Bringing A Claim Based On Breach Of Contract
The existence of an employment contract may provide grounds for challenging a wrongful dismissal. In fact, even if you didn’t have a contract, you could still proceed if there was unlawful discrimination or retaliation. But having a contract can bolster your wrongful termination claim.
At The Armstrong Law Firm, we have a well-recognized record of results in these cases and can guide you confidently through the process. Give us a call today to discuss your specific situation. With offices in San Francisco, Sausalito and Oakland, we serve clients throughout the Bay Area and Northern California.
Did Your Employer Violate Your Employment Agreement?
If an employer fires an employee without good cause, or if good cause is used as pretext for firing the employee for some other reason, then it may be possible to bring a wrongful dismissal claim due to a breach of contract.
In addition, an implied contract may be in place in other documents that outline when an employee may expect to be terminated. If an employee is fired in a manner that goes against the law, he or she may also have a wrongful termination claim based on breach of implied contract.
In any employment contract, either expressly stated or implied, the state of California recognizes a covenant of good faith and fair dealing in employment relationships. Essentially, this means that employers are legally bound to treat their employees fairly. If, for example, an employer were to fire an employee just before he or she were to receive a benefit from becoming fully vested, then it may be considered a breach of the covenant of good faith and fair dealing, wrongful termination in violation of public policy and, if it can be linked to discrimination based on being in a protected group.