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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12942
Experience:  Significant experience in all areas of employment law.
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I have recently taken a full time employee position with a

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I have recently taken a full time employee position with a company. I have been getting paid, car allowance etc...I have filled out all the employee forms and the deductions seem correct, taxes, medicare,unemployment.......however, I do not have a formal contract yet. I have one hand written and signed by the CEO (during lunch) also, an email stating the same. It's a new company and we are all working hard to get rolling but is it a problem not having an official employment contract?? Thank you, Chris

Thank you for entrusting me to answer your question and for being a repeat Just Answer customer.

To answer your question, having a formal written contract is not a requirement and employment arrangements very often involve no written agreement at all. The hand written agreement that you presently have would be given full force and effect by the Department of Labor or in court, should a dispute arise.

A formal employment agreement will perhaps memorialize in more detail the terms of your employment, but it will not set those terms in stone unless the contract specifcially promises that those terms will not change for a fixed period of time. Otherwise, pursuant to the doctrine of at will employment codified at Labor Code 2922, an employer is free to change the terms of employment, including rate of pay and benefits, at any time and for any reason, provided notice to the employee is first given.

I bring this to your attention to illustrate that a written contract rarely provides any sort of additional job security, it simply serves to better define the employee's terms of employment should a dispute regarding fulfillment of those terms arise.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
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