Breaking contract with unlawful employer

[ndreality]

Jurisdiction

California

I have a contract with my employer and I want to break the contract. My employer has unlawfully exercised her power
As an employer and expected me to work overtime without overtime pay and other things that breaks the law. Is it ok to terminate my contract with her? Please help!!

 

[adjusterjack]

1 - You haven't told us anything about the terms and conditions of the contract or the nature of your employment with the company.

2 - Generally, overtime without overtime pay is illegal unless you are exempt from overtime. We can't know that until you provide the information requested in number 1.

Note the "attach files" below the message space when you reply. You can upload a copy of your contract, redacting any identifying information regarding you and your employer.

Once you have provided the appropriate information we have an HR person and a couple of attorneys here who will be happy to comment.

 

[cbg]

I'm the HR person, or at least one of them. There's at least one more besides me. It is particularly important that we know if you are exempt or non-exempt under the FLSA definitions. If you are exempt, there are no circumstances whatsoever under which you are entitled to overtime. If you are non-exempt, then if you work overtime you must be paid for it but there are other options besides breaking a contract.

If what you have is actually a contract and not an employment agreement or an offer letter, I have to tell you it's likely you are exempt as very few non-exempt employees are under contract. However, there's every likelihood that what you have is not actually a contract; if you are not a member of a union, real employment contracts are actually rather rare. Barring union CBA's or post-doctoral appointments it's been over 25 years since I've seen a real employment contract.

So additional detail is most important.

@hrforme