Contracts: Implied contract

Articles (55)

Implied Contract exception to Employment at-Will
In general, under the employment-at-will doctrine, the employment relationship between employer and employee is terminable at the will of either. See At-will Employment . Even so, some state supreme c... applies to All States

Overview of American At-will Employment
American employment law is built on the foundation of at-will employment. Before any meaningful body of employment law existed, employment in America was at-will. Based in state contract law, at-will ... applies to All States

At-will employment in Ohio
Unless otherwise agreed, either party to an oral employment-at-will agreement may terminate the employment relationship for any reason which is not contrary to law. Mers v. Dispatch Printing Co., 19 O... applies to Ohio

Implied Contract exception to Employment at-will
In general, under the employment-at-will doctrine, the employment relationship between employer and employee is terminable at the will of either. See At-will Employment . In Mers v. Dispatch Printing ... applies to Ohio

Wrongful Discharge - Terminations that Violate Public Policy
Technically speaking, courts do not recognize a claim for "wrongful discharge," at least by that name. Broadly speaking, any discharge that violates a law, causes great harm or is grossly unfair is "w... applies to All States

Enforcing Non-competition Agreements after the Sale of a Business
If an employer with non-competition agreements sells its business to a new buyer, the buyer does not necessarily acquire the old employer's/seller's rights in its non-competition agreements. The buyer... applies to All States

The Role of Contracts in Employment Law
Contracts play a central role in employment law. The most basic employment arrangement, at-will employment, is purely contractual in nature. Floyd v. DuBois Soap Co. (1942), 139 Ohio St. 520, 530-531,... applies to All States

Choice of Law in Non-compete Cases
Non-compete laws vary significantly from state to state. California law favors employees, while Ohio law recognizes and protects most employer interests. Thus, the law that a court chooses to apply to... applies to All States

Rescinding Non-compete Agreements after the Employer's Breach
Some states will not enforce a non-compete clause if the party seeking enforcement previously breached a material provision of the contract containing the covenant not to compete. The breach must be m... applies to All States

Executive Orders affecting Unions issued by the Obama Administration.
President Barack Obama signed a series of executive orders in his first month in office favorable to organized labor. They include: Notification of employee rights under federal labor laws ; Economy i... applies to All States

California Non-competition Law
At one time California courts enforced contractual restraints on competition as long as they were reasonably imposed. However, in 1872 California adopted a public policy favoring open competition and ... applies to California

Tortious Interference Involving Non-Competition Agreements
In most states, a third party cannot interfere with the contractual or prospective business relationships between two other parties, absent a proper purpose. This claim is known as “tortious interfe... applies to All States

Non-competition Agreements in Ohio - History and Law
History of non-competition agreements in Ohio As in other states, Ohio courts at one time viewed noncompetition agreements with some skepticism. Agreements in restraint of trade, including noncompetit... applies to Ohio

Arizona paid holidays are not mandatory
In Arizona, employers in the private sector are not required to give employees paid time off for national holidays. As a practical matter, most employers pay for the major holidays to keep competitive... applies to Arizona

Vacation Pay Rights in Ohio at time of Termination
An Ohio employer is not required by law to give its employees any vacation, holiday or other paid time off. Accordingly, when an employer provides paid vacation, it can establish the rules under which... applies to Ohio

Indiana Non-competition Law
Indiana courts disfavor covenants not to compete, which they view as in restraint of trade. Harvest Ins. Agency, Inc. v. Inter-Ocean Ins. Co. 492 N.E.2d 686 (Ind. 1986). Indiana courts strictly constr... applies to Indiana

Michigan Non-competition Agreement Law
The Michigan Antitrust Reform Act generally prohibits any "contract, combination, or conspiracy between 2 or more persons in restraint of, or to monopolize, trade or commerce." Mich. Comp. Laws § 445... applies to Michigan

New York Non-competition Law
New York state courts enforce post-employment non-competition agreements under certain circumstances, but their examination of restrictive covenants is rigorous. New York courts adhere to a strict app... applies to New York

Florida Law for Employer Defamation
Suppose an employer accuses its employee of theft, and fires her for that reason. Suppose the employer then tells prospective employers who call for a reference that the employee was terminated for th... applies to Florida

Ohio Physicians and Doctor non-competition agreements
Non-competition agreements are generally disfavored in the medical profession, but they are not per se unenforceable. Ohio Urology, Inc. v. Poll (1991), 72 Ohio App.3d 446, 451; General Med., P.C. v. ... applies to Ohio

Rights of an Ohio Employee who is a Minority Shareholder
A special exception to employment at-will doctrine applies to employees who are minority shareholders of close corporations. In their case, majority shareholders cannot terminate their employment with... applies to Ohio

Enforcability of Texas Non-competition Agreements.
To be enforceable under Texas law, a non-compete must be: ancillary to or part of an otherwise enforceable agreement at the time the agreement is made; to the extent it contains limitations as to time... applies to Texas

Trade Secrets Overview
A trade secret is information that is not known to the public, that its owner takes steps to keep from public knowledge and that has value because it is not known to the public. The owners of trade se... applies to All States

Fighting Florida Non-competition agreements
Many Florida employees believe that, just because an employer forced them to sign a non compete agreement or be fired, they are not bound by the non-compete agreement. That is just not true. Continued... applies to Florida

Regular Rate of Pay for Calculating Overtime Pay
Overtime is calculated based on the employee’s actual, or “regular rate” of pay. The regular rate of pay includes not only the normal hourly rate, but all compensation for employment paid to, or... applies to All States

Virginia Non-competition Law
Restrictive covenants are disfavored in Virginia as restraints on trade. Virginia courts will enforce restraints in non-competes only if the restraint is: reasonable in that it is no greater than nece... applies to Virginia

Employee Benefits Overview
As a result of the employment relationship, employees are entitled to certain benefits, such as retirement and disability compensation, as a matter of law. In addition, once an employer decides to off... applies to All States

Florida wrongful discharge law
Florida law does not recognize a “wrongful termination” or "wrongful discharge" claim, at least by that name. Florida is an at-will state, which means that an employer may fire, demote, hire, prom... applies to Florida

Pennsylvania Non-competition agreements
“Non-competition” or “noncompete” agreements are one of a particular kind of contract, termed “restrictive covenants,” under Pennsylvania law. As in most states, noncompetition agreements ... applies to Pennsylvania

Arizona Non-competition Agreement Law
Historically, Arizona courts viewed covenants not to compete unlawful restraints of trade. Eventually, Arizona courts began to enforce ancillary restraints on competition, such as those incident to em... applies to Arizona

Preliminary Injunctions in Non-competition Cases
A preliminary injunction is a court order, issued at the beginning of a case, which preserves the relative position of the parties while the case is pending. It usually remains in effect until replace... applies to All States

Florida Whistleblower's Act Protects Employees of the Government and Companies that Contract with Florida Governments
The Florida legislature enacted the Florida whistleblower's Act, Fl. Stat. 112.3187 in 1986 to prevent state and local government agencies ("Agencies,") and the companies that contract with Agencies (... applies to Florida

Tired Truckers: How the Tracy Morgan Crash is a Sign of a Bigger Problem
Driving while tired can be just as dangerous as driving while intoxicated, and in an industry that pushes the limits on production, tired truck drivers are often the result. The recent tractor trailer... applies to North Carolina

Illinois Non-competition Agreement Law
Illinois courts are reluctant to enforce restrictive covenants and scrutinize them carefully. Nevertheless, Illinois courts will enforce a restrictive covenant if it is ancillary to another transactio... applies to Illinois

Arbitration of Employment Disputes
The federal arbitration act (FAA), 9 U.S.C. § 1, et seq . and Ohio’s arbitration act ORC § 2711.01 et seq. , both direct a court to stay trial of a matter that is the subject of a written arbitrat... applies to Ohio

Overview of U.S. Non-competition Agreements
A non-competition agreement, also know as a covenant not to compete, is a promise by an employee not to compete with his or her employer for a specified time, in a particular place or in a particular ... applies to All States

Illinois Wage Payment and Collection Act
The Illinois Wage Payment and Collection Act governs when Illinois employers must pay employee wages and commissions, prohibits most deductions from employee pay, requires notice for changes in pay an... applies to Illinois

Illinois State Overtime Law
This page is article is devoted to Illinois law. It presumes you have a basic knowledge of the Federal Law. But for more information on the Federal Overtime Law please visit our FLSA page at http://ww... applies to Illinois

Family and Medical Leave Act 2008 Rule Changes.
The Department of Labor issued final changes to its Family and Medical Leave Act (FMLA) rules, which took effect on January 16, 2009. These changes include the new leave related to military service me... applies to All States

Five Facts About The NYC Freelance Isn't Free Act
In 2017, New York City passed the Freelance Isn't Free Act, which offers some of the strongest freelancer protections in the country. Under the act, freelancers can file suit if their clients refu... applies to New York

3 Reasons to Get Things in Writing in Employment Law
Many people are excited at the prospect of a new job, and most do not predict it will lead to anything but income and perhaps some satisfaction at work well done. People do not usually expect for thei... applies to California

5 Tricky Sexual Harassment Situations
1. Where did all the love go? While it is not exactly against the law to date a co-worker, superior, or an underling, it does tend to complicate things legally, especially when things turn sour. There... applies to All States

What is a Qui Tam?
Enter your article here SAN FRANCISCO — Swiss pharmaceutical company Novartis AG is paying $72.5 million to settle a whistleblower lawsuit accusing it of improperly billing government programs for u... applies to All States

How to Hire a Competitor's Employees
Suppose an employee from a competitor applied for an open position with your firm. She did not take any trade secrets from the competitor and will not solicit her the competitor's customers. However, ... applies to All States

5 Forms of Sexual Harassment You Didn’t Know About
1. Desire does not have to be what fuels the fire Did you know that not all forms of sexual harassment are motivated by a person’s sexual attraction to another? Under particular legislation in C... applies to All States

7 Famous Whistle blowers Who Sought Truth and Justice
While most whistleblower cases do not make headlines, some of them do because of the scope of wrongdoing found or the fame of the businesses or people involved. Whistleblower laws protecting people wh... applies to California

Dont Let Your Employer Misclassify You As An Independent Contractor
Enter your article here The Federal Government and President Obama have announced that they with the IRS will be cracking down on enforcement of employers that misclassify their employees as 1099 inde... applies to All States

Five Facts about New York's New Employment Protections
In June 2019, the New York Legislature passed major changes to the state's employment laws. The new and expanded provisions offer greater protections to victims of sexual harassment and workplace ... applies to New York

5 Things You Didn’t Know About Being Forced to Quit
If your boss fires you for an illegal reason you can assume you should call an Employment Attorney to discuss a potential suit against the organization for wrongful termination at the very least, but ... applies to California

5 Things You Didn’t Know About Being Forced to Quit
If your boss fires you for an illegal reason you can assume you should call a wrongful termination attorney to discuss a potential suit against the organization for wrongful termination at the very le... applies to All States

What Are My Employment Rights if I am or Become Pregnant?
As society continues to advance, Americans are living longer, maintaining their car eers, and deciding to have children a little later in life. Most adults today want it all and employment laws, espec... applies to All States

4 Things To Know About Leaves Of Absence And Wrongful Termination
Have you ever wondered what would happen if you became very ill suddenly and couldn’t go to work? What if your child or spouse became ill or he or she was severely injured in an accident; would ... applies to California

3 Things To Know About Taking a Leave From Work
3 Things To Know About Taking a Leave From Work It is early in the morning, the sun has yet to rise, and the alarm on your phone goes off. Work is hours away but this is the alarm you set is for yours... applies to All States

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Contracts: Implied contract