Fresno Employment Contracts Attorney

Implied Contracts and At-Will Employment in California

These days, implied and oral contracts are generally not valid legal theories against employers. If there is any language in an employee manual, or personnel document the employee signed, stating the employee is at-will or there is not a contract of employment there will almost certainly not be an implied or oral contract.

Even if you worked for a small employer without any written policies, you will have to affirmatively show that something happened worthy of the court implying a contract. Implied contracts can exist if the employee is a very longterm employee, or if promises of longevity such as retirement are made. Promises creating an implied contract may also include employees who are promised large sums of money or longevity if they institute a new process, set up a new location, or do something quite large for a company. However, any written language about the employer being at-will most likely will defeat an implied contract. Moreover, in the case of commissions, any written commission agreement is likely to defeat an implied or oral contract for commissions.

No Contract? You Might Still Deserve To Be Paid. Call (818) 783-7300 to talk to a Fresno Employment Lawyer.

Understanding Quantum Meruit (Unjust Enrichment)

The absence of a contract does not preclude recovery under quantum meruit because quantum meruit does not require the existence of a contract, Maglica v. Maglica, 66 Cal.App.4th 442, 449 (1998). Actions lie in common counts even when the services were rendered under an unenforceable contract, Parker v. Solomon, 171 Cal.App.2d 125 (1959).

• The recovery for quantum meruit is the reasonable value of the services rendered.
• The underlying idea is the law's distaste for unjust enrichment.
• "Contract price and reasonably value of services rendered are two separate things; sometimes the reasonable value of services exceeds a contract price," Maglica at 450.
• A person who has been unjustly enriched at the expense of another is required to make restitution to the other.

Quantum Meruit as a Legal Remedy

Quantum meruit is a form of common count for work or labor done. Because it was recognized as an action at law in 1950, there is a right to jury trial, Jogani v. Sup. Crt., 165 Cal.App.4th 901 (2008).

• It does not depend on an implied contract and is not rooted in quasi-contract.
• It is also appropriate when a plaintiff, working under an express contract, performs **additional work** at the defendant's request that is not specified in the contract, Combs v. Glide, 112 Cal.App.2d 781 (1952).

Employment contracts today and the language in manuals can get messy. If you are in need of an employment contracts lawyer, contact us. Serving All Of Fresno County.

(818) 783-7300 for a Fresno employment contract lawyer.