New Jersey Breach of Contract Lawyer

What Is Considered a Breach of Contract in New Jersey?

When an employer makes certain promises in an employment agreement and then breaks its promises, you, as an employee, may well have a legal claim against your employer. Your rights to bring such a claim differ depending on the type of contract that has been entered into, with employment contracts generally taking one of two forms.

The first is what we more typically think of as a formal 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?

Breach of Implied Contract

An employee handbook may give rise to an implied contract 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. In such disclaimers, the employer will state something to this effect: “No matter what we state in this handbook, we are free to change its terms at any time, and nothing in this handbook should be considered a binding promise or a contract.”

If it seems ridiculous to you that, by placing such disclaimers in their handbooks, employers can escape from the provisions of their handbooks, we agree. Nonetheless, that is the current law in the State of New Jersey.

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Reach Out to Our New Jersey Attorney Today

Breach of contract cases can raise complex issues of law. If you believe you have an employment contract that has been broken, please contact our firm by filling out our online form. We will do our best to get back to you within 24 hours of receiving your questionnaire.