Who pays when a Fullerton employer breaks a contract?
When an employer in Fullerton violates a contract or fails to honor severance terms, that employer is responsible for the financial harm caused. Your employer must pay you what the contract promised, and California law allows you to seek additional damages for breaches of employment agreements.
California employment law requires fair dealing and adherence to agreed-upon terms, and it provides ways to pursue those payments if your employer refuses.
Where do I file a severance claim in Fullerton?
A severance or contract claim from Fullerton generally gets filed in the Superior Court of California, County of Orange. The main courthouse for civil actions is the Central Justice Center, located at 700 Civic Center Dr W, Santa Ana, CA 92701. This community is in Orange County, not Los Angeles County, so claims arising here are filed in Orange County rather than with the Los Angeles Superior Court.
If your claim involves a public entity, like a city or county agency, the process for filing a claim is different and has much shorter deadlines before you can file a lawsuit.
How long do you have to sue for a contract issue in Fullerton?
Most breach of contract claims in California must be filed within four years from the date of the breach (Cal. Code Civ. Proc. § 337). However, claims for personal injury or wrongful death, which can sometimes be related to employment situations, must generally be filed within two years (Cal. Code Civ. Proc. § 335.1).
If your claim is against a city, county, or other public agency, you have a much shorter deadline: you must present a written claim to that public entity within six months of the injury (Cal. Gov. Code § 911.2). The deadline is generally paused while an injured person is a minor under CCP § 352, but § 352(b) removes that pause for claims against public entities under the Government Claims Act.
What steps should you take if your employer violates your contract?
- Review Your Contract: Carefully read your employment contract, severance agreement, or any other relevant documents. Look for specific clauses regarding termination, severance pay, or dispute resolution. Understanding the exact terms is your first step.
- Document Everything: Keep detailed records of all communications with your employer, including emails, letters, and meeting notes. Note down dates, times, and who was involved. Document any losses you incur due to the contract violation, such as missed paychecks or expenses related to a job search.
- Do Not Sign Anything You Do Not Understand: Your employer might offer new documents or ask you to sign a release. Do not sign anything without fully understanding its implications or consulting with an attorney first. Signing certain documents could waive your rights to pursue a claim.
- Gather Supporting Evidence: Collect any performance reviews, pay stubs, benefits information, or company policies that support your understanding of the contract and the employer's obligations. This evidence strengthens your position.
- Speak with an Attorney: An attorney can review your documents, explain your rights, and help you understand the full scope of your options. They can also represent you in negotiations with your employer or in court.
What kinds of severance and contract cases does Casa Legal Los Angeles handle?
Our firm helps employees in Fullerton with many types of severance and contract disputes. This includes situations where an employer fails to pay promised severance, breaches an employment agreement, or does not honor other contractual terms. We assist employees with reviewing severance offers and negotiating for better terms. We also handle claims involving executive employment agreements and disputes over non-compete clauses. Our work also extends to other employment law matters like retaliation and whistleblowing claims.
A contract is a promise the law will enforce. When an employer breaks that promise, employees often face financial hardship and uncertainty. We represent employees to ensure their contractual rights are upheld.
What does working with Casa Legal Los Angeles involve?
Working with our firm starts with an initial discussion where we listen to your story and understand the details of your situation. We review your employment contract, severance agreement, and any other relevant documents you provide. This allows us to assess the strength of your claim and explain your legal options clearly.
Our focus is on securing the compensation or resolution you deserve. This might involve negotiating directly with your employer or their legal team to reach a favorable settlement. If negotiations do not succeed, we are prepared to represent you in court. We handle the legal complexities so you can focus on your life.
We work on a contingency basis for these types of cases. No attorney's fees unless we win – and no case costs either. We also serve clients in other communities, including Carson and Alhambra, providing dedicated employment law representation across the region. You can learn more about our approach to employment law on our main employment law page.
Frequently Asked Questions
What is a severance agreement?
A severance agreement is a contract between an employer and an employee that specifies the terms of an employment termination. It typically includes provisions for severance pay, benefits continuation, and other considerations in exchange for the employee's release of claims against the employer. These agreements are often offered during layoffs or when an employee is terminated without cause, and they are usually legally binding once signed.
Can my employer change the terms of my employment contract?
Whether your employer can change the terms of your employment contract depends on the specific language of the contract itself and California law. Many employment contracts include provisions allowing the employer to modify terms under certain conditions, usually with advance notice. If your contract does not allow for unilateral changes, or if the changes are discriminatory or retaliatory, then your employer may be in breach of contract. An attorney can review your specific contract and circumstances to determine if a change is lawful.
What if my employer offers me a severance package but I think it is unfair?
If you receive a severance package but believe the terms are unfair or inadequate, you do not have to accept it immediately. You have the right to review the offer with an attorney. An attorney can evaluate whether the proposed severance aligns with your employment contract, company policy, and California law. They can also help you negotiate for a more favorable package, potentially including higher pay, extended benefits, or different terms regarding future employment.
Do I have to file my severance claim in the Central Justice Center?
Most severance and contract claims for Fullerton residents are indeed filed in the Superior Court of California, County of Orange, with the Central Justice Center being the primary civil courthouse at 700 Civic Center Dr W, Santa Ana, CA 92701. However, the specific court location can sometimes depend on the employer's location or other jurisdictional factors. An attorney can confirm the correct venue for your specific case. For instance, claims against certain public entities might follow different administrative procedures before a court filing.
If you are dealing with a contract dispute or severance issue in Fullerton, call us at 888-585-2529 for a discussion about your rights. We pursue the full compensation available under California law.