Yes, you can sue for breach of contract in California if one party fails to fulfill its obligations as stated in a legally binding agreement.
These include fraud, broad or impossible-to-fill provisions, or a lack of consideration. If this is the case, an employee can legally refuse to complete the terms of their contract, and you would be unable to hold them responsible as the contract would be rendered null and void.
A binding contract requires both an offer and acceptance of that offer. A party makes an offer by expressing a willingness or desire to enter into an agreement with the intent that, if the other party accepts the terms of the offer, then there is a binding contract.
Employment contracts are enforceable in Massachusetts. When an employer and an employee enter into a written and signed employment contract, both parties will be held to the terms of the contract.
Here are some steps you may use to guide you when you write an employment contract: Title the employment contract. Identify the parties. List the term and conditions. Outline the job responsibilities. Include compensation details. Use specific contract terms. Consult with an employment lawyer.
Forms and notices for newly-hired employees Form I-9 Employment eligibility verification form, US Dept. of Homeland Security. Form M-4: Massachusetts employee's withholding exemption certificate, Mass. Dept. Form NHR: New hire and independent contractor reporting form, Mass. Dept. Form W2 Federal tax withholding, IRS.