Breach of Implied Contract Attorney

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.

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.

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.

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.