Did she violate my employment contract by including a 401k provision when she knew the company didn`t have a 401k plan? When you sign an employment contract, you agree to work for the company in question for a certain period of time. However, employees often choose to terminate their contract before the end of the contract period. When considering this option, first consider the impact that an early termination of the contract could have on your future in the job market, and then decide if your early departure is worth it. An employment contract specifies the details that are relevant to an employer-employee relationship. This legally binding document is generally beneficial for both parties. An employment contract clarifies the responsibilities of each party and gives stability to both parties. However, the stability offered by an employment contract can also be problematic if the employee wishes to terminate the employer-employee relationship. It`s important to remember that the other party may be able to sue you for financial compensation if you unfairly terminate the contract prematurely. Until recently, many employers included “non-solicitation clauses” in their employment contracts. These clauses stipulated that the employee would not ask any of his employees to work for another company. For example, the clauses prohibited employees from hiring their former teammates when they moved to a competitor`s company. Any contract with a California employee that provides otherwise is voidable for the employee. This means that if the employee requests that the nonstate provision be declared null and void, any dispute between the employee and the employer must be resolved in California under California law.
If the employee violates a confidentiality agreement, the employer has the right to take legal action for breach of contract, theft of trade secrets or possibly trade claims such as interference with the contract. A breach of a confidentiality agreement may entitle the employer to an injunction, damages and attorneys` fees. Eleven months after my employment date, my employment relationship ended. Since then, I have claimed from the employer that she owe me up to four per cent of the annual remuneration during my period of employment, based on provision 401k of my employment contract. She responded and said she didn`t owe me anything as she had never implemented the 401k plan during my employment. I got my interview to sign my letter of offer, and after a week, the company wants to reduce my salary by more than 20%. They say they felt I had the qualifications for the job; but now they realize I don`t. However, the position they are referring to is not the one I applied for. I will add that I quit my 8-year job to go to this company. When I hired at a home care agency, I had a verbal contract from the employer that said I didn`t need to take a vacation.
Today, they put an agreement in front of me and asked me to sign it, which says that I accept the working holiday. I will not sign it because it cancels our oral contract. Can I earn unemployment if I am laid off because I did not sign it? They told me I had 2 days to sign it, but didn`t give me a copy to take home to read it. Any suggestions? I`m not going to go on vacation. As it seems that you would rather quit this job than renegotiate your contract, it might be a good idea to look for a lawyer, I am under contract with a school as an English teacher, but when I showed up for work, they changed their position to teach English development to the children of Mexico. I have to do a 15-minute class with each lesson, but the rest of the time I spend in class with these kids in my withdrawal class to support them. I am not part of the union, and when I asked if the contract would be renewed to reflect the change, it was ignored. I want to quit work and teach in a different place, but I`m afraid they`ll try to take away my teaching license like they did with a teacher who tried to leave earlier this year. Can they really get my credentials? Is it a breach of contract or are the two jobs comparable enough to get away with it? (I also work an hour longer than my contract stipulates, but I am paid by the hour, not as a salary.) The rights of California employees are governed by California law. If you work in California, all of your rights are governed by California labor laws. Even if your employer is based in New York City and you are the only employee working in California, your rights are very different from those of other employees who work in other states.
1. For your question about the teaching license, I would advise you to contact your licensing body to find out more about violations that would negatively affect your teaching license. That being said, it doesn`t make sense to me for someone to lose their professional license because they quit their job, even if there is a breach of contract. However, as I said, I know nothing about teaching licenses and you would either have to find a lawyer who specializes in those licenses or contact the licensing office for help. I also know you said that you are not a member of a union, but if you contact a teachers` union, they could answer some of your questions or put you in touch with someone who would advise you. Determine if the contract cannot be performed. For example, the impossibility of performance may cause you to suffer a debilitating accident that prevents you from performing the work for which you are expressly contractually obligated. If a contract cannot be performed, both parties are legally entitled to break the contract. A breach of a provision of an employment contract is more likely to result in your dismissal than a lawsuit. With the possible exception of the most vindictive employer, employees are less likely to be sued by an employer than the other way around. The exception is when an employee has hijacked something of value from the employer at the end of their employment, such as customer lists.
Can my employer change their lunch break without taking the right steps? They state that they don`t have to agree with you when you give a lunch break when you work 6 hours. It`s true? So I have been working as a nurse in a nursing home for almost 13 years when our employer requests a meeting that he has already sold the company to a new owner. Are we entitled to a separation indemnity? Not only do we get a $10 minimum wage and the new employer told us we were getting a raise for work experience, but that never happened. We even found that new employees with little or no work experience receive a higher rate of pay. Does this violate workers` rights, equal pay for equal work, wage differentials have unequal starting wages? To summarize the 🙂 job description and terms of the contract you signed, make a list of all your current responsibilities and compare the two. .