Figuring out whether you have unintentionally created an implied contract can be a tricky business, but past court decisions do provide some guidance. Courts have found that an implied contract was formed in the following circumstances:
•In trying to convince a prospective employee to take a job, an employer promises the employee that he will only be fired if he doesn't do his job well.
•An employee manual states that once employees have completed an initial 90-day probation period, they become "permanent" employees.
•During an evaluation, a supervisor gives an employee a glowing review and says that he will have a long future at the company as long as his good performance continues.
Don't let the specter of implied contracts worry you too much, however. If you feel certain that you have never promised the employee job security, then chances are good that the employee does not have an implied contract.