For the most part, small businesses and major corporations alike function on written contracts of all sorts. Agreements and requirements written down and signed are easy to track and understand. Yet, there is certainly no lack in unwritten and unspoken contracts in the world of business, especially between employers and employees.
When a contract is not explicitly stated or recorded but it is still crucial and stands, it is known as an implied contract. For example, an employer is expected not to steal their workers’ private property because that is illegal. Therefore, it should never have to be written or said that employees have a legal protection from theft carried out by their employer.
An implied contract can also be spoken only, known as an oral contract. When an implied contract is said but not written, it carries just as much legal authority as a written contract. You should expect that your employer will see things otherwise, though. It is common for a company to erroneously claim an agreement is invalid because it was never “put in writing.”
Using Legal Methods to Enforce Implied Contracts
No matter what your employer says, an implied contract has the real potential to be valid and can be enforced. It is a matter of establishing its validity, though, before you can attempt to enforce it. Although, the process is not necessarily dissimilar from how you would enforce a written or recorded contract between yourself and your employer.
To begin, you have to prove that the implied contract exists and has reason to exist. This may become a commonsense argument built upon hard facts, like the existence of other similar or supplemental contracts or rules. You must also prove your employer violated that implied contract and the result was a direct detriment to yourself, financially, professionally, or mentally. If all of these things can be confidently established, then your employment law case will start with good footing.
When you need help proving and enforcing an implied contract that has been violated by your employer, you can turn to Marder Employment Law in California. We routinely take on large companies and international corporations on behalf of our clients. See the difference that our 25+ years of employment law experience and Attorney Bill Marder can do for you by calling (888) 796-4010 and scheduling a no-cost, no-obligation case consultation today.