Representing Employees in San Francisco, the East Bay and Los Angeles
When you sign an employment contract, you expect your employer to keep to their end of the agreement. If your employer fails to fulfill their obligations, you may have grounds for a breach of contract claim. At McDonald Trial Lawyers, our attorneys can help you take legal action to enforce your contract and recover compensation for your losses.

Call (415) 531-0421 or contact us to schedule a consultation.

What Is a Breach of Contract in California?
A breach of contract occurs when one party fails to fulfill any of its contractual obligations without a valid legal reason. When a breach of contract occurs, the party harmed by the breach may be entitled to file a lawsuit for damages, either consequential, reliance, or punitive, caused by the breach.

There are four primary types of contract breaches:
Material breach: This occurs when one party fails to fulfill a significant contractual obligation, such as not delivering a product or service as promised. A material breach of contract typically allows the non-breaching party to cancel the contract and sue for damages.

Minor breach: This occurs when one party fails to fulfill a minor contractual obligation. The non-breaching party may still sue for damages, but they are not entitled to cancel the contract.

Anticipatory breach: This occurs when one party makes it clear that they will not be able to fulfill their contractual obligations. The non-breaching party may sue for damages.

Fundamental breach: This occurs when one party fails to fulfill a fundamental contractual obligation, which makes it impossible for the other party to receive the benefit they were promised. The non-breaching party may sue for damages and may also be able to cancel the contract.

When it comes to employment contracts, a breach of contract may occur when the employer does not fulfill their obligations, such as not paying the employee their wages, not providing the employee with the benefits they were promised, or terminating the employee without cause. If you believe your employer has breached your employment contract, you should contact an employment law attorney right away to discuss your legal options.

HOW TO PROVE A BREACH OF CONTRACT
When filing a breach of contract claim, the non-breaching party has the burden of proving that a valid contract existed, the non-breaching party fulfilled their contractual obligations or was excused from doing so, the breaching party failed to fulfill their contractual obligations, and the non-breaching party suffered damages as a result of the breach. If the non-breaching party cannot prove these elements, the court will likely rule in favor of the breaching party.
To prove a breach of contract, the non-breaching party must be able to show the following:

The non-breaching party must be able to show that a legally binding contract existed between the parties. A contract is a legally binding agreement that is formed when one party makes an offer and the other party accepts that offer. The parties must also have legal capacity, or the ability to enter into a contract. For example, a minor does not have the legal capacity to enter into a contract.

The non-breaching party must be able to show that they fulfilled all of their contractual obligations or that they were excused from doing so. If the non-breaching party did not fulfill their obligations, they may be considered the breaching party.

The non-breaching party must be able to show that the breaching party failed to fulfill one or more of their contractual obligations. The non-breaching party must also be able to show that the breaching party’s failure to fulfill their obligations was not excused.

The non-breaching party must be able to show that they suffered damages as a result of the breach. Damages may include economic losses, such as lost wages, benefits, or business profits, and non-economic losses, such as pain and suffering.
When it comes to employment contracts, the non-breaching party may be able to recover a variety of damages, depending on the terms of the contract and the nature of the breach. For example, if the employer failed to pay the employee their wages, the employee may be able to recover their unpaid wages, as well as any other economic losses they suffered as a result of the breach. If the employer terminated the employee without cause, the employee may be able to recover their unpaid wages, as well as their lost benefits, lost business profits, and any other economic losses they suffered as a result of the breach. The employee may also be able to recover damages for their pain and suffering.