Breach of Employment Agreement Attorney

A breach occurs when either party fails to fulfill a material term of the employment contract. Common breaches include failure to pay agreed compensation, termination without cause in a for-cause-only contract, unilateral changes to job duties or title, failure to provide promised equity or bonuses, and denial of agreed-upon benefits. The breach must be material — a minor deviation may not be actionable.

Damages typically include the benefit of the bargain — what you would have received had the contract been honored. This includes unpaid salary, bonuses, commissions, equity, benefits, and any other promised compensation. In California, you may also recover consequential damages. Both CA and NY may award prejudgment interest. Punitive damages are generally not available for pure contract claims.

An at-will clause means either party can end employment at any time, but it does not excuse other contractual obligations while employment continues. If your contract specifies a salary, bonus structure, or job duties, the employer must honor those terms during your employment. Additionally, implied contracts or specific termination procedures can override at-will language.

In California, written contract claims have a 4-year statute of limitations (CCP § 337) and oral contracts have 2 years (CCP § 339). In New York, written and oral contract claims both have a 6-year statute of limitations (CPLR § 213). The clock typically starts when the breach occurs, not when you discover it, so prompt action is important.