Boucher Law

Employment Discrimination, Harassment, Retaliation — Unpaid Wages and Overtime — Defamation — Contract Litigation

Employment Law  You cannot be denied employment, housing, leaves of absence, or wages because you identify as LGBT, appear as a certain gender, are male or female, are aged over 40, or have a disability or medical condition. (Click title for details.)

Wages and Overtime  You must be paid all wages due to you — including overtime — at the time they were earned. If your employer claims you're "exempt," California law may prove otherwise.

Defamation  If someone injures you by accident or on purpose, you may be entitled to compensation under the law.

Contract Litigation  If someone backs out of an agreement or promise they made with you, you may be able to enforce it as a contract in court.

In all these cases, the law protects you, but can be an impenetrable barrier. You need an experienced attorney on your side to help you make the right decisions and to fight for you.

Enforcing Contracts

What is a contract? Basically, a contract is a set of mutual agreements between two or more parties. Contracts are generally enforceable if the parties have each given up something or expect to benefit in some way for their efforts.

Can a contract be oral? Yes. In California, an oral agreement is enforceable if both parties have given up something to form such a contract. Writings are always better, though. If you have yet to form an agreement, consult an attorney to put your thoughts into writing. This will help everyone down the line to understand your agreement.

What about promises which weren't technically an agreement? If someone has promised you something and you acted in reliance on that promise, you may be entitled to recover on that promise. Each such case is fact specific, so it is important to consult with an attorney to determine your rights.

Another person has refused to act as they agreed or promised. What can I do? As soon as possible after they have refused or fail to act, you should follow up with them. An attorney can help you to craft a response to their failure to act and can guide you through the process of contract enforcement.

What are the first steps? The first thing to do is to speak with an attorney as soon as possible; the statute of limitations on oral contracts is only 2 years, while the statute of limitations on written contracts is 3 years. (See the California Court's page on this topic.) Your attorney will advise you about how to prove your case and how to recover on the agreement.

What can I do right now? Call me or fill out my client intake survey so that we can begin the conversation regarding your unpaid wages.

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