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At our employment and labor law firm, we are dedicated to protecting the rights of employees who have been wrongfully terminated due to a breach of contract or implied contract. In California, employment agreements, whether explicit or implied, play a crucial role in defining the terms and conditions of employment. This detailed guide aims to explain your rights against wrongful termination for breach of contract or implied contract and outline the steps you can take if your employer violates these rights.

What is a Breach of Contract?

A breach of contract occurs when an employer violates the terms of a written or oral employment agreement. This breach can involve failing to uphold promises regarding job security, compensation, benefits, or other employment conditions. In the context of wrongful termination, a breach of contract typically refers to an employer terminating an employee in violation of the agreed-upon terms.

Understanding Implied Contracts

An implied contract is an unwritten agreement that can be inferred from the conduct, communications, or practices of the employer and employee. In California, implied contracts can be established based on factors such as:

  • Length of Employment: Long-term employment with consistent job performance and positive evaluations.

  • Promises of Job Security: Verbal assurances or company policies suggesting that employees will not be terminated without good cause.

  • Company Policies: Employee handbooks or policies that outline termination procedures and protections.

Employee Rights Under California Law

In California, employees are protected by various laws that safeguard their rights under both explicit and implied contracts. These protections ensure that employers cannot arbitrarily terminate employees in violation of the agreed-upon terms. Key protections include:

  • Written Employment Contracts: Written contracts specify the terms of employment, including duration, job responsibilities, compensation, and termination conditions. Employers must adhere to these terms or face legal consequences.

  • Implied Contracts: Even in the absence of a written agreement, California law recognizes implied contracts based on the conduct and practices of the employer. Employers who violate implied contracts by wrongfully terminating employees can be held accountable.

  • Good Faith and Fair Dealing: California law requires that employers act in good faith and deal fairly with employees. Terminating an employee in a manner that breaches an explicit or implied contract violates this legal principle.

Recognizing Wrongful Termination Due to Breach of Contract

Wrongful termination due to breach of contract or implied contract can take various forms. It is crucial to recognize the signs and understand your rights. Common examples include:

  • Termination Without Cause: Being fired without the "good cause" required by an explicit or implied contract.

  • Violation of Termination Procedures: Terminating an employee without following the procedures outlined in a written contract or employee handbook.

  • Broken Promises: Terminating an employee after promising job security or specific terms that were not honored.

  • Unjustified Dismissal: Being dismissed despite consistently meeting or exceeding job performance standards as outlined in an implied contract.

What to Do If You Experience Wrongful Termination for Breach of Contract

If you believe you have been wrongfully terminated due to a breach of contract or implied contract, it is essential to take action to protect your rights:

Review Your Employment Agreement

Carefully review any written employment contracts, offer letters, or employee handbooks that outline the terms of your employment.

Document Everything

Keep detailed records of all relevant interactions, including communications that demonstrate the terms of your employment and any breaches. Collect emails, text messages, performance reviews, and witness statements.

File a Complaint with Your Employer

Report the wrongful termination and any related breaches to your employer’s human resources department or follow the company’s internal grievance procedures.

Seek Legal Advice

Consult with an experienced employment and labor law attorney to evaluate your case and determine the best course of action.

How We Can Help

Our experienced employment and labor law attorneys are dedicated to advocating for employees' rights and providing comprehensive legal support. We understand the complexities of wrongful termination cases involving breach of contract or implied contract and the significant impact that such actions can have on your career and personal life. We are here to provide the support and legal expertise you need.

We offer a comprehensive range of services to support employees facing wrongful termination, including:

Case Evaluation

Conducting a thorough assessment of your situation to determine the best legal strategy.

Legal Representation

Representing you in negotiations, administrative proceedings, and court if necessary.

Contract Analysis

Reviewing and analyzing employment contracts, employee handbooks, and other relevant documents to identify breaches and establish your claims.


Advocating for fair treatment and compliance with contract laws in your workplace.

Legal Remedies for Wrongful Termination

If your wrongful termination case due to breach of contract or implied contract is successful, you may be entitled to various legal remedies, including:

Back Pay

Compensation for lost wages and benefits from the time of termination to the resolution of your case.

Front Pay

Compensation for lost wages and benefits from the resolution of your case until you find comparable employment.

Compensatory Damages

Compensation for emotional distress, pain and suffering, and other non-economic damages.

Punitive Damages

Additional damages intended to punish the employer for particularly egregious conduct.

Attorney’s Fees and Costs

Reimbursement for legal expenses incurred in pursuing your case. You pay nothing unless we win.

Contact Us

If you believe you have been wrongfully terminated due to a breach of contract or implied contract, we are here to help. Contact our firm today for a free consultation to discuss your case and explore your legal options. Together, we can fight for your rights and ensure that you receive the justice and fair treatment you deserve.

Understanding and protecting your rights against wrongful termination is crucial for your career and personal well-being. Let us stand with you in your pursuit of justice and ensure that your rights are fully protected.

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