Legal Question in Business Law in California

I have had an 8 year business relationship with a former employer. I have produced work for him in exchange for a promise of employment and insurance coverage should I ever need it. He referred to our agreement as "Deferred compensation." I have hundreds of emails of our exchanges. He hired me for a job on July 10, 2008, but not at my request. He said he needed me. The company was dissolved and I was laid off January 2010. He was also laid off, but in 2011. I continued doing work for him, including helping him secure his current position. I produced presentations, spreadsheets, numerous iterarions of his resume, cover letters, business letters and even took a personality profile test for him for a job he applied for. I served as his secretary, computer contractor and professional career counselor. He repeatedly told me to call him if I needed a job and he would hire me immediately. December 2013, he asked me for my address so he could send me a Holiday gift, which never came. Outside of one more work request I haven't heard from him. He won't return my calls. I need a job and he won't respond to me. Can I sue for breach of contract?


Asked on 8/20/14, 9:14 am

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

California uses the "at will" doctrine. That means employment is at will between the employer and employee, and the employee may leave at any time or be terminated at any time. Wrongful termination cases are limited to matters of discrimination based on certain prohibited groupings. Absent an express contract, there is no contract to sue for breach just because someone won't give you a job.

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Answered on 8/20/14, 10:21 am
Terry A. Nelson Nelson & Lawless

No.

In addition to statute of limitations issues even if you had an actual contract promise, you have no 'contract' to sue on. An off the cuff promise of 'maybe' employment some day in the future is not an enforceable specific agreement, but rather a 'puffery' statement no different than 'don't call us, we'll call you'.

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Answered on 8/20/14, 11:43 am


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