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Category Archives: Employment contract

Employment contract

4 responses to “How to Read an Employment Contract: Part 2”

  1. Paul Williamson says:

    My wife is an Optometrist who is an independent contractor to provide services to the State of California prison systems. She won a competitive contract 4 years ago as the low bidder, another optometrist won with a higher bid as a “backup” secondary provider, Both have and has worked there ever since , even though the contract expired 2 years ago and the State never renewed it.State still acts as if contract is still in force, same work definition, specs, rate of pay, etc.for both.

    They recompeted contract 6 months ago but no-one won because they required a bid 1/3 that of the going rate., and no bid was low enough, so the procurement was cancelled. Now she is being terminated for convenience (not cause) while the higher paid optometrist , a younger man,is retained as an emergency provider under a new non-competitive (sole source) contract with identical SOW, terms etc as original contract, even though he costs $200/day more than my wife.It seems to us that State is violating their own laws for competitive awards, and that she is still covered under an implied contract even though contract expired (or at least the rule that low bidder does the work). We can see the State terminating the services for both contractors, and recompeting (State tried that, it didn’t work), OR awarding both existing contractors new contracts as before, but we cannot see how it is legal to select a higher-cost provider on a sole-source basis when both have been continuous providers for the past 5 years under the first (and only) competitive contract that expired.We are considering direct legal action or filing claims with EEOC/DFEH leading to a lawsuit. Do we have a case?.

  2. Frank Lopez JR says:

    If I worked a new position under certain conditions discussed between my employer and I and if my employer went back on their word of the conditions, would that be considered under a breach of contract? Do I have the right to be given back my original position I was hired for?

  3. ilenei says:

    is it illigal if your employer make you work on national holiday for example memorial day?

  4. Legal Aid says:

    Read the economic provisions of the contract such as the provisions regarding salary, bonuses and other benefits. You should also check the terms involving grounds for termination and other pertinent matters.

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5 responses to “How to Read an Employment Contract: Part 1”

  1. Amy says:

    Very good post

    Keep them coming.

    Thanks again

  2. Very good post

    Keep them coming.

    Thanks again

  3. well said (above) it’s plain and simple

    Thanks for the post

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37 responses to “Can My Employer Break My Employment Contract? Can I?”

  1. Cindy S says:

    I was working as a w2 employee on a project through an agency and did not sign a no compete. I have had major issues being paid appropriately – time gaps for no reason, simply not processing payroll due to a data entry error on the part of payroll, was told not set up in the system, keeps taking random state taxes out for which I do not reside, did not set up direct deposit, has messed up Federal with holding consistently the times I am paid. i was just advised by the recruiter who hired me that I could not go to work directly for the company that I was providing project services to. Something seems very fishy. Any advice is appreciated.

  2. Ruan de Kock says:

    I am working for an NGO. I recently left my old job and starrted with them. I signed my employment contract but now the NGO has no funding so I am now unemployed.

    Do I have a case to sue for loss of income?

  3. Rosa Coords says:

    I am a teacher that requested a transfer last school year and got it denied, because “they needed me”. So the head of HR WROTE me a letter saying I would have priority over anybody else for any position. I just want to remain in the same location, but I just got transfered somewhere else. Do I have a case?

  4. Tony DeMario says:

    So my contact is pretty simple. It states what position I hold and my salary. Today I was demoted to an hourly employee and lost my managerial position. Do I have a case?

  5. Argie says:

    So i work at a fast food restaurant and we have like this policy that we are allowed to have 2 call offs in a month. Okay here’s the thing i haven’t called of for almost a month and then i called off on the 2nd week of feb (1 time) and i called off again the 4th week ( due to sickness ) then my manager makes our schedule right then when i saw it i don’t have any schedules and now she told me that she’s waiting for the hr decision. I had this co worker that she almost fired too and she still gave him a chance and i don’t get any? And then last night one of my co worker sent us the sched for next week and the next thing you know im out of that schedule my name isn’t there anymore. Can i sue them?

  6. hanerykroze says:

    No body allow to broke the contract. If the employe broke then he have to pay for it, if employer broke then they have to pay to the employee.

  7. kd says:

    my job contract states that I am paid the week of Christmas through New Years day- well the Boss sent out an email that we are working Mon-Wed – what do I do – I brought the contract to the attention of the “new” HR Manager and he said he would talk to my Boss and never got back to me! So I have to work 3 days in which I was entitled by Contract to have off and paid!

  8. Gabriela Agape says:

    What if they refuse to give me a contract?

  9. I says:

    employer hires employees at a salary rate.
    A few months later the employee was notified by employer that the pay structure had to be changed. Is it legal for the employer to changed a pay structure with a signed contract of promised salary?

  10. Amit says:

    My employment is govern by law of California

    I am full time employee of a company A (H1-B sponsor) and company is having C2C with another company B, and there is a direct client of B, which is C (Client).

    Now, I got full time employment offer from company B (Company is willing to transfer H1-B sponsorship on B) and work for same client C (Client).

    Concern points-

    1. A and B both are having contract which says, B will not work directly or indirectly with me – B has already offered me employment; and they say, we’ll handle (Should I worried about this?)

    2. I have signed Non-Compete Agreement with company A and blow are the important point where I need expert input-

    · NON-COMPETE COVENANT. For a period of 2 years upon completion of employment with A, “XYZ” will not directly or indirectly engage in any business that competes with “A”. This covenant shall apply to the geographical area that includes all of the State of California.

    · NON-SOLICITATION COVENANT. For a period of 2 years upon completion of employment with “A”, “XYZ” will not directly or indirectly solicit business from, or attempt to sell, license or provide the same or similar products or services as are now provided to, any customer or client of A. Further, for a period of 2 years upon completion of employment with A, “XYZ” will not directly or indirectly solicit, induce or attempt to induce any employee of A. to terminate his or her employment with A.

  11. Lori Armstrong says:

    As a condition of employment my former employer made me sign a contract to work for them for two years in exchange for specialized training. I left after six months and never received the training and they were supposed to deduct a certain amount from my last paycheck and did not. Now over 4 months later they sent me a bill for that amount, they broke the contract by not taking the money from my last check. Can they legally bill me now?

  12. KF says:


  13. genia says:

    I got my interview l sign my offer letter and after a week the company wants to reduce my pay more than 20% .They say that they were under the impression that I had the qualifications for the job; but now they realize that I don’t. However the position that they are referring to is not the one that I applied for .I will add that I quit my job of 8 years to go to this company.

  14. 12KLAY says:


  15. marin says:

    When I hired into a home care agency I had a verbal contract from the employer stating that I would not have to work any holidays. Today they shoved an agreement in my face asking me to sign it that states I agree to work holidays……I will not sign it as it negates our verbal contract. Can I collect unemployment if I am fired for not signing it? They told me I had 2 days to sign it but didn’t give me a copy to bring home to read through. Any suggestions? I will not work holidays.

  16. Sadandconfused says:

    Over two years ago my employer stopped paying the employees and so I sent a letter asking when we would see the money we were working for. They fired me (I was on a contract) and they should not have been able to fire me for no reason. The whole thing really screwed up my life.. I would still be working there if this hadn’t happened. Is there anything I can do?

  17. Camille says:

    My friend recently signed a contract with a family and here is what is says:
    Preliminary Contract of Employment
    $1000/mo with tax for 12 months
    Jane Doe agreed to start to work for us starting tomorrow as a housekeeper 24 hours 7 days a week.
    signed by my friend and the employer.
    Question: Can she get out of this contract anytime?

  18. Don Knobis says:

    I and 26 others signed an employment contract that stated the employer can terminate the contract for any reason at any time. Verbally the employer promised a 40 hour week whether we worked the full 40 hours or not. After working 1 day (10) hours and 6 days after the employer said starting retroactively the 40 hour has been reduced to only the hours you worked. Did they terminate the contract? Is it legal to terminate terms retroactively? Can I reject the new terms and consider myself terminated?

  19. nancy says:

    Can my employer change their lunch break policy without going through proper steps? They state that they don’t have to mutually agree with you on giving you a lunch break if you work 6 hours.. is this true?

  20. Louis says:

    My employer took a deduction from my pay check for $55.00 for an apron that is mandatory attire. Originally they were in restaurant for use each shift and laundered by establishment but some many disappeared they decided to charge each one of us for one. Is this legal? Also I’m wondering if the house can take a percentage of auto gratuity added to a check because they booked the party? And finally is there a set amount/ limit you can be told that you have to tip out of your money each night?

  21. sad teacher says:

    I am under contract with a school as an English Tutor, but when I showed up to work they changed my job position to teach English Language Development to kids from Mexico. I have to do a 15 minute pull out class of my own every hour, but the rest of the time I spend in the class with those kids in my pull out class supporting them. I’m not apart of the union, and when I asked about the contract being redone to reflect the change it was ignored. I want to leave the job and teach some place else, but I am afraid they will try to pull my teaching credential as they have said they would do to a teacher who tried to leave at the beginning of the year. Can they really pull my credential? Is this a contract violation, or are the two jobs comparable enough for them to get away with this? (I also work an hour longer than my contract stipulated, but I am paid hourly, not salary.)

    • ElinaProcrastinator says:

      let me first disclaim that i’m not an expert on school employment law, however it sounds like this school is practicing some unfair and deceptive business practices since it seems to threaten its employees into doing things they don’t want to do.

      it seems that you have several issues, 1st your teaching license, 2nd employment contract and 3rd working extra hour .

      1. for your teaching license question i would advise you to look to your licensing organization to learn more about what violations would reflect negatively on your teaching license. that being said, it does not make any sense to me that someone would lose their professional license because she/he quit their job, even if there is a breach of contract situation. however, as i’ve said i don’t know anything about teaching licenses and you would have to either find an attorney who specializes in this or turn to the licensing body for help. also, i know you said that you’re not a union member, but if you contacted a teacher’s union, maybe they would answer some of your questions or put you in contact with someone who would give you advise.

      2. now about the contract, you should read the contract you signed with the school to see if the job description in the contract reflects the work you’re actually performing. although you were hired as a “tutor” the job you’re preforming now as an ESL teacher may not differ from what you “contracted” to perform, except maybe in title since the responsibilities may be same or similar enough where no “undue burden” is placed on you by making you teach the ESL classes. However, if there are vast differences between the job you accepted and the job you’re actually performing as an ESL teacher, then the school is probably in breach of its contract with you. I say probably because it depends on how different are the responsibilities you’re held to from those you agreed to in the contract, it is all about what you bargained for and the burden you bargained for.

      So, if there are major differences between the job you accepted and the one you’re expected to perform now, where you’re expected to do substantially more work or more responsibilities, the school would be in breach and you could leave and sue them for breach. However, another thing you need to consider is how long you’ve been working under these conditions, because the school may argue that agreed to this and the written contract was modified by your conduct…

      3. again i would recommend that you read your employment contract to see what it says about working after/past your normal work hours. generally, if the employer gives you a set schedule, ie M-F 9-5, the employer can’t force you to stay until 6 or to come in on Saturday or to penalize you for refusing to do it because that’s outside the schedule you agreed to with the employer. HOWEVER, the employment contract may state that as part of your job you would be required to stay late or come in on non-working days as necessary, so that would obligate you to stay the extra hour. But again, everything is proportional, so to speak, so if you’re forced to stay an extra hour every day and that interferes with your other obligations, that may be an unreasonable burden on you and you have the right to refuse to perform.

      Furthermore, the employer must pay you for the extra hours of work and those hours count toward your overtime.

      To sum up 🙂 read the job description and terms of the contract you signed, make a list of all your current responsibilities, and compare the two. You may want to, if you can, reach out to teacher’s union because they have expert knowledge in these matters and i’m just guessing their advise would be free. If you decide to see an attorney about this problem, the lawyer would want to see your contract and know the facts of your current job responsibilities, so that list would be a good thing to bring along.

      Since it seems like you would prefer leaving this job over renegotiating your contract it maybe a good idea to start looking for a lawyer

      good luck 🙂

  22. Mojo says:

    CALIFORNIA IS AN AT-WILL EMPLOYMENT STATE, meaning you can quit at any time, for any reason, with or without cause. State law supersedes any contract you signed with a business operating in California.

    I deal with contract and staffing on a daily basis… trust me, you can quit under contract and there is nothing an employer can do besides say your “Not eligible for re-hire”. By law they cannot say any thing negative about you besides the above statement.

    • ElinaProcrastinator says:

      that’s not true, in fact you’ve got it backwards. at-will employment is the default, if the employer didn’t clearly state whether or not you were hired for an “at will” position, the courts will presume that the employment was “at will”. however, when there is a contract between employee and the employer, it binds them to the terms stated in the contract. The contract overrides the presumption of “at will” employment and the terms of the contract will govern the parties rights and obligations under the contract.

      So even though no one can hold you against your will or force you to work somewhere you don’t want to work, if you have a contract with an employer, you can’t quit whenever you feel like it or for no good reason because the employer may sue you for breach of contract.

  23. Axeaum says:

    Just curious to know if employer pust a codition in offer letter that employee can not leave the company for 1.5 years, if do so, he/she has to pay hafty amount($50000) to breach the contract. Is such a contract  leagl in California? 

  24. Feelicia says:

    Thanks for all the information.
    We work in a music store.
    Our boss ask us to sigh as a contractor.
    We cannot work 60 miles away to teach music witch sould be wrong.
    And we cannot set our schedule , we cannot talk to our student about the schedule, we are even cannot see our schedule.
    And they paid us twice 2 month they paid how much they want to pay.
    Yesterday she is mad for we did not show up 1 hour early before work which we did not get pay to show up early.
    And she think we talk something to other teacher behind her back whitch is not true, she even call me to yell at me for no reason.
    And shw said going to cut our schdule for that.
    Can you tell me can we sue them??
    How and what we need to prepare??

  25. Interesting points, the contract always carries a lot of weight

  26. Exactly, if someone is concerned; they should definitely contact an attorney that has experience in contract litigation to determine the likely end result of your claim.

  27. Great advice. Legal Aid, your comment makes sense as well.

  28. Legal Aid says:

    When a contract is validly entered into, parties must observe and respect the provisions thereof. any violation will result to breach hence actionable in courts of law.

    • Kristin says:

      can an employer tell you, you need to change your schedule after hiring you under a different schedule and leaving your previous job because of the schedule promised. Also, if you can’t do the schedule can they tell you it’s a voluntary resignation?

  29. […] wrote an interesting post today on Can My Employer Break My Employment Contract? Can I?Here’s a quick […]

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