Legal exceptions for at-will employees with Implied and Oral Contracts

Employees who have no formal or written contract are often referred to as at-will employees. At will employees are hired at the consideration of the employer. At will employees can be fired anytime, except for illegal reasons.

At will employees and employers have verbal agreement as a contract, defining relevant work issues. The oral or implied contract includes the company’s important employment issues such as:

1. Job responsibilities
2. Work schedule
3. Meal/rest Break
4. Overtime policy
5. Wage rate or salary
6. Company conditions

At-will employees have limited rights and can be fired even without a good cause. Because at-will employees are exposed to unfair labor practices, the government has stipulated anti-discrimination and harassment laws.
Civil Rights Act Title VII, Americans with Disabilities Act, Age Discrimination in Employment Act, and Rehabilitation Act are federal and state laws that prohibits unfair labor practices, discrimination, harassment, and retaliation. It provides protection against employer misconduct even for at will employees.

Sometimes the employer will provide a written contract, yet still with at-will employment terms. It states the conditions of the employment relationship. It may include the employee's work schedule, salary, responsibilities, and duration of employment. It may provide employees with certain benefits like clothing or transportation allowance.

The employer may include a provision for confidentiality agreement or non-compete agreement.

Confidentiality agreement prohibits the employee from disclosing trade secrets during or after the employment relationship. Non-compete agreement prohibits the employee from working for a competitor within a given time period. The employer must provide additional compensation to the employee in exchange for such conditions.

Such contract includes a clause, stating that the employee can be fired anytime, except for illegal reasons.

Illegal reasons mean the discrimination/harassment/retaliation acts prohibited by the above employment laws. Employers may fire you for poor performance, but not due to discrimination-related issues like race, ethnicity, age, gender, religion, or disability.

Implied and oral contracts are still honored as a valid basis for employment relationship.

Though implied and oral contracts can be used as legal basis in litigation, it is difficult to establish its credibility.

If you are an at-will employee and you were fired on the basis of your skin color, impairment, or gender; you can file a discrimination complaint. You will have to establish first that a verbal employment agreement has occurred. Then, present evidence of the employer’s misconduct or violation. You can also use witness statements to substantiate your case.

You will need the help of a professional Los Angeles Employment Lawyer to help you win your case.

  
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