Breach of Contract
An employment contract can take one of two forms. The first is what we more typically think of as a contract – a written document, negotiated and then signed by the employer and the employee, promising employment for a specific period of time, and setting out the pay, benefits, etc., over the life of the contract. The second is a very different kind of contract, referred to as an “implied contract” because it is based on promises that are implied by the provisions of an employee handbook and not on any negotiated agreement.
As to the written employment contract, the problem is that there are employers who don’t honor the agreements they negotiate. Over the years, we have handled numerous cases against employers who have signed contracts promising employees a certain salary, bonus, or severance pay, only to then turn around and break the promises they have made. While these cases may not be easy, the issue is always clear: was the contract broken or not.
On the other hand, cases alleging a breach of implied contract require a very different analysis. An employee handbook can give rise to an implied contract only if the promises made in the handbook are very specific and definite. Even then, the employer can prevent the creation of an implied contract if it has placed a “clear and prominent disclaimer” at the front of the handbook.
Breach of contract cases can raise complex issues of law. Attorneys Richard Schall and Patricia Barasch, who have more than 40 years combined experience representing employees, enjoy the challenge of tackling the most difficult legal issues, taking on the biggest corporations in New Jersey, along with their law firms, and protecting the contractual rights of our clients.
If you believe you have an employment contract that has been broken, please contact our firm by clicking on the contact link accessible on every page of our website, and completing our on-line Questionnaire. We will get back to you within 24-to-48 hours of receiving your questionnaire.
* In every year since 2014, the law firm of Schall & Barasch has been included in the Tier 1 list of best law firms in New Jersey practicing in the field of employment law on behalf of individuals. This list is compiled by U.S. News & World Report. A description of the selection methodology can be found at www.bestlawfirms.usnews.com/methodology.aspx.
** The methodology for the Avvo ratings of Richard Schall and Patricia Barasch can be found at www.avvo.com/support/avvo_rating.
*** In every year since 2009, Richard Schall has been chosen to be included on the list of Best Lawyers in New Jersey practicing in the field of labor and employment law. The Best Lawyers list is issued by Best Lawyers International. A description of the selection methodology can be found at www.bestlawyers.com/about/MethodologyBasic.aspx.
**** In every year since 2005, both Patricia Barasch and Richard Schall have been chosen to be included on the list of Super Lawyers in New Jersey practicing in the field of employment law on behalf of plaintiffs. The Super Lawyers list is issued by Thomson Reuters. A description of the selection methodology can be found at www.superlawyers.com/about/selection_process.html.
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