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Because employers have reacted to the exception by carefully drafting documents to unambiguously state that the parties agree to at-will status, it can be difficult to bring a valid implied contract lawsuit.
If you need help in understanding the implied-contract exception, or legal assistance in suing your employer based on an implied contract, you can contact a wrongful termination attorney.
The offer letter contained a paragraph stating that employment would be at-will and that the employer "has the right to terminate your employment at any time just as you have the right to terminate your employment with [the employer] at any time." The employee signed the letter, signifying his acceptance of the various employment terms.
It is important to determine how your state courts have applied the exception.
The court made this determination despite the offer letter not containing all of the material terms of the employment relationship.
This means that, in accordance with the courts' more careful recent application of the implied-contract exception, an express agreement that indicates an at-will policy generally won't be trumped by evidence of an implied agreement.
How the Implied-Contract Exception Is Treated By Courts Many courts across the country have found that the representations made in employee handbooks can create an implied contract, absent a clear and express waiver that the guidelines and policies in such handbooks don't create contract rights.
A common situation involves handbook provisions stating that employees will be disciplined or terminated only for "just cause" or under other specific circumstances, or provisions indicating that an employer must follow specific procedures before disciplining or terminating an employee. Bechtel) that where there is no express agreement, the issue is whether other evidence points to a mutual understanding of employment terms (an implied contract, in other words).
(I promise to fix your car by Thursday and you promise to pay $500 on Thursday). Every agreement ought to be so certain and complete, that each party may have an action upon it; and the agreement would be incomplete if either party withheld his assent to any of its terms.