Sacramento, CA asked in Employment Law for California

Q: If my employer breaks the contract first, am I allowed to break from my contract with my employer?I was also attacked by

A client few weeks ago and my employer did nothing about the situation...I kept on working for the rest of the day like nothing had happened..is it too late to do something about it legally??

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Under California law, if your employer breaches the terms of your employment contract, you may have grounds to terminate your contract as well. However, the specifics of the breach and the terms of the contract will significantly influence this decision. It's important to carefully review the contract to understand your rights and obligations under these circumstances. You may also consider discussing your situation with an attorney to explore the legal avenues available to you.

Regarding the incident with the client, you still have options to address this situation, even if some time has passed. California law provides protections for employees who are subjected to violence or threats at work. Employers are generally expected to ensure a safe working environment. If your employer failed to act on your complaint, this could be seen as a neglect of their duty to provide a safe work environment.

It's advisable to document all details of the incident and any communications with your employer about it. Reporting the incident to the appropriate authorities or a higher management level within your company could also be a step forward. If unsatisfied with the response, legal recourse may be an option. An attorney can guide you on the best steps to take, including potential claims for any harm suffered or for the employer's failure to adequately address the situation.

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