Employment Contracts

An attorney can make a critical difference in the negotiation and drafting of the terms and language of the agreement. An attorney can review your employment contract and assure you that the language fully, accurately and clearly sets forth the essential terms of your arrangement with the employer. We will work with you to negotiate your contract in the most efficient and non-complicated manner possible. Often we have been able to assist a client in a successful negotiation without the employer knowing the client was represented by counsel.

Employment contracts usually contain specific terms and conditions of the employment relationship, such as duration, pay and responsibilities. For example, an employment agreement may contain promises or terms with regards to a fixed term of employment, defined definitions for what is necessary to terminate employee for “good cause”, the minimum notice for termination, and/or minimum severance pay.

Additionally, to retain valued employees and reduce competition, employers are increasingly imposing restrictive covenants, such as non-competition, non-solicitation, and non-disclosure clauses, on employees who have access to confidential, proprietary or insider information.

Oral promises are also considered binding contracts under certain circumstances. Certain terms of employment may also be implied by an employer’s conduct, policies and practices. In some cases, in the interest of justice, courts may enforce promises if you reasonably act and detrimentally rely on assurances or promises made by your employer, and what your employer knows to be false.

Whether promises, assurances, terms and clauses of any form of employment agreement are legally enforceable depends on the facts and circumstances of the particular case. Therefore, do not automatically assume that you have no enforceable agreement with your employer because it is not in writing. If your employer breaks a term in a legally enforceable agreement, you may be entitled to compensation for economic damages you sustained as a result of that breach.

If you encounter any issues pertaining to an employment contract, or if you need an attorney to review your contract, contact us at (212) 425.4250 or online. We would be pleased to meet and discuss your interests and concerns with you, at which time we will determine whether we believe we can help you and you may decide whether you wish to invite us to do so.