Legal Question in Employment Law in California
Breach of employment contract
What is the statute of limitations if the employer (former) is in breach of contract regarding a termination agreement? Also, if one paragraph is breach, it is my understanding that the rest of the agreement is still in affect. Is that correct.
2 Answers from Attorneys
Re: Breach of employment contract
In answer to your first question, the statute of limitations for breach of a written contract is four years. It is three years for breach of an oral contract.
The answer to your second questions is, it depends. Some contractual provisions are severable from the rest of the contract and may not effect the other provisions. But if the provision in question is so intertwined with the other material provisions to render them unsevarable, breach of one provision may render the entire contract void.
These are complicated law school questions. You may need to have the contract reviewed by an attorney.
Re: Breach of employment contract
In California, written contract has 4 years statute of limitation from the time the breach occurred.
Whether one particular clause is severable..need to be reviewed.
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