# Implied Contract Lawyer | Unpaid Wages & Quantum Meruit

> Breach of written and unwritten contracts. Employer unjust enrichment. We help employees recover unpaid wages and fair compensation. Contact us today!

Source: https://fresnoemployeelawyer.com/employment-contracts/
Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving Fresno County, California.
Phone: (818) 783-7300 (calling is the fastest way to reach the legal team)
Office: 13418 Ventura Blvd, Sherman Oaks, CA 91423
Contact form: https://fresnoemployeelawyer.com/contact/
Consultations are free and confidential; cases are taken on contingency.

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## **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](tel:8187837300)** 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](tel:8187837300)** for a Fresno employment contract lawyer.

## Our Firm: No Upfront Fees or Costs

### Contingency Fee Representation

All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee.

### Serving Fresno County

We have proudly served all of Fresno County since 1993.

Ready to discuss your case?

(818) 783-7300

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The Employment Lawyers Group has successfully handled

2,000+

Separate California Employment Cases

## Media Engagements

## Sample Case Results

breach of commission contract $1,150,000  Unpaid commissions of two plaintiffs unpaid wages $875,000  For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000  Controlled stand by class action settlement

Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.

## Practice Areas

[Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://fresnoemployeelawyer.com/discrimination/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://fresnoemployeelawyer.com/unpaid-wages/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://fresnoemployeelawyer.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://fresnoemployeelawyer.com/wrongful-termination/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://fresnoemployeelawyer.com/leaves-of-absence/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://fresnoemployeelawyer.com/whistle-blower/)

## Our California Locations

### Bakersfield

[BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com)

5401 Business Park S, #214,
Bakersfield CA 93309

[(661) 412-9600](tel:6614129600)

### Los Angeles

[EmployeeLawCA.com](https://employeelawca.com/)

611 Wilshire Blvd, #1023,
Los Angeles CA 90017

[(323) 525-1600](tel:3235251600)

### Orange County

[WorkLawyerOC.com](https://worklawyeroc.com)

2522 Chambers Rd, #100,
Tustin CA 92780

[(714) 210-8000](tel:7142108000)

### Riverside

[RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com)

9496 Magnolia Ave, #208,
Riverside CA 92503

[(951) 367-1000](tel:9513671000)

### Sacramento

[SacramentoLaborAttorney.com](https://sacramentolaborattorney.com)

777 Campus Commons Rd, #200,
Sacramento CA 95825

[(916) 340-0000](tel:9163400000)

### San Bernardino

[EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com)

337 N. Vineyard Ave, #400,
Ontario CA 91764

[(909) 663-2100](tel:9096632100)

### San Diego

[SanDiegoEmployeeLawyer.com](https://sandiegoemployeelawyer.com)

330 "A" St, #60,
San Diego CA 92101

[(619) 320-3000](tel:6193203000)

### San Francisco / Bay Area

[BayAreaEmploymentAttorney.net](https://bayareaemploymentattorney.net)

524 Union St, #400,
San Francisco CA 94133

[(877) 525-0700](tel:8775250700)

### San Jose / Silicon Valley

[SiValleyLaborLawyer.com](https://sivalleylaborlawyer.com)

111 N. Market St, #300,
San Jose CA 95113

[(877) 525-0700](tel:8775250700)

### Sherman Oaks

[WorkLawyerCA.com](https://worklawyerca.com)

13418 Ventura Blvd,
Sherman Oaks CA 91423

[(818) 783-7300](tel:8187837300)

### Torrance / South Bay

[JobTerminationLaw.com](https://jobterminationlaw.com/)

3655 Torrance Blvd, 3rd Floor,
Torrance CA 90503

[(310) 842-8600](tel:3108428600)

### Ventura / Oxnard

[VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com)

4030 West Hemlock St,
Oxnard CA 93035

[(805) 200-0100](tel:8052000100)

### Additional Sites

[BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org)

## About Firm Founder, Karl Gerber

Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California.

Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.

The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**.

[Meet Karl Gerber](https://fresnoemployeelawyer.com/karl-gerber/)

## Ready to Discuss Your Case?

Your rights as an employee matter. Submit a contact form and we'll get back to you.

Submit A Contact Form [Call (818) 783-7300 Now](tel:8187837300)
