Employment Law Without A Contract In Illinois
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FAQ
Legally you, cannot be employed without a signed contract. However, that obligation falls on the employer, not the employee. So, if anyone gets into grief over it, it would be your employer.
Once the applicant has accepted the job, there is a legally binding contract of employment between the employer and the applicant. The law does not require witnesses or a signature to make it valid.
Well the answer should be simple and that is that if the applicant was presented with a contract prior to commencement of employment and refused to sign the agreement, then no agreement was reached and the applicant will not work for the employer and cannot be considered to be an employee of the employer.
Once a valid contract is formed, it is legally binding upon both parties and can be enforced in court. Our employment lawyers in Chicago are equipped to handle your case with care.
In some cases, yes--especially if you're not working under a contract. Without a formal contract, you're considered to be employed at will, which means that both you and your employer have the right to terminate the employment relationship at any time.
If you did not sign a contract in most cases you would be an at will employee and can be terminated for any reason, however if the employer had a policy regarding what constitutes termination, and requires just cause for termination you would be protected.
In most situations, an unsigned contract will result in a non-deal, and the document will not legally bind the parties. However, there are certain situations where a court may hold that the wording has legal effect.
Given that you haven't received a formal contract stating a notice period, it might be possible to leave without giving notice. However, it's always best to check local labor laws and possibly consult with a legal professional to ensure you're covered. Document everything and communicate your intentions clearly to HR.
