Q: I have a contract with my employer and I want to break the contract. My employer has unlawfully excersized her power

A: Under California law, if your employer has violated labor laws, such as requiring you to work overtime without appropriate pay, this can indeed constitute a breach of contract and possibly provide you grounds to terminate your employment agreement. The law generally favors protecting employees from unfair labor practices. It's important to gather all evidence of these violations, such as unpaid overtime records or correspondence with your employer regarding these issues.

Before making any decisions, you might consider discussing the situation with your employer to seek resolution. If this does not lead to a satisfactory outcome, it's advisable to consult with a legal professional. They can offer guidance specific to your situation, including how to properly document your claims and the potential consequences of terminating your contract.

If you decide to proceed with terminating the contract, ensure that you follow the legal guidelines and procedures outlined in your employment agreement and California employment law. This typically involves notifying your employer in writing and specifying the reasons for termination based on the contractual and legal violations. Keep copies of all communications for your records. This careful approach will help protect your rights and interests during this challenging process.

A: Employment contracts in California are not binding on the employer unless the agreement makes the relationship other than an at will one. Most employment contracts do not do that. So first thing you need to determine if your relationship is an at will one.

The employer of an at will employee can change the terms and conditions of the employment at any time and for any reason or even no reason at all. The employee in an at will relationship can quit at any time and for any reason or even no reason at all.

If you are a non-exempt employee, you must be paid overtime when you work more than 8 hours in a workday or more than 40 hours in a workweek. If you are an exempt employee you have no right to overtime.

It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.