Los Angeles Breach of Contract & Fraud Lawyers
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When you agree to work for an employer, you may enter into a contract with that employer, defining the terms of and compensation for your employment. When an employer fails to live up to the terms of this contract, it will be in breach of contract, and you will likely have a legal claim against that company.
Just as employers may break contracts, they may also commit fraud and in doing so break the law, openings themselves up to additional legal claims.
At Broslavsky & Weinman, LLP, our Los Angeles employment lawyers have extensive experience helping workers stand up to employers who:
- Are in breach of contract
- Have committed fraud
- Have retaliated against workers for bringing attention to their wrongdoings
By effectively advocating workers’ rights and guiding them through the complexities of the legal system, our attorneys can help these workers secure the compensation and justice to which they are entitled.
Employer Breach of Contract: How Employers Can Be in Breach of Contract
Anything an employer does to violate an agreement you have entered into with that employer may constitute a breach of contract. Some examples of employer breach of contract include (but are not limited to) employers:
- Firing or laying off employees for reasons not specified in the contract and/or before the term of the employment contract has expired
- Failing to pay employees the contractually agreed-upon compensation
- Failing to provide the contractually agreed upon benefits
How Employer Fraud Can Occur
In some cases, an employer’s breach of contract can constitute fraud. When an employer fails to live up to its end of an employment contract or has convinced you to accept a job based on misrepresentation or false promises regarding that job, you may also have a fraud claim against that employer.
Employer fraud can also come in other forms, including (but not necessarily limited to) employers committing:
- Workers’ compensation fraud
- Payroll fraud
- Insurance or unemployment fraud
- Tax evasion
If you choose to report this fraud (i.e., become a whistleblower), it is illegal for your employer to retaliate against you. If you do become the target of an employer’s retaliatory actions, you will have another claim against that employer.
Contact Broslavsky & Weinman, LLP
If you believe that your employer is in breach of contract or has committed fraud, contact our Los Angeles employment lawyers to assist you. You can contact us by calling (310) 575-2550 or by emailing us using the contact form on this page to set up a free initial consult with one of our lawyers.
With office locations in Los Angeles and San Bernardino, our employment attorneys provide legal service and representation to clients throughout California.
Frequently Asked Questions for our Los Angeles Breach Of Contract & Fraud Lawyer
What is a breach of contract?
Breach of contract refers to a situation in which one party fails to fulfill its obligations under a contract, causing harm to the other party. A breach of contract can occur in various forms, such as failure to perform a promised action, delivery of defective goods, or non-payment for services rendered.
What is fraud in a contract?
Fraud in a contract occurs when one party makes a false representation to induce another party to enter into a contract. The representation must be material, meaning it must be significant and relevant to the contract, and must be made with the intent to deceive. The victim must rely on the false representation and suffer damages as a result.
What are the elements of a breach of contract claim?
The elements of a breach of contract claim are: (1) the existence of a contract; (2) performance of the contract by one party; (3) breach of the contract by the other party; (4) damages suffered by the injured party as a result of the breach.
What are the remedies for breach of contract?
The remedies for breach of contract may include monetary damages, specific performance, or termination of the contract. Monetary damages are intended to compensate the injured party for the losses suffered as a result of the breach. Specific performance is a court order requiring the breaching party to fulfill its obligations under the contract. Termination of the contract is the termination of the agreement between the parties.
What are the defenses to a breach of contract claim?
The defenses to a breach of contract claim include: (1) lack of consideration; (2) mistake; (3) duress; (4) illegality; (5) lack of capacity; (6) statute of limitations; (7) estoppel; and (8) frustration of purpose.
What is the statute of limitations for breach of contract?
The statute of limitations for breach of contract varies depending on the jurisdiction and the type of contract involved. In California, the statute of limitations for breach of contract is generally two years.
What should I do if I believe that my contract has been breached?
If you believe that your contract has been breached, you should consult with an experienced attorney to evaluate your case. Your attorney can advise you of your rights and options, and can help you determine the best course of action to take to protect your interests.
Can I recover damages for fraud in a contract?
Yes, you may be able to recover damages for fraud in a contract. Damages for fraud in a contract may include compensatory damages, consequential damages, and/or punitive damages.
What should I do if I believe that I have been a victim of fraud in a contract?
If you believe that you have been a victim of fraud in a contract, you should consult with an experienced attorney to evaluate your case. Your attorney can advise you of your rights and options, and can help you determine the best course of action to take to recover your damages.
What is the statute of limitations for fraud in a contract?
The statute of limitations for fraud in a contract varies depending on the jurisdiction and the type of fraud involved. In California, the statute of limitations for fraud in a contract is generally three years.