Breach of Employment Contract

Some employees have valid written or oral employment contracts. Generally, these agreements are for a specified term, and if an employee is terminated without good cause prior to the expiration of the contract term, the employee has a claim for breach of contract. In California there are only certain things an employee can recover for when suing for breach of contract. The employee can sue for her/his lost wages and benefits, and for the wages and benefits she/he would get in the future. An employee's recovery will be offset by what she/he's earned at a new job, and potentially offset by what she/she should have earned at a new job if the employer meets its burden of proof. An employee cannot sue for emotional distress on a breach of contract claim.