For California employees, the relationship between an employee and an employer is generally entered by a written contract. However, not every employee-employer contract is written. Still, just because there is no written contract‑known as an “implied contract” ‑doesn’t mean that employees aren’t protected from violations under California law.
What Is an Implied Employment Contract?
In California, an “implied contract” is one that is not written. Implied contracts are formed by the verbal statements and actions made between the employee and the employer, rather than providing this agreement via a written contract. Employees that have an implied contract with their employer are generally considered to be “at-will” employees, meaning the employee can be terminated at any time by the employer. However, in order for an implied contract to be binding, there are four elements that must be met:
- An explicit offer
- Explicit acceptance of the offer
- Mutual intent by the parties to be bound by the agreement, and
- Consideration
How Can Implied Contracts Be Violated in California?
Just like a written contract, an implied contract can be violated, or breached. In an employment scenario, implied contract violations usually occur in a variety of different ways, including:
- Treating the employee unfairly
- Refusing to promote the employee
- Refusing to provide the employee with a wage increase
- Failing to pay wages on time
- Failing to provide the employee with the necessary tools or aid needed for the job
- Subjecting the employee to harassment
- Retaliating against the employee
- Illegally terminating the employee
Obviously, there are vast number of ways that an implied employment contract can be violated. Knowing how to combat a contract violation requires the help of Maison Law’s experienced California employment lawyers.
What To Do If Your California Implied Employment Contract Was Violated?
Once it is established that your California employer violated the implied contract with the employee, there are certain steps that the employee can take in the immediate aftermath in order to gain compensation. Probably the most straightforward way for the employee to accomplish this is to file a lawsuit to recover damages based around the details of the implied contract and the value of same. Specifically, the employee could potentially recover the following if the lawsuit is successful:
- The amount of money the employee would have earned, including the value of any expected pay increase or benefits.
- The current amount of money the employee would have received from the employer through the duration of the expected employment date.
- The amount of money the employee could have earned in a similar employment situation.
Contact Experienced California Implied Contract Violation Lawyers
At Maison Law, our exceptional team of employment lawyers have helped many employees through the complex process of navigating the violation of their implied employment contract. We believe that every employee deserves the respect of their employer, and that employers should be held accountable when they fail to live up to their end of the bargain. Our lawyers are experts at understanding the nuances of California employment laws as they relate to contracts and can help you if you have suffered from your employment contract being violated. To speak with one of our lawyers during a free consultation, contact us today.
