Implied in fact contract and dating
Below, our California employment lawyers answer the following frequently asked questions about implied employment contracts and wrongful termination lawsuits: If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.
An implied contract is a contract--a binding agreement--that is not set down in writing but is instead formed by the conduct of the parties to the contract.
Sometimes you will want the effective date to be different from the date of signing, either earlier (i.e., backdating) or later (i.e., predating).
Either is acceptable, provided that both you and the other party intended it.
One day Chris is fired from his job without warning.
The written contract will control over any implied employment contract.
In the employment law context, an implied contract typically means an agreement by the employer not to terminate the employee from his/her job without good cause.
Under California employment law, the default assumption for employees who do not have an employment contract or collective bargaining agreement is that the employer may fire him/her at any time, regardless of whether there is a good reason for doing so.
But an implied employment contract is an exception to the rule of at-will employment.
(Other exceptions include wrongful termination in violation of public policy.) If you can show that your employer's past conduct created an implied contract not to terminate employment except for good cause, then you can sue the employer for wrongful termination if you lose your job in a way that violates the terms of that contract.For example, if you decide to loan money to a friend, you may draw up the contract after you’ve already made the loan, in which case you’ll want to backdate the contract, making it so that the interest started accruing the day you loaned the money.