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  1. #1
    dnch2 is offline Junior Member
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    At will termination vs. implied contract

    What is the name of your state? Illinois

    I was recently recruited away from a good job with promises of equity options, etc., with a small privately owned company. I took the job without the written contract being finalized and was continually told it should be ready soon. I never got the contract and in less than three months was terminated, with an offer of one month severance pay. The reason was that I was not a "good fit" even though I hit my sales goals. The Chief Marketing Officer, who recruited me to the organization was also terminated because he was not a "good fit." It's obvious to us they just wanted to cut salary and they weren't committed to the growth plan they used to recruit both of us. Since there was an implied contract, and I had little or no good faith opportunity to perform my duties, do I have a case?
  2. #2
    eerelations is offline Senior Member
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    Just like verbal contracts, implied contracts are worth the paper they're printed on. Unless you had an actual contract that stated otherwise, you were an at-will employee.

    You might have had a case for detrimental reliance (i.e., you left a very good job as a direct result of promises made about the new job) except that as far as the courts will be concerned, you had nothing to rely on, i.e., no specific written contract.

    (And PS, "fit" has nothing to do with job performance. However, many employers consider fit to be just as important as job performance - and will fire employees for poor fit, even if they're performing well.)

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