Employment Contract Lawyers
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New Jersey Employment Contracts Lawyers
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Whether you are beginning your employment with a new employer, or having your employment ended by an employer, you may very well need assistance in understanding and/or negotiating the terms of an employment contract.
If you are being offered an employment contract at the start of a new job, there are several areas of that contract that need to be carefully examined, including:
- Does the contract clearly spell out the terms of your compensation? This can be a particularly critical issue when your compensation is commission-based, either in part or entirely.
- Does the contract set out the terms under which your employer can terminate your employment? Even if the contract states that it is for a specific length of time (e.g., one year, two years, or three years), there are typically provisions in the contract that give the employer the right to earlier terminate the contract either “for cause” or “without cause.”
- Does the contract include restrictions on your future employment in the event your employment ends (either because your employer has terminated your employment or you decide to resign)? Many employment contracts include non-compete or non-solicitation provisions that can severely restrict your ability to accept new employment.
If your employment is being terminated, and you are being offered a severance package, there are a number of issues that must always be considered, including:
- If the severance agreement requires you to release your employer from any and all legal claims (almost every severance agreement will have such provisions), do you have claims for discrimination, harassment, or retaliation that you should pursue, either in negotiating a better severance package or in a lawsuit against your employer?
- Does the severance agreement include a non-compete provision that will restrict your ability to find new employment?
- Is the severance agreement providing you with adequate compensation given your position at the company, the salary you were earning, and the length of your employment?
If you are presented with an employment agreement at the start of your employment, or with a severance agreement at the end of your employment, we strongly encourage you to arrange for a consultation with the attorneys at Schall & Barasch.
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If you have questions or concerns regarding employment contracts in NJ, please fill out our on-line contact form today.
Can You Be Employed Without an Employment Contract?
Yes. However, employment contracts have notable pros and cons. Below, we outline these elements. Whether or not you like a certain employment contract will usually depend on the details of that particular contract.
Pros:
- Written contracts include clearly defined duties, benefits, and responsibilities. They also outline pay and leave very little room for speculation.
- Both the employer and employee receive certain protections.
- These contracts can also offer a degree of stability for the future.
Cons:
- In some cases, these contracts limit an employee’s flexibility. Especially if they require minimum time worked at a company, the employee can’t leave if they dislike the job.
- Consequences exist for a breach of contract, even if it was accidental.
- For any changes to be made, both sides must agree to the changes.
- They may contain non-compete provisions that can hurt your ability to find a new job.
What Happens if the Employer Violates an Employment Contract?
When this happens, your employment contracts lawyer steps in. This is what we call a “breach of contract” case. Basically, your employer failed to live up to one or more terms of their legally-binding contract with you. In many cases, employees suffer wrongful termination under their contract. When this happens, you deserve compensation for your damages. But what exactly can you seek in terms of damages?
The typical damages in a breach of contract case are:
- Expectation Damages: This includes compensation for what an employee expected to get out of a contract. One example is an expected end-of-the-year bonus. Maybe you expected a $6,000 bonus, but only received $2,000. Your employer owes you $4,000 in this case.
- Liquidated Damages: Some contracts outline a mandatory payment in the case of a breach of contract. These serve to compensate for a breach of contract that might be hard to monetarily calculate.
- Compensatory or Punitive Damages: While these damages are not available to you in a breach of contract case, they are available in cases of sexual harassment or employment discrimination.
- Attorney Fees: In a few cases, contracts outline that your employer must pay the cost of your attorney fees should they breach your contract. Alternatively, they may provide that you are liable for your employer’s attorneys’ fees if you breach the contract.
Do I Need an Employment Contracts Attorney?
Absolutely. Cases involving employment law and contractual agreements can become complicated fast. That’s why you need an employment contracts lawyer. At Schall & Barasch LLC, we focus on your case and engage in detailed research. After deeply analyzing the facts, we build your case and fight on your behalf. If you feel that your employer committed a wrongful breach of contract, or if you wish to review your employment contract, don’t hesitate to reach out to us.
Contact New Jersey Employment Contracts Attorneys Schall & Barasch LLC Today
If you have questions or concerns about your employment contract, please reach out to the employee rights advocates at Schall & Barasch as soon as possible.
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To request a consultation with one of our experienced employment contract attorneys, complete our online form.
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