Santa Ana Breach of Contract Lawyer
Holding Employers Accountable for Breaking Legal Agreements
An employment agreement outlines the relationship between someone offering their labor and an employer who seeks to purchase it.
The following matters will be thoroughly detailed in a work contract, they include:
- The duration of employment
- How the employee can be discharged within that period time
- Details regarding work responsibilities, compensation, benefits, and more
Whether you’re a permanent employee with a consistent agreement in place or an independent contractor regularly works under new contacts, you can be protected when your employer fails to uphold their end of the bargain.
At The Gould Law Firm, our breach of contract attorney in Santa Ana can help you assert your rights should an employer fail in their obligation to perform a duty to you as outlined by a legal agreement.
Is Breach of Contract Illegal?
A breach of contract is a legal cause of action and a type of civil wrong.
A contract is a binding agreement, it can be honored by one or more of the parties. Breach occurs when a party to a contract fails to fulfill its obligation(s) as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract.
Independent Contractor Contract Rights
The right to have an employment contract is less a legal right and more like a really, really good idea. You want your client to know exactly what to expect from you, and exactly what you expect from the client.
Just like a standard employment contract, a formal independent contractor agreement, includes the parameters of the project and the time or method of compensation. A concise agreement can keep everyone on the same page in terms of productivity and payment.
While you have a right to create a work contract, you may not have the right to work. Unfortunately, most employment discrimination laws don't apply to independent contractors, and businesses are free to hire or refuse to hire independent contractors as they see fit.
What You Can Recover in Damages
If an employer has broken terms of your employment agreement or a work contract, you can seek fair and just compensation by filing a lawsuit. At a minimum, such compensation may include what you were entitled to under a contract that your employer failed to uphold. Whether this was compensation at a certain rate, lost wages due to an early termination of your agreement, or the value of benefits contractually promised but never delivered, you may be able to sue for expected damages such as these.
Liquidated damages can account for contract breaches that don’t have a clear value to them, although it may be rare to find something that doesn’t have an identifiable value in an employment contract.
All in all, you can recover what you were supposed to get out of a contract when it was breached, but it’s unlikely you’ll see more than that. Compensatory and punitive damages that account for things like emotional distress and punishing the defendant are rarely – if ever – seen in contract breach lawsuits, although this may not preclude you from bringing another type lawsuit forward to seek such damages.
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Regular Case UpdatesOnce we determine the strength of your claim, we will prepare and file your lawsuit. Our team will keep you updated on the progress every step of the way.
Direct Access to an Attorney
Many firms direct you to a law clerk or paralegal for your first consultation. At Gould & Associates, you will always meet and discuss your issues with an attorney.
Cases on Merit, Not Size
Gould & Associates accepts cases of all sizes—from small individual cases to large, complex multi-party class actions. More importantly, we are not afraid to go against large firms.
No Upfront Payments Required
We accept most cases on a contingency basis. That means there is no cost to you in advance to start your case.