Breach of Good Faith and Fair Dealing: Your Legal Protections in California

Good Faith

Employment Law and Good Faith in California

When we talk about employment law in good faith and fair dealing California, we are talking about convoluted—it is the mainstay principle of antedating the covenant of good faith employment that is the most important. This legal doctrine, which is fundamental but largely misconstrued, ensures that the parties to a contract must treat each other with honesty, fairness, and in the spirit of their respective agreements. Whether you are an employer, employee, or a legal professional, knowing the covenant of good faith and fair dealing California is a must for you to be able to enjoy the rights and carry out the legal duties under the state’s law.

What Is the Implied Covenant of Good Faith and Fair Dealing?

The implied covenant of good faith and fair dealing California means that a contract is implied to have a term that neither party shall do any act which will deprive the other of the benefit of the agreement. This obligation has to be strictly followed and includes not only the express contractual terms but also the relationship between the parties in general. It is a good faith and fair dealing covenant that strengthens legal claims and defences in contractual disputes.
You can also read: Social Media Activity Outside of Work Can Constitute Discrimination and Harassment

Key Elements of the Covenant

  • Mutual Trust and Respect: Both parties must act in fair dealing and good faith.
  • Reasonable Behavior: Actions should align with reasonable expectations.
  • Protection of Rights: Neither party should obstruct the other’s rights under the contract.
  • Consistent Performance: Obligations must align with the contract’s purpose.

Application in Employment Contracts

Employment contracts inherently require work in good faith, ensuring fair treatment of employees without an explicit clause. Employers must adhere to fair dealing principles.

Employer Responsibilities

  • Uphold the good faith and fair dealing covenant.
  • Honor compensation agreements and promotions.
  • Provide fair career advancement opportunities.
  • Maintain consistent disciplinary actions.
  • Avoid breach of good faith and fair dealing California practices.

Employee Responsibilities

  • Perform job duties honestly.
  • Remain loyal to the employer’s interests.
  • Exercise reasonable care in job execution.
  • Avoid breach of the implied covenant of good faith and fair dealing.

California’s Legal Framework

The California courts have enacted numerous legislative norms concerning the covenant of good faith and fair dealing.

Key Legal Precedents

  • Foley v. Interactive Data Corp. (1988): Limited recovery in breach of implied covenant of good faith claims to contract damages.
  • Guz v. Bechtel National, Inc. (2000): Clarified the covenant’s role in at-will employment.
  • Wilson v. Edison Int’l (2015): Addressed CACI breach of implied covenant of good faith and fair dealing in discretionary bonus cases.

Common Breach Scenarios

Understanding how this covenant is breached helps parties recognize unfair treatment and take appropriate action.

Employer Breaches

Compensation Manipulation:

  • Artificially reducing commissions.
  • Changing pay structures without notice.

Career Advancement Interference:

  • Blocking promotions unfairly.
  • Denying promised training.

Unfair Termination Practices:

  • Creating hostile conditions to force resignation.
  • Terminating an employee to avoid paying benefits.

Employee Breaches

Competitive Activities:

  • Secretly working for competitors.
  • Misusing confidential company information.

Performance Issues:

  • Falsifying work records.
  • Damaging company relationships.

Recognising and Documenting a Breach

To develop a meaningful breach of the covenant of good faith and fair dealing case, employees and employers must watch for early signs and build strong documentation.

Red Flags Indicating a Breach

  • Pattern Recognition: Sudden changes in policies or treatment.
  • Communication Changes: Reduced transparency or increased formality.
  • Operational Impact: Unexplained exclusion from meetings or resource access.

Essential Documentation

  • Written communications (emails, memos, texts).
  • Performance records and compensation statements.
  • Witness testimonies.

Understanding Employee Rights and Legal Remedies

Employees who experience a breach of covenant of good faith and fair dealing California have legal remedies available.

Monetary Damages

  • Lost wages and benefits.
  • Emotional distress compensation.
  • Punitive damages (for egregious misconduct).
  • Attorney fees in certain cases.

Filing a Legal Claim

 Document the Breach

Maintain thorough records of the breach of good faith.

Meet Filing Deadlines

  • Written contract breaches: 4 years.
  • Oral agreements: 2 years.
  • Certain employment claims: 1 year.

Legal Procedure

  • File an administrative complaint if required.
  • Submit a lawsuit in court.
  • Engage in mediation and settlement talks.
  • Proceed to trial if necessary.

Potential Case Outcomes

  • Settlement agreement.
  • Court-ordered compensation.
  • Policy changes.

Protecting Yourself During the Process

If you find a breach of the covenant of good faith and fair dealing, take these steps:
  • Maintain Professionalism: Continue performing job duties.
  • Document Everything: Keep records of all interactions.
  • Avoid Public Discussions: Do not discuss your case on social media.
  • Follow Legal Advice: Work with an experienced employment attorney.
  • Preserve Evidence: Secure documents and create backups.

Conclusion

The implied covenant of good faith is a critical factor in employment contracts, especially in California, where laws protect fair treatment in the workplace. If you suspect a breach of the covenant of good faith, collect relevant evidence, consult legal counsel, and take appropriate legal action within the required deadlines. Staying informed and protecting your rights is essential to maintaining fairness and ethical standards in your professional environment.

Social Share​

Ricardo Lopez

Ricardo López

Ricardo López is the founder and lead attorney at Ricardo Lopez Law, where he is committed to providing strong, compassionate legal representation. With a deep understanding of the law and a tireless dedication to justice, Ricardo works closely with clients to guide them through challenging legal situations. On the blog, he shares valuable legal tips, insights, and updates to help individuals make informed decisions and protect their rights.

Free Consultations

Confidential and Subject to Attorney-Client Privilege

(Potential Clients will be contacted within 24 hours)