Not only will an employee have a breach of contract claim according to this exception, most jurisdictions will allow an employee to pursue an independent tort claim for breach of such public policy and recover punitive damages as well. Some violations even involve criminal penalties against the employer. As mentioned above, an employee may have other tort claims against the employer in addition to a claim for breach of contract. One of the advantages of a breach of contract claim is that the statute of limitations deadline period is usually longer for it than for a tort claim. In California, for example, the deadline for a breach of an oral contract is two years and for a written contract four years from the date of the breach.
Tort claims, on the other hand, in California have a one-year deadline.
Also, contractual claims provide for a definite method to ascertain damages by evaluating sage loss. It is often very difficult to determine the more nebulous tort and punitive damages. A contractual claim is often the beginning or the backbone for establishing other claims. A man's word should be his bond. In fact, as mentioned, with the support of courts and legislators, this duty is often legally imposed on employers.