A Business Attorney in Fairfax on Breach of an Implied Employment Contract

Posted on: July 10, 2014

Virginia is what is known as an employment-at-will state, which means that the general rule is that an employee can be fired at any time, for any reason or for no reason at all. The exceptions, a business attorney in Fairfax explains, are that an employee cannot be fired for illegal reasons, such as discrimination or for reporting unsafe working conditions or if there is an employment contract indicating circumstances under which an employee may be terminated.

Types of Employment Contracts
An employment contract may be written, oral or implied. Proving the existence of an implied contract is a more difficult burden for a business attorney in Fairfax. Proof is implied from the actions and statements of the parties as there are not writings or oral promises to cite.

Wrongful Termination
Although an implied contract may come up in other scenarios, it most often arises in the context of a wrongful termination claim where an employee is fired without cause. The employee alleges that an implied contract existed between the parties and that the employee would not be fired other than for cause. Circumstances a business lawyer in Fairfax will use to argue for the existence of an implied contract include:

  • A lengthy employment history with the employer, in which time the employee received promotions, raises and positive performance reviews; and
  • Policies of the employer that indicate firing for cause only, such as mandatory progressive disciplinary rules before firing or indicating the employee will become permanent after successfully completing a probationary period.

Contact a Business Lawyer in Fairfax for Legal Advice
Proving an implied contract is very much fact-sensitive and based on the totality of circumstances. To fully understand your rights, call Schleifman Law, PLC, a business attorney in Fairfax, at 703-528-1021.