# Employment Contract Attorney San Bernardino for Workers > These days, implied and oral contracts are generally not valid legal theories against employers. If there is any language in an employee manual, or personnel Source: https://employmentattorneysanbernardino.com/employment-contracts-attorney/ Firm: Employment Lawyers Group — employee-side employment lawyers since 1993. Serving San Bernardino County, California. Phone: (909) 663-2100 (calling is the fastest way to reach the legal team) Office: 337 N Vineyard Ave, #400, Ontario, CA 91764 Contact form: https://employmentattorneysanbernardino.com/contact/ Consultations are free and confidential; cases are taken on contingency. --- ## **San Bernardino County Employment Attorney for Implied Contracts** These days, implied and oral contracts are generally not valid legal theories against employers. If there is any language in an employee manual, or personnel document the employee signed, stating the employee is at-will or there is not a contract of employment there will almost certainly not be an implied or oral contract. Even if you worked for a small employer without any written policies, you will have to affirmatively show that something happened worthy of the court implying a contract. Implied contracts can exist if the employee is a very long term employee, or promises of longevity such as retirement are made. Promises creating an implied contract may also include employees who are promised large sums of money or longevity if they institute a new process, set up a new location, or do something quite large for a company. However, any written language about the employer being at-will most likely will defeat an implied contract. Moreover, in the case of commissions, any written commission agreement is likely to defeat an implied or oral contract for commissions. **Call (909) 663-2100 to talk to a San Bernardino Employment Lawyer. With No Contract, You Might Still Deserve To Be Paid.** **What is your employer did not give you a contract, but you worked for them and were not paid?** The absence of a contract does not preclude recovery under quantum meruit because quantum meruit does not require the existence of a contract, Maglica v. Maglica, 66 Cal.App.4th 442, 449, 78 Cal.Rptr.2d 101, 104 (1998); Huskinson v. Wolf, 32 Cal.4th 458, 9 Cal.Rptr.3d 696 (2004). Actions lie in common counts even when the services were rendered under an unenforceable contract, Parker v. Solomon, 171 Cal.App.2d 125 (1959); Iverson v. Berwald, 76 Cal.App.4th 990, 996, 90 Cal.Rptr.2d 665, 669 (1999). The recovery for quantum meruit is the reasonable value of the services rendered, Maglica at 448, 104. citing to numerous cases. "The underlying idea behind quantum meruit is the law's underlying distaste for unjust enrichment, Id. "Contract price and reasonably value of services rendered are two separate things; sometimes the reasonable value of services exceeds a contract price," Id. at 450, 105 "Resulting benefit is an open-ended standard, which, as we have mentioned earlier, can result in the plaintiff obtaining recovery amounting to de factor ownership in a business all out of reasonable relation to the value of services rendered, Id. at 450, 105. A person who has been unjustly enriched at the expense of another is required to make restitution to the other, California Federal Bank v. Matreyek, 8 Cal.App.4th 125 (1992). The law independently imposes restitution and compensation regardless of express contract, Lucky Auto Supply v. Turner, 244 Cal.App.2d 872 (1966). Unjust enrichment is a remedy available for benefits one unjustly obtains including through fraud, Nibbi Brothers, Inc. v. Brannan Street Investors, 205 Cal.App.3d 1415 (1988). One form of common count is a common count for work or labor done, Philpott v. Sup. Crt., 1 Cal.2d 512, 518 (1934), and that form of common count is known as quantum meruit. Another form of common count is for fraud and when a common count is based upon fraud, the fraud does not need to be alleged with specificity, J. C. Peacock v. Hasko, 196 Cal.App.2d 353, 361-362, 16 Cal.Rptr. 518 (1961). Because quantum meruit was recognized as an action at law in 1950, there is a right to jury trial, Jogani v. Sup. Crt., 165 Cal.App.4th 901, 907, 81 Cal.Rptr.3d 503 (2008). Quantum meruit does not depend on an implied contract, and is not a legal theory rooted in quasi-contract, Maglica at 456, 109. However, quantum meruit is also appropriate when a plaintiff, working under an express contract, performs additional work, at defendant's request that is not specific in the contract, Combs v. Glide, 112 Cal.App.2d 781, 786-787 (1952). Employment contracts today and its language on manuals can get messy. If you are in need of an employment contracts lawyer, contact us. We are your San Bernardino Employment Lawyers serving: Apple Valley, Chino, Chino Hills, Fontana, Hesperia, Highland, Montclair, Ontario, Ranchco Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Victorville. ### PRACTICE AREAS: - [Whistleblower](https://employmentattorneysanbernardino.com/san-bernardino-whistle-blower-lawyer/) - [Wrongful Termination](https://employmentattorneysanbernardino.com/wrongful-termination-lawyer/) - [Sexual Harassment](https://employmentattorneysanbernardino.com/sexual-harassment-lawyer/) - [Work Injury](https://employmentattorneysanbernardino.com/work-injury-lawyer/) Contact us today at **(909) 663-2100** ## Our Firm: No Upfront Fees or Costs ### Contingency Fee Representation All employment cases for employees are taken on a **contingency basis**. We are only paid a fee **when and if we win** your case, and we **advance all litigation costs**. Our goal is to make expert legal representation accessible to every hardworking employee. ### Serving San Bernardino County We have proudly served all of San Bernardino County since 1993. Ready to discuss your case? (909) 663-2100 Submit A Contact Form The Employment Lawyers Group has successfully handled 2,000+ Separate California Employment Cases ## Media Engagements ## Sample Case Results breach of commission contract $1,150,000 Unpaid commissions of two plaintiffs unpaid wages $875,000 For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call forced to work without pay standby pay case $800,000 Controlled stand by class action settlement Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case. ## Practice Areas [Discrimination Age, Disability, FMLA/CFRA, Gender, National Origin, Pregnancy, Race, and Sexual Orientation discrimination claims.](https://employmentattorneysanbernardino.com/age-discrimination-lawyer/) [Unpaid Wages & Overtime Recovering earnings for overtime, bonuses, commissions, meal & rest break violations, and prevailing wage claims.](https://employmentattorneysanbernardino.com/unpaid-wages-attorney-san-bernardino/) [Sexual Harassment Compassionate and effective representation for sexual harassment and hostile work environment claims.](https://employmentattorneysanbernardino.com/sexual-harassment/) [Wrongful Termination Representing employees terminated in violation of public policy, contracts, or California and federal law.](https://employmentattorneysanbernardino.com/wrongful-termination-lawyer-devore/) [Leaves & Retaliation Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.](https://employmentattorneysanbernardino.com/san-bernardino-family-leave-of-absence-attorney/) [Whistleblowers Advocating for employees who report fraud, waste, or abuse under California and federal whistleblower protection laws.](https://employmentattorneysanbernardino.com/san-bernardino-whistle-blower-lawyer/) ## Our California Locations ### Bakersfield [BakersfieldLaborAttorney.com](https://bakersfieldlaborattorney.com) 5401 Business Park S, #214, Bakersfield CA 93309 [(661) 412-9600](tel:6614129600) ### Los Angeles [EmployeeLawCA.com](https://employeelawca.com/) 611 Wilshire Blvd, #1023, Los Angeles CA 90017 [(323) 525-1600](tel:3235251600) ### Orange County [WorkLawyerOC.com](https://worklawyeroc.com) 2522 Chambers Rd, #100, Tustin CA 92780 [(714) 210-8000](tel:7142108000) ### Riverside [RiversideEmploymentLawyer.com](https://riversideemploymentlawyer.com) 9496 Magnolia Ave, #208, Riverside CA 92503 [(951) 367-1000](tel:9513671000) ### Sacramento [SacramentoLaborAttorney.com](https://sacramentolaborattorney.com) 777 Campus Commons Rd, #200, Sacramento CA 95825 [(916) 340-0000](tel:9163400000) ### San Bernardino [EmploymentAttorneySanBernardino.com](https://employmentattorneysanbernardino.com) 337 N. 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Market St, #300, San Jose CA 95113 [(877) 525-0700](tel:8775250700) ### Sherman Oaks [WorkLawyerCA.com](https://worklawyerca.com) 13418 Ventura Blvd, Sherman Oaks CA 91423 [(818) 783-7300](tel:8187837300) ### Torrance / South Bay [JobTerminationLaw.com](https://jobterminationlaw.com/) 3655 Torrance Blvd, 3rd Floor, Torrance CA 90503 [(310) 842-8600](tel:3108428600) ### Ventura / Oxnard [VenturaEmploymentLawyer.com](https://venturaemploymentlawyer.com) 4030 West Hemlock St, Oxnard CA 93035 [(805) 200-0100](tel:8052000100) ### Additional Sites [BostonLaborLaw.com](https://bostonlaborlaw.com) [DcLaborAttorney.com](https://dclaborattorney.com) [FresnoEmployeeLawyer.com](https://fresnoemployeelawyer.com) [JobLawyer.net](https://joblawyer.net) [MarylandLaborAttorney.com](https://marylandlaborattorney.com/) [ModemStud.com](https://modemstud.com) [VintageLosAngeles.org](https://vintagelosangeles.org) [WorkplaceLawyer.org](https://workplacelawyer.org) ## About Firm Founder, Karl Gerber Firm Founder, **Karl Gerber**, has been an employment and wrongful termination attorney since **1993**. He has represented a wide range of employees throughout California. Mr. Gerber has won **51 of the binding arbitrations and jury trials** he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation. The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been **extensively trained on employment and wrongful termination law by Karl Gerber**. [Meet Karl Gerber](https://employmentattorneysanbernardino.com/karl-gerber/) ## Ready to Discuss Your Case? Your rights as an employee matter. Submit a contact form and we'll get back to you. Submit A Contact Form [Call (909) 663-2100 Now](tel:9096632100)