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Types of Implied Contracts in California

Implied contracts are unwritten agreements between an employer and an employee and their responsibilities. If you had an implied contract with your employer, and the contract was breached, the contract may still be legally binding. The Hollister employment attorneys at Marder Employment Law explain the two different types of implied contracts in California.

Implied In-Fact Contract

An implied in-fact contract creates an obligation between an employer and employee based on the facts of their situation. This means that if an employee and employer had recurring prior conduct, it could create a binding contract.

For example, assume a company hires you as a construction worker every Friday for three months. You work for the company for the first three Fridays and get paid at the end of the day each time. The fourth Friday, you work, but the employer refuses to pay you at the end of the day. Although you and the employer didn’t put anything in writing, there was an agreement based on prior conduct, creating an implied in-fact contract.

Implied At-Will Contract

An implied at-law contract is when the law imposes an obligation upon parties, even though they had no intent to enter into a contract. For example, assume you are stranded by the side of the road because your car engine broke down and a mechanic stops to help you. He successfully fixes your car and sends you on your way. If he later sends you a bill for his services, you would have an implied at-law contract and would be required to pay a fair value for the services you received. However, implied at-will contracts don’t occur as frequently in the workplace as implied in-fact contracts do.

Monterey County Implied Contract Lawyer

If you believe you have an implied contract that was breached, you have the right to seek compensation. The legal team at Marder Employment Law has extensive experience negotiating and litigating all types of contracts and employment disputes. Our legal team is ready to guide you from beginning to end to help you obtain the best possible results for your case.

Contact us today at (888) 796-4010 to schedule a free initial case consultation!