An employment contract is essentially an agreement to specific terms between two entities, the employer and the employee. However, it is important to fully understand and fulfill these terms once a contract is in place. Failure to do so can result in a serious legal dispute in California. In some cases it can result in business litigation.
One chef has recently taken this route when she accused her former employer of not fulfilling the terms of the employment contract she was working under. The chef had apparently been terminated by her restaurant employer following an extremely poor critical review of her work. There had also been talk of reports regarding kitchen workers being poorly treated while being supervised by the plaintiff chef.
The chef is now claiming that her former employer owes her more than $15,000 worth of back pay and benefits. The employment contract provided for an annual salary of $95,000 as well as a prepaid $10,000 signing bonus. The contract also gave the plaintiff 1.3 percent of the restaurant’s gross sales, $800 in monthly health insurance and up to $6,000 in monthly paid housing expenses. Additionally, the contract also promised four weeks worth of paid vacation, two weeks of personal time and one week of paid sick leave.
The plaintiff is now requesting a jury trial in order to resolve the business litigation dispute. As of now, no hearing has been scheduled. However, the restaurant also has the right to dispute the breach of contract allegations in the lawsuit. With a strong legal defense argument, a defendant in a lawsuit in California may be able to have the allegations dismissed.
Source: miamiherald.com, “Ex-chef of Piripi in Coral Gables files breach-of-contract lawsuit“, Evan S. Benn, July 27, 2015