Wrongful Termination · California & New York
Breach of Implied Contract Attorney
Dealing with a breach of implied contract issue? Our California & New York employment attorneys can help you get the compensation you deserve.
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Your Employment Rights in California & New York
If you have experienced breach of implied contract, both California and New York law provide strong protections. You may be entitled to:
- Back pay and lost wages recovery
- Compensatory damages for emotional distress
- Punitive damages in cases of egregious conduct
- Attorney's fees and litigation costs paid by the employer
Breach of Implied Contract FAQ
What is an implied employment contract?
An implied contract is an unwritten agreement created by employer conduct, policies, or statements. In California, under Foley v. Interactive Data Corp., courts consider factors including the employer's personnel policies, the employee's length of service, employer assurances of continued employment, and industry practices. Employee handbooks, offer letters, and verbal promises can all create implied contracts.
Does New York recognize implied employment contracts?
New York courts are more reluctant to find implied contracts but do recognize them in certain circumstances. Under Weiner v. McGraw-Hill, an employer's written policies can create an implied contract limiting the right to terminate at will, particularly when an employee can show reliance on specific handbook provisions and the employer benefited from that reliance.
Can an employer's disclaimer defeat an implied contract claim?
Possibly. Many employers include at-will disclaimers in handbooks and offer letters. In California, a disclaimer is one factor courts consider but does not automatically defeat an implied contract claim if other evidence is strong. In New York, clear and conspicuous disclaimers are given more weight by courts.
What should I do if I believe I had an implied contract?
Preserve all documents: your offer letter, employee handbook (especially the version in effect when you were hired), performance reviews, emails containing promises about job security, and any written acknowledgment of company policies. These documents form the foundation of your implied contract claim.
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