job security can create implied promises of continued employment. When coupled with established workplace practices, these representations may bind employers even without written contracts.
✔️ Our attorneys analyze all employer statements, policies, and conduct to build the strongest possible case for oral or implied contract enforcement.
Industry-Specific Employment Contract Considerations
Different California industries face unique employment contract issues requiring specialized legal knowledge. Technology, healthcare, entertainment, and financial services each present distinct challenges regarding intellectual property, regulatory compliance, and standard practices. We help employees across industries navigate these complexities.
Technology Sector Contracts
Tech companies routinely require invention assignment agreements claiming ownership of everything you create during employment. California Labor Code Section 2870 protects inventions you develop on your own time using your own resources that don’t relate to the employer’s business. We negotiate provisions ensuring you retain rights to personal projects.
Healthcare Employment Agreements
Medical professionals face contracts with restrictive covenants, tail coverage requirements, and complex call obligations. While California prohibits traditional non-competes, healthcare contracts often include patient non-solicitation provisions and facility radius restrictions. We help healthcare workers negotiate enforceable terms protecting their ability to practice.
Entertainment Industry Deals
Actors, writers, and production staff negotiate contracts involving residuals, credit provisions, and work-for-hire terms. California’s entertainment industry presents unique contract law applications requiring familiarity with guild agreements, industry customs, and intellectual property principles.
Executive Compensation Packages
Senior executives negotiate complex arrangements including equity compensation, change-of-control provisions, golden parachutes, and deferred compensation. These sophisticated contracts require careful tax planning and securities law implications.
✔️ We apply industry-specific knowledge to ensure your contract protects your interests and complies with all applicable regulations.
Severance Agreements and Contract Termination
Severance agreements often accompany employment terminations, offering compensation in exchange for releasing legal claims. California employees should never sign severance agreements without legal review. These contracts typically contain provisions waiving your right to sue for discrimination, harassment, wrongful termination, and contract breaches.
- What Severance Agreements Typically Include: Employers offer lump-sum payments, continued health insurance, outplacement services, neutral reference letters, and sometimes equity acceleration in exchange for broad liability releases. California law requires certain disclosures and waiting periods for releases involving discrimination claims.
- Release of Claims Provisions: Most severance agreements require you to waive all potential claims against your employer. California courts generally enforce these releases unless procured through fraud, duress, or without required legal disclosures. Before signing, identify whether you have valuable claims worth more than the severance offered.
- Negotiating Better Severance: Initial severance offers rarely represent the employer’s final position. We negotiate increased payments, longer insurance continuation, neutral references, removal of non-disparagement clauses, and carve-outs preserving important legal claims. Employers often improve offers when facing potential litigation costs.
- Older Workers Benefit Protection Act: Federal law requires employers to give workers over 40 specific disclosures about severance releases, including 21 days to consider the agreement (45 days for group terminations) and seven days to revoke after signing. Agreements not meeting these requirements are unenforceable.
✔️ We review every severance provision to identify valuable claims you shouldn’t waive and negotiate terms that maximize your compensation.
Have our attorneys review any severance agreement by calling 866-646-6676 before you sign away your rights.
Filing Breach of Contract Claims in California
California provides multiple forums for employment contract disputes—state courts, federal courts, and arbitration. Where you file and how you present your claim significantly impact your success prospects and potential recovery. We navigate procedural requirements to position your case for maximum success.
- Choosing the Right Court: Most employment contract cases belong in California superior courts where judges familiar with employment law preside. Federal courts have jurisdiction when cases involve federal questions or diversity of citizenship. Your contract may mandate arbitration, forcing disputes into private proceedings rather than public courts.
- Complaint Requirements: California breach of contract complaints must allege contract existence, your performance, the employer’s breach, and resulting damages. Specific factual allegations supporting each element strengthen your complaint and survive demurrer motions challenging legal sufficiency.
- Discovery Process: Both sides exchange documents, answer written questions (interrogatories), and conduct depositions where parties testify under oath. Thorough discovery reveals evidence supporting your claims and exposing weaknesses in employer defenses. California’s broad discovery rules allow extensive information gathering before trial.
- Alternative Dispute Resolution: Many contracts require mediation or arbitration before litigation. Mediation involves a neutral facilitator helping parties negotiate a settlement. Arbitration resembles streamlined trials where arbitrators—not judges or juries—decide cases. Mandatory arbitration clauses restrict your litigation options and often favor employers.
The Los Angeles County Superior Court provides resources about civil case procedures for employment disputes filed in California’s largest jurisdiction. We handle every procedural step to ensure your case moves forward efficiently.
💡 Additional reading: what kind of lawyer do I need to sue an employer
Services We Offer
Our expert lawyers cover a wide range of employment matters, including:
Why California Employees Choose Feher Law
Clients become extensions of our family throughout what can be multi-year legal battles. We’ve built our practice around genuine advocacy, transparent communication, and relentless pursuit of maximum compensation. Our track record proves our commitment to employee rights.
Experience That Matters: Experience That Matters: Our attorneys have secured over $100 million in settlements and verdicts for clients across California, including a $7,000,000 civil rights settlement and numerous recoveries for employees in breach of contract disputes. We know how to build strong cases and maximize results.
Employee-Focused Representation: We represent employees exclusively—never employers. This focus means we understand worker challenges, anticipate employer tactics, and fight without conflicts of interest. Your goals drive our strategy, not corporate relationships or employer considerations.
Personalized Attention: You’ll work directly with experienced attorneys who know every detail of your case. We don’t delegate to inexperienced associates or paralegals for critical decisions. You receive our cell phone numbers and can reach us whenever questions arise.
Bilingual Services: Our team provides services in both English and Spanish, ensuring language never prevents you from communicating your story effectively.
✔️ We fight for every dollar you deserve and never settle for less than maximum compensation.
Taking Action on Your Employment Contract Case
Employment contracts create enforceable rights protecting your livelihood, career trajectory, and financial security. When employers breach these agreements or present unfair terms, taking prompt legal action preserves your options and strengthens your position. We guide employees through every decision point—from initial review through final resolution.
California’s legal deadlines mean delays can permanently destroy valid claims. Document everything related to your employment contract, promised benefits, and any breach. Save all emails, text messages, performance reviews, and pay records.
We handle employment contract matters throughout California, serving workers in Los Angeles, Orange County, San Diego, San Francisco, Sacramento, and everywhere between. Our statewide practice means local knowledge combined with resources to match any employer’s legal team.
Call 866-646-6676 or contact us online for your free consultation about employment contract issues.
GET A FREE CONSULTATION
Our team is standing by and ready to assist you. Consultations are completely free and confidential. We will help you determine if you have a case.
- Over $100 Million Recovered For Clients
- No Fees Unless We Win
- We Fight for Maximum Compensation
- Get The Justice You Deserve
"*" indicates required fields
FAQs
How long do I have to file a lawsuit if my employer breaches my employment contract in California?
California law gives you four years to file breach of contract lawsuits for written contracts and two years for oral agreements. The deadline starts when the breach occurred or when you discovered it—not when you left employment. Missing these deadlines permanently bars your claims, regardless of how strong your case is.
We recommend consulting an attorney immediately after any suspected breach to preserve all legal options and ensure proper documentation.
What should I do if my employer asks me to sign a severance agreement right away?
Never sign a severance agreement without legal review, regardless of pressure from your employer. Request time to consult an attorney—federal law actually requires employers to give workers over 40 at least 21 days to consider severance agreements.
Severance offers typically include releases waiving your right to sue for discrimination, wrongful termination, and contract breaches. We review severance agreements to determine whether you have valuable claims worth more than what's offered.
How can I prove an oral employment contract exists if there's nothing in writing?
You can prove oral contracts through witness testimony, follow-up emails referencing the agreement, your documented reliance on employer promises, and conduct showing both parties intended binding obligations. California courts enforce oral employment contracts when you demonstrate specific promises were made and accepted.
We gather all available evidence—including emails, text messages, and witness statements—to build strong proof of oral agreements employers try to deny.
What happens if my employment contract says one thing but my employee handbook says something different?
California courts generally enforce specific written employment contracts over broader handbook policies when conflicts arise. Courts examine timing (later agreements often override earlier ones), specificity (detailed contract terms control general handbook language), and express language stating which document governs.
We analyze both documents to determine which provisions control your employment relationship and identify any inconsistencies that work in your favor when disputes arise.
How much does it cost to hire an attorney to review my employment contract before I sign it?
We offer free consultations to review employment contracts and discuss your situation. For representation, we work on contingency for breach of contract claims—meaning you pay no attorney fees unless we recover compensation for you. Our fee typically ranges from 33% pre-litigation to 40-45% during litigation.
For contract review before signing, we can discuss flat-fee or hourly arrangements. Many employees find investing in legal review upfront prevents costly problems later.
