Dinn, Hochman & Potter, LLC

Employment contract disputes often arise from implied contracts

Resumes have been reviewed, interviews conducted and an offer of employment made. This scenario occurs daily throughout Ohio in shopping malls, schools, manufacturing companies and many other businesses. The jobs involved range from that of the shoe salesperson to a teacher to a business executive. While the basic process may appear to be the same, very little else is until it comes to the matter of employment contract disputes.

Ohio is considered to be an "employment at will" state, meaning that the employer can choose to end the employment relationship at any time for any reason. However, this ability can be limited by the terms of an employment contract. If there is an employment contract in place, then both parties are typically bound by its terms.

An employment contract can be either expressly written or implied. Disputes tend to be less of an issue with written contracts. Typically, such contracts indicate that the employee will perform a specific job or the employee will be a part of the company for a specific period of time.

It is also possible that the employer and employee have entered into a verbal employment contract. Verbal employment contracts are often created by something that the employer says. Comments regarding an employee's continued employment based upon his or her sales record or some other such data often indicate that the employer will retain the employee as long as those numbers are met. This can be construed as an employment contract.

While written agreements may not be the norm in all Ohio businesses, they are an important part of many. Employment contract disputes are usually a costly endeavor in terms of money, time and manpower. Experienced legal counsel can be beneficial in determining the exact terms of the contract, whether written or implied, and in resolving any ongoing disagreements.

Source: employment.findlaw.com, "Employment Contracts and Compensation Agreements", Accessed on April 11, 2017

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