An employment contract like most other contracts can be implied even if the worker had been an at-will employee or independent contractor
An employment contract that imposes specific duties on the employer can take different forms. It can be a written agreement setting forth the terms of the employment relationship. An employment contract can be a verbal agreement, or under certain conditions, an employment contract can be implied if the worker can establish certain factors such as:
- There has been a long-term employment relationship between the parties, not just for months but for years.
- The employer promises future work for continued good job performance. Usually, such encouraging compliments are meant to entice the worker to keep doing an excellent job, hoping it might result in actual employment with the company.
- Proof that the worker has been performing well at the job, as demonstrated by receiving positive job reviews and the fact the worker is being given higher levels of responsibility.
Should the worker later be deemed an employee rather than an independent contractor or an employee at will, the employer can be held liable for back employment taxes and a monetary sum equal to the value of the benefits the worker would have received had they been a full-time employee.
