Oral contracts do exist but may not be enforceable because they are not in writing. Additionally, because the employee has the burden of proving the existence and terms of the oral agreement, disputes over oral contracts will often come down to the employer’s word against the employee’s. In the absence of a written instrument evidencing the existence and terms of an agreement, the employee will lose for failing to meet their burden of proof. The statute of limitation for oral contracts are much less than written contracts.