California Implied Employment Contracts and Wrongful Termination - PowerPoint PPT Presentation

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California Implied Employment Contracts and Wrongful Termination

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You can often assert that there was an “implied contract” in a wrongful termination case. That is, you can argue that the agreement between you and your employer was more than at-will employment, and the employer cannot terminate you as easily because of your unique situation. These situations are tricky, so be sure to talk to a wrongful termination lawyer to determine whether you might have an implied contract for your employment. Schedule your case evaluation with JML Lawyers to find out more about wrongful termination and the compensation you may be able to recover in this type of case. – PowerPoint PPT presentation

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Title: California Implied Employment Contracts and Wrongful Termination


1
California Implied Employment Contracts and
Wrongful Termination
2
Employment Agreements
  • The vast majority of employment arrangements are
    based on an at will agreement. Under that type
    of deal, an employer can terminate you for
    virtually any legal, nondiscriminatory reason and
    you can leave employment at any time.
  • Usually, restrictions on employment will only
    arise when there is a contract between you and
    your employer for work to be performed or that
    you will continue work for a specific period.
    However, you can have this type of arrangement
    even where there is no written contractit is
    called an implied contract.

3
What is an Implied Contract???
4
An implied contract is not based on a written
agreement. Instead, it is based on the actions of
both you and your employeryou both act as if
there is an employment contract in place.

If an employer fires you despite this agreement,
you can sue for wrongful termination.
5
Evidence to present that shows an implied
contract may include

Long-term goals that extend to a certain period
of time.
Duration of your employment.
Verbal or written assurances that your work will
continue.
The regularity of job promotions.
Whether the employer deviated from their regular
employment practices to terminate you.
General policies and procedures regarding
termination or hiring Practices in the industry
in which you work.
6
Some employers will come out and say that they
expect that you will continue with the company
for years to come. Others are not as
straightforward. Your wrongful termination
attorney will be able to examine the facts of
your situation to determine what kind of
information you should present to a judge or
jury.

Even where you have an implied contract, your
employer can usually still terminate your
employment if it has good cause. Good cause could
mean a variety of factors, but it often includes
things like poor performance or violations of
company policies.
7
Express Notations of At-Will Employment
California law is somewhat strict on implied
contracts for employment. If the employer tells
you at any time that you are considered
at-will, then your actions generally will not
override that notation. These provisions are
often found in employee handbooks.

Employers will even provide them automatically
just to ensure that an implied contract is not
available as a defense for those who claim
wrongful termination.

8
Need Help? Contact JML Law
  • A wrongful termination lawyer can help you decide
    whether you have an opportunity to claim that an
    implied contract existed.
  • Schedule your case evaluation with JML Lawyers to
    find out more about wrongful termination and the
    compensation you may be able to recover in this
    type of case.

9
Litigation With JML Law
  • Address
  • 21052 Oxnard Street Woodland Hills ,
  • Los Angeles, CA 91367
  • Phone
  • 818-835-5735
  • Website
  • https//www.jmllaw.com/contact.shtml
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