EMPLOYMENT CONTRACTS
Most, though not all, employment relationships are pursuant to
written contracts. Having a contract can eliminate confusion over the
status of an employee, the terms of their relationship, and the
employer’s policies.
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An employment contract can define an employee as at-will, exempt or
nonexempt or as an independent contractor. Terms may include:
- Salary
- Benefits
- Insurance
- Grounds for discharge
- Expense account
- Performance reviews
- Non-compete provisions
Laws Governing Employment Contracts
Employers are required to adhere to state and federal
anti-discrimination laws. These include:
- Title VII of the Civil Rights Act of 1964
- Age Discrimination Act of 1975
- Americans with Disabilities Act
- Equal Pay Act
- Family and Medical Leave Act
These laws prohibit discrimination based on hiring, firing,
promoting, demoting, harassment, pay and benefits and other
activities.
Litigation
Many employment-related lawsuits or claims pertain to allegations
of:
- Discrimination
- Discharge for retaliation
- Discrepancies in pay or benefits
- Hour and meals violations
- Overtime pay
- Sexual harassment
- Violation of noncompete agreements
- Intellectual property disputes
- Termination for unjust cause
Litigation Process
Depending on the nature of the contractual issue, a claimant may
have to file a complaint first with the California Department of Labor
Standards Enforcement (DLSE) or Labor Board. These complaints
generally concern disputes over pay, hours or meals violations. To
file a complaint you will need the following:
- W-2 or 1099
- Paycheck stubs
- Form 1-Labor board complaint
- Form 55-attachment for amounts owed for each pay period
- Form RC-1-claims for retaliatory dismissal allegation
You must file your complaint with the appropriate DLSE regional
office or your complaint will be delayed.
Once filed, you will be required to attend a conference with the
Labor Board with your employer and attorney where the allegations are
discussed and the complaint finalized. A hearing or trial is scheduled
within a few months or up to one year depending on the volume of
complaints with the regional office and the nature of your complaint.
The trial is similar to any other trial except it is before an
administrative judge. Once the order or decision is submitted, the
parties have 10 to 15 days to appeal. If appealed, the matter is
transferred to a civl court for adjudication.
Otherwise, an employee may bring a breach of contract action in the
appropriate civil court within 4 years if a written contract, and 2
years if breach of an oral contract.
