What is the difference between a written employment contract and an oral employment contract?

California, United States of America


The following excerpt is from Frazee v. Niles, B258334 (Cal. App. 2016):

Apart from being time-barred, the 2008 oral employment contract was superseded by an integrated 2008 written employment contract. There cannot be a verbal contract and an express written contract embracing the same subject, but requiring different results. (Starzynski v. Capital Public Radio, Inc. (2001) 88 Cal.App.4th 33, 37-38.)

b. Alleged Fraud in the July 2008 Written Employment Contract

Frazee claims that he was defrauded because the July 2008 agreement "did not contain the full panoply of terms agreed to by [AMG's] CEO in the April 2008 Oral Agreement." The law "presumes that everyone who signs a contract has read it thoroughly," and its terms cannot be avoided with a claim that a signatory failed to read it; it is also presumed that the parties understood the agreement, particularly when they are sophisticated. (Roldan v. Callahan & Blaine (2013) 219 Cal.App.4th 87, 93.)4

Other Questions


What is the difference between a written contract and an oral contract? (California, United States of America)
What are the obligations of defendant in a contract of employment where the employer is required to dispose of his business prior to the expiration of the contract? (California, United States of America)
Can a defendant receive a separate sentence for unlawful acts committed at different times for different amounts of money against different victims? (California, United States of America)
What is the test for enforceability of a written contract where the contract states that the parties intended to enforce the terms? (California, United States of America)
Is there any case law supporting a contracting officer's determination that the contracting officer has the authority to grant a contract to an architect? (California, United States of America)
If an employer has a written policy that specifically prohibits retaliation against employees who testify at unemployment hearings, can the employer avoid punitive damages? (California, United States of America)
Is an employer entitled to a written notice of intent to terminate an employee's employment? (California, United States of America)
What is the difference between the written and oral versions of jury instructions in a jury trial and the written version of the instructions given to the jury? (California, United States of America)
What is the test for a claim that a regulation does not give notice to an employer when the employer is an "employer"? (California, United States of America)
Can an employer be held liable for breach of contract if an employee discovers that the employee has agreed to work for them at a lower wage than the prevailing wage? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.