Two Ways to Prove an Implied Employment Contract

9 August 2018
 Categories: , Blog


Employment is considered at-will in almost every state. This means either party (i.e. you or your employer) can terminate your employment at any time and for any reason, even discriminatory ones in some cases. You may still have a case for wrongful termination, though, if you can prove you had an implied contract with the company promising continued employment. Here are two ways you can show this in court.

1. Show the Company Didn't Follow Its Termination Procedures

Although companies can fire employees for any reason, they usually implement policies regulating terminations to avoid being sued by former workers who feel their firings were unfair. While the policies aren't a promise of continued employment per se, they do imply that any employment terminations will follow a specific procedure and any deviations from that procedure can open the door to winning your lawsuit.

For example, a former principal won almost $400,000 in her wrongful termination suit because her school district failed to notify her that it was not renewing her contract within the required time period.

In situations that don't involve contracts, the most common way companies violate their own termination policies is by promising to only fire employees for cause but then letting them go for unreasonable or unfair justifications. For instance, the company has a policy of letting people go for criminal acts and poor performance, but they fire an employee for dyeing his or her hair a color it feels is objectionable.

To prevail using this tactic, you'll need to present a copy of the company's termination procedures and show how the manager, supervisor, or HR rep deviated from the policy. Be aware, though, you may also have to show that you probably would still be employed with the company if it didn't violate its policy to get rid of you. It's best to consult with an attorney to determine what the courts will look for in your case.

2. Submit Evidence of Plans for Promotion

Another way you can show an implied employment contract is when your supervisor or manager discusses your future with the company. For instance, an implied contract can form when the employer promises to promote you to higher levels within the company as long as you perform your duties as required. The implication here is that you will continued to be employed if you perform satisfactorily.

This tactic can be tricky to employ because you'll have to prove you were doing your job as agreed. Although this can be shown by providing the court with your positive performance reviews, it's not unusual for companies to give employees unwarranted bad reviews before firing them. If this is the case for you, you'll need to provide other evidence to counter the bad reviews, such as testimonies from witnesses about the quality of your work.

Proving an implied contract can be challenging. It's essential you work with a wrongful termination attorney who can give you the best chances of winning your case.


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