 |
|
Oracle Tips by Burleson |
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 |
