That is, unless the contract says it’s ok. The information and material contained in this website are for general informational purposes only. If the contract is signed but the signer did not fully understand the terms, it may be voidable. This is because under California law (Cal. This is a provision that employers use to protect themselves from being sued. Not only could you lose a substantial amount of money if your employer takes you to court or arbitration (this can cost thousands of dollars), you may also be responsible for paying damages. Can they legally bill me now? To sum up read the job description and terms of the contract you signed, make a list of all your current responsibilities, and compare the two. let me first disclaim that i’m not an expert on school employment law, however it sounds like this school is practicing some unfair and deceptive business practices since it seems to threaten its employees into doing things they don’t want to do. Breaking employment contracts can also bring on a bad reputation that may make you look untrustworthy to colleagues and unfavorable to potential employers. 1. for your teaching license question i would advise you to look to your licensing organization to learn more about what violations would reflect negatively on your teaching license. So you might not have to pay much, if any additional rent, if you break your lease. Our legal team can answer any questions you may have about the California employment statute of limitations and determine if you have a valid claim. My employer took a deduction from my pay check for $55.00 for an apron that is mandatory attire. A contract is an agreement between two or more parties creating mutual obligations that are legally enforceable by law. Question: Can she get out of this contract anytime? We work in a music store. generally, if the employer gives you a set schedule, ie M-F 9-5, the employer can’t force you to stay until 6 or to come in on Saturday or to penalize you for refusing to do it because that’s outside the schedule you agreed to with the employer. also, i know you said that you’re not a union member, but if you contacted a teacher’s union, maybe they would answer some of your questions or put you in contact with someone who would give you advise. Can you tell me can we sue them?? However, another thing you need to consider is how long you’ve been working under these conditions, because the school may argue that agreed to this and the written contract was modified by your conduct…. And we cannot set our schedule , we cannot talk to our student about the schedule, we are even cannot see our schedule. If the other party disagrees, this may require a judge to decide the validity of the contract. An employee can terminate at will employment for any reason or no reason whatsoever. Call or message us. Los Angeles, CA 90010. THEY JUST NOTIFIED ME THAT IN 2 WEEKS I WILL HAVE TO PAY. However, if there are vast differences between the job you accepted and the job you’re actually performing as an ESL teacher, then the school is probably in breach of its contract with you. If you feel that either the employer or the employee involved in the employment contract has made an illegal breach of the agreement, you can always consult with a lawyer for advice. Can I collect unemployment if I am fired for not signing it? although you were hired as a “tutor” the job you’re preforming now as an ESL teacher may not differ from what you “contracted” to perform, except maybe in title since the responsibilities may be same or similar enough where no “undue burden” is placed on you by making you teach the ESL classes. In order for a contract to be valid, both parties must agree to perform the tasks stated in the contract. No Derivative Works. You can lose your California credential for breaking a contract if the principal wants to push it. California employees who are considered non-exempt⁠1 have a legal right to receive meal breaks and rest periods. The content of any communication you send to us via the Internet or through e-mail may not be considered confidential. Is this a contract violation, or are the two jobs comparable enough for them to get away with this? HOWEVER, the employment contract may state that as part of your job you would be required to stay late or come in on non-working days as necessary, so that would obligate you to stay the extra hour. Duration of employment: An employment contract will specify the length of time the employee agrees to work for the company.In some cases, this might be an ongoing period of time. If your employer is subjecting you to unlawful treatment at work, or violates your employment contract in any way, contact our experienced Los Angeles employment attorneys at Hennig Ruiz for a free consultation today. Creative Commons License: By law they cannot say any thing negative about you besides the above statement. Exactly, if someone is concerned; they should definitely contact an attorney that has experience in contract litigation to determine the likely end result of your claim. Every employment contract is different, so it is important for employees to know their status and understand what they have agreed to if they are attempting to get out of a contract legally. You can read more about continuous employment on GOV.UK. Whenever it comes to contracts, the answer is always the same: it depends on what the contract says. Further, for a period of 2 years upon completion of employment with A, “XYZ” will not directly or indirectly solicit, induce or attempt to induce any employee of A. to terminate his or her employment with A. (I also work an hour longer than my contract stipulated, but I am paid hourly, not salary.). DO I HAVE TO SIGN NOW? A contract of employment is a legally binding agreement between you and your employer. (2020), Discrimination-Racial, Gender, Disability, Retaliation-FEHA, CFRA, FMLA, Whistleblower. This article will help you better understand California employment contracts, the provisions that may protect you, and those that could leave you facing the consequences. I DONT KNOW IF I SHOULD SIGN IT. 3. again i would recommend that you read your employment contract to see what it says about working after/past your normal work hours. Can I reject the new terms and consider myself terminated? Breach of Employment Contract. 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