Posted On: July 31, 2009 by Greenberg & Rudman

WERE YOU PROMISED CONTINUED EMPLOYEMENT? CALL SF EMPLOYMENT LAWYERS TO FIND OUT IF YOU HAVE AN IMPLIED EMPLOYMENT CONTRACT

If you have recently been fired after receiving assurance of continued employment, you may be able to sue. In certain situations, an employee without a written employment contract may have an “implied contract.” An implied contract is a contract that is created by both circumstances and oral statements. However, even if you have an implied contract for continued employment, your boss may fire you for good cause.

There are several factors to examine when determine if an implied contract has been created. First, a court will look at the employee’s length of service. The longer the time an employee has been working for a company, the more likely it is they have an implied contract. Therefore, if you were fired after only been working for a company for two weeks, you likely do not have an implied contract. Second, a court will look at the company’s progressive discipline policy. If a company has a policy that institutes several warnings and probation periods before firing, it is more likely that an implied contract exists. Third, courts will also look at employee benefits programs. These types of programs include retirement programs and 401K programs. The presence of these programs may help to prove an implied contract.

If you have recently lost your job after repeated assurances of job protection, and you feel that your employer has no good reason to fire you, you may have an implied contract. Don’t hesitate to call for help. Call the attorneys at Greenberg & Rudman LLP for a free consultation! You can reach us at 1-800-ALAWPRO or 1-800-252-9776. Call us for a free consultation. You can also visit us at www.discriminationattorney.com to learn more.