Breach of Implied Contract | Summary and Q&A

668 views
August 23, 2021
by
GreggU
YouTube video player
Breach of Implied Contract

TL;DR

Employers can be liable for breach of contract if they terminate an employee with an express contract before the expiration, and even in the absence of an express contract, promises of job security can limit the right of employers to terminate at will.

Install to Summarize YouTube Videos and Get Transcripts

Questions & Answers

Q: Can an employer be held liable for breach of contract if they terminate an employee with an express contract before the contract ends?

Yes, an employer can be held liable for breach of contract if they terminate an employee with an express contract before the expiration, unless there is cause for termination.

Q: Is it possible for an employer to limit their right to terminate at will without an express contract?

Yes, even in the absence of an express contract, promises of job security can restrict the right of employers to terminate at will, giving rise to an implied contract.

Q: What factors indicate the existence of an implied contract?

Factors that indicate the existence of an implied contract include consistent promises made frequently by someone with authority, communication of the promise to the employee, and consistent conduct by the employer.

Q: Can raises, promotions, and positive performance appraisals guarantee future employment security?

No, while they can support an employee's claim that employment is not strictly at will, they do not constitute a contractual guarantee of future employment security.

Summary & Key Takeaways

  • Some employees have express contracts, and if they are terminated before the contract ends, the employer may be liable for breach of contract.

  • The majority of employees do not have express contracts, but promises of job security can restrict the right of employers to terminate at will.

  • Factors that indicate the existence of an implied contract include consistent promises from someone with authority, communication of the promise to the employee, and consistent conduct by the employer.

Share This Summary 📚

Summarize YouTube Videos and Get Video Transcripts with 1-Click

Download browser extensions on:

Explore More Summaries from GreggU 📚

Summarize YouTube Videos and Get Video Transcripts with 1-Click

Download browser extensions on: