Implied in fact contract and dating
An "implied employment contract" in California labor law is an agreement between you and your employer that is not in writing but is instead formed through both parties' behavior (including spoken promises).An implied employment contract is an exception to the rule of at-will employment in California.Below, our California employment lawyers answer the following frequently asked questions about implied employment contracts and wrongful termination lawsuits: If you have further questions after reading this article, we invite you to contact us at Shouse Law Group.An implied contract is a contract--a binding agreement--that is not set down in writing but is instead formed by the conduct of the parties to the contract.But if you do have a written employment contract, and it specifies that you are an at-will employee, then typically courts will NOT decide that there was an implied contract not to terminate you.
Under California employment law, the default assumption for employees who do not have an employment contract or collective bargaining agreement is that the employer may fire him/her at any time, regardless of whether there is a good reason for doing so.
However, in some cases, an express at-will employment agreement can be overridden by a later agreement not to terminate employment without good cause.
In these sorts of cases, the later agreement must be explicitly spelled out, either in writing or orally. The employee also must provide some sort of "consideration" for the employer's new promise not to terminate employment without cause--for example, a promise not to work for a competitor (a non-compete agreement), or a promise not to leave the job until a certain project is complete.
In other words, if you sign that loan agreement today and its effective date is a month from now, you are bound to the agreement starting today even though you will not begin acting on it for a month.
Sometimes courts are asked to determine the effective dates of contracts that are completely undated.