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Implied Employment Contract

An implied employment contract is another exception to at-will employment and is as legally binding as a formal employment contract. Implied contracts provide consent through employer communications including verbal commitments, actions, and documents such as employment offer letters, employee handbooks and agreements.

Employers sometimes make the mistake of verbally committing to agreements with employees that then become legitimate legal contracts. These verbally-defined contracts are more likely to be upheld legally if the employee relies on the statements made and is in some way put at a disadvantage due to this reliance.

Consistent actions may be used by the employee as an agreement unless disclaimers are documented. In past situations, if an IT manager had always provided counseling, two verbal warnings, and one written warning before firing an individual, the employees can rely on that sequence of events as the standard process before all firings may occur.


The above book excerpt is from:

You're Fired! Firing Computer Professionals

The IT manager Guide for Terminating "With Cause"

ISBN 0-9744486-4-8

Robert Papaj 

http://www.rampant-books.com/book_2005_1_firing.htm

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