While results for the two majors indicated different perceptions of these
implied contracts, this could be due to differences in both the employing organizations and the positions being taken by the two groups of students.
For example, when the California courts considered a same-sex couple case analogous to Marvin, they chose not to enforce an
implied contract. In Jones v.
& ARTS 47, 65 (1996) ("State intellectual property law governing idea submissions is unlikely to be preempted by federal copyright law ...."); Reitenour, supra note 17, at 151 ("The express and
implied contract theories include the element of a contractual relationship, thus effectively removing them from the scope of preemption.").
The second major exception to the employment-at-will doctrine is applied when an
implied contract is formed between an employer and employee, even though no express, written instrument regarding the employment relationship exists.
Lexington excludes express contracts, but apparently includes
implied contracts: "Wrongful Termination shall not include damages determined to be owing under an express contract of employment or an express obligation to make payments in the event of the termination of employment." (10)
Burroughs Corp., the plaintiff-employee claimed, under an
implied contract theory, that his seniority should have protected him from being laid off.
If you determine that you have no written contract and no other documents, policies, or procedures that might be construed as an "
implied contract," you may have more flexibility in terminating an employee.
Surprise, disappointment, and anger all play a factor in these so-called
implied contract suits.
In such an environment, an
implied contract of lifetime employment for loyal and productive service evolved between employer and employee.
Courts have modified the at-will rule in three areas: public policy exceptions, breach of an express or
implied contract, and breach of the covenant of good faith and fair dealing.
Section II.B then demonstrates that the law of
implied contract provides a theory that advises courts when to infer such an agreement between parties.
Jet Aviation), Judge Nicholas Politan ruled: "If the plaintiff seeks to rely on provisions in the employee handbook as the course of an
implied contract of employment, then he must accept that agreement as a whole...In short, the plaintiff must accept his obligations along with his rights, as in any agreement."
