Where Your Needs Come First

picture of Elizabeth Riles and Karine Bohbot
  1. Home
  2.  — 
  3. Wrongful Termination
  4.  — Were you subject to an implied employment contract?

Were you subject to an implied employment contract?

On Behalf of | Aug 31, 2020 | Wrongful Termination |

Wrongful termination is a very real problem in California. A lot of workers don’t even realize that they are fired for illegal reasons that are actionable under the law. There can be a lot of sting in suddenly losing your job, but you don’t have to just sit back and accept it. Instead, you can strike back at your former employer in hopes of imposing liability, recovering compensation, and protecting your freedom and your future. Depending on the facts of your case, there might be a number of ways to pursue a wrongful termination claim, but this week we’ll look at one of them: violation of an implied contract.

California’s take on implied employment contracts

Generally speaking, unless you are subject to a written employment contract, your employment is at-will. This means that either you or your employer can terminate the employment relationship at any time for any legal reason. However, even if you didn’t sign an employment contract, you might be able to argue that your employer entered into an implied employment contract, which would provide you with additional protection from wrongful termination.

In its simplest terms, an implied contract is an employment agreement that is formed on the actions of the parties. A court assessing one of these cases may consider the length of employment, the employer’s policies and practices, and any reassurance from the employer that the employee could count on continued employment. If you’re able to demonstrate that an implied contract existed, then your employer can’t fire you without good cause.

Fight to protect your interests

A lot of workers who are fired from their jobs overlook the fact that they may have been subjected to an implied contract. These cases are nuanced, of course, given that there is often very little physical evidence to support the case. But that isn’t to say that you can succeed on a wrongful termination claim based on a breached implied contract. You simply just need to be diligent in gathering and presenting the evidence that is favorable to you. A strong legal advocate can help you with that process.