Legal Question in Business Law in California

Re: Verbal Contract

Quite possibly, but we would need to know more background facts herein. For a free consultation, contact us directly.

Re: Verbal Contract

An oral contract regarding terms of employment is generally enforceable -- it does not need to be in writing -- but there is a two-year statute of limitations (see Code of Civil Procedure section 339) for bringing suit for breach of an oral contract, so portions of your claim for pay periods more than two years ago may be, or become, unenforceable. It's based on the date of the breach, not the date of the contract.

A plaintiff in a breach of contract suit bears the burden of proof, and it might be difficult to convince a judge or jury of the existence or terms of the oral contract, so be thinking about how you would prove your claims. Credible witnesses may be the key, or perhaps business records showing honoring of the agreement for a while might be helpful.

The now-departed undividual who made the contract with you can always be subpoenaed to testify or give a deposition under oath.

Also, be aware that some contracts whereby employees are, in effect, bribed to drop union affiliations may be illegal and void or voidable as contrary to labor law or public policy. This is more likely to be a problem for management than for you, because the laws and policies are intended to benefit the worker. But it could be an issue.