Employment Contracts

Knowledgeable Bergen County Employment Lawyers Meticulously Reviewing Employment Agreements to Help New Jersey Workers Understand and Enforce Their Rights

An employment contract is an agreement between you and your employer that describes some of your rights and obligations as an employee. It can be a formal written document, an informal offer letter, or even a verbal agreement. In fact, sometimes, a company’s employee handbook or other personnel policy can be enforceable contracts.

Employment contracts typically discuss your salary and benefits and outline the basis for any commissions or bonuses you might be eligible to earn. Sometimes, they also guarantee your job for a period of time or limit the reasons why you can be fired.

Many employment contracts contain non-compete agreements or other restrictive covenants that limit your right to work for a competitor after you leave your job. Likewise, arbitration provisions that require you to give up your right to sue in court are included in many employment agreements.

Some employment contracts include a severance provision that requires your employer to pay you money after you stop working for the company, provided certain circumstances are met. For example, it is not uncommon for an employment contract to guarantee severance pay for an employee whose job was eliminated as part of a mass layoff or a reduction in force.

Are Unwritten Employment Contracts Enforceable in New Jersey?

Yes, a verbal employment contract is enforceable in New Jersey. For example, if your employer promises you a certain salary and benefits, and you work based on those assurances, the company is required to pay you based on the verbal agreement. However, it is a good idea to put your employment agreement in writing in case there is a dispute down the road.

If a company refuses to pay you based on your agreed-upon salary, it is considered a breach of contract—even if there is not a written document. However, you will need to establish the existence of a verbal contract, which can be done through your own testimony. Of course, an employer may deny the existence of a contract. Luckily, the New Jersey employment contract attorneys at Rabner Baumgart Ben-Asher & Nirenberg, P.C. have a vast understanding of this area of the law and are prepared to help you enforce your employment rights.

Are Employment Contracts for a Specific Period of Time Valid?

If you have a guaranteed term contract, which is a contract in which an employer guarantees to retain you as an employer for a specific period of time, it may be a breach if your employer fires you before the term is over. For example, if you have a one-year employment agreement, but you are fired after only three months, then you may be entitled to be paid for the nine months remaining on your contract.

In this situation, it is possible you also could have a claim that your termination was in violation of a clause that limits the reasons why you can be fired. For example, one of the most common terms states that an employee can only be for “cause.”

Non-Compete Clauses, Non-Solicitation Clauses, and Other Restrictive Covenants

Many employment contracts include restrictive covenants, such as non-compete, non-solicitation, non-disclosure, trade secret and arbitration clauses. Broadly speaking, a restrictive covenant is a contractual provision that limits an employee’s actions during or after their employment to protect their employer’s interests.

Restrictive covenants can be difficult to understand, and they also can cause problems when you are ready to move to another job. If an employment contract contains a restrictive covenant, you might be able to negotiate better terms or even remove problematic provisions. And,if the employer is unwilling to remove the restrictive covenant, you might consider rejecting the offer if honoring the term is going to make it too difficult for you to find another job.

If you already have signed an agreement with a restrictive covenant or another problematic term, you still have rights. Not all restrictive covenants are valid or enforceable, so it is important to contact a New Jersey employment contract lawyer to make sure you understand your rights and obligations and to discuss your options.

Should You Have a Lawyer Review Your Employment Contract?

Absolutely. Accepting a position of employment is a big decision—one that will impact your life for years if not decades. So, it is critical to ensure you have a firm understanding of what the agreement says and how it impacts your rights. Generally, before you accept a new job it is a good idea to have an experienced attorney review and help you negotiate your employment contract. It also can be very important to discuss your existing employment agreement with a lawyer before you leave your current position.

The Bergen County employment contact lawyers at Rabner Baumgart Ben-Asher & Nirenberg have extensive experience reviewing, interpreting, and explaining employment contracts in terms that make sense.

Enforcing Your Employment Agreement

If your employer has breached your employment agreement, such as by failing to pay you the salary, benefits, commissions or bonus that you earned, then you have legal rights. Our employment lawyers are dedicated to enforcing employee rights, including rights pursuant to employment contracts.

Speak with the Experienced Team of Employment Lawyers at Rabner Baumgart Ben-Asher & Nirenberg

If you have questions about a proposed employment agreement, concerns about an existing one, or believe your employer violated your contractual rights, then we can help. Do not take any chances with your future and reach out to the dedicated Bergen County employment contract lawyers at Rabner Baumgart Ben-Asher & Nirenberg. We are available to review your employment contract, explain it to you in understandable terms, and outline how the agreement might impact your future plans. To learn more and to schedule a confidential consultation today, reach out to Rabner Baumgart Ben-Asher & Nirenberg by calling 201-777-2250. You also can also connect with us through our secure online contact form.