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What constitutes an "implied contract"

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anthonyrd

Junior Member
What is the name of your state (only U.S. law)? NY

I was hired to cover someone's maternity leave position at the hospital which was to last 8-12 weeks, plus additional time for training before that. I was then fired after 10 days for no good reason, a personality clash, even though they are trying to make it look like I was incompetent. I feel I had an 'implied contract with the hospital and thus they are breaching that contract. Would you agree/ disagree? Thanks in advance! Here is an excerpt of that statute/ law followed by another exception to the NY state "at will" employment laws:

“Thirty-seven U.S. states (and the District of Columbia) also recognize an implied contract as an exception to at-will employment. Under the implied contract exception, an employer may not fire an employee "when an implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists." If the employer fires the employee in violation of an implied employment contract, the employer may be found liable for breach of contract.”

Additionally, there is another exception to the “at-will” employment laws in NY State. This law is known as the “Covenant of good faith and fair dealing exceptions, possibly known as "Implied-in-law." Here is an excerpt of that law:
This exception for a covenant of good faith and fair dealing represents the most significant departure from the traditional employment-at-will doctrine. Rather than narrowly prohibiting terminations based on public policy or an implied contract, this exception – at its broadest – reads a covenant of good faith and fair dealing into every employment relationship. It has been interpreted, by some courts, to mean either that employer personnel decisions are subject to a “just cause” standard or that terminations made in bad faith or motivated by malice are prohibited.
 


quincy

Senior Member
This has nothing to do with intellectual property law, so I suggest you repost your question in either the employment law section of the forum or the contract law section of the forum. That is where the experts who are able to handle the answer to your question are more likely to hang out. ;)
 

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