A company may offer a new employee a contract that establishes a position, how the job will function, and what constitutes termination. New Jersey is an “at-will” employment state. This means that you can be fired at any time for any reason, with a few exceptions. An employment contract is a great way to protect yourself from those terms. Employment contracts can be written, implied, or oral. Written contracts are signed and agreed to by the employer and the employee. An implied contract is a written document that applies to all employees of a company. Usually, these have a code of conduct and detail what constitutes a cause for termination. An oral employment contract is just an agreement between two people in regards to a job. Though an oral contract is a legally-binding agreement, they are often too weak to hold up in court when there is a dispute. It is a great idea to have an attorney look over your employment contract before you sign it to protect your rights. In some cases, a breach of contract has made a valid claim for a wrongful termination lawsuit. If you are facing a breach of contract, you need an attorney to act quickly.
A breach of contract is when your employer violates the terms of your employment agreement. If you have signed a written agreement, you will have agreed to terms before the start of employment. If your employer acts adversely to those terms, they are in breach of contract. The same goes for oral contracts. Though the legal standard for establishing a breach of contract is much higher, if your employer acts against the terms of the oral agreement, they are technically in breach of contract. An implied employment contract can similarly become a breach case if your employer treats you adversely to the code of conduct or what is considered cause for termination.
There are certain terms within an employee manual which may bind a company and create an “implied contractual term.” For example, if an employer’s employee manual indicates that workers are entitled to certain benefits, rights, commission, bonuses, personal time off, company cars, and reimbursable business expenses, it is implied that you have those same rights.
Another example of a contract of employment is one entered into by unions. A union negotiates on behalf of its population to gain benefits and rights for the employees. Often, the contract is considered a “collective bargaining agreement” and outlines the terms and conditions of your employment and details certain grievance processes to be imposed if a condition of the contract is breached.
The Mark Law Firm, LLC has over 15 years of employment law experience related to employee contracts. Our firm has represented numerous clients through contract disputes and breach of contract claims. Our diligent attorneys are ready to review employment contracts and persistently litigate the issue when our clients are faced with breach of contract disputes. If you need our legal services, The Mark Law Firm, LLC is here to serve.