Breach of Contract

Many employees sign contracts as a result of their employment. While many employees are “at-will” employees who can be terminated at any time for any or no non-discriminatory or non-retaliatory reason, there are many employees who have contractual rights. These contractual rights may include a promise to employ for a particular term, a promise to pay compensation, bonuses, commissions, travel expenses, stock options, and other benefits. When an employer fails to comply with a contractual promise, the employee may have the right to bring an action for breach of contract. New Jersey employment contracts do not always need to be in writing in order to be enforceable. Some oral promises, coupled with an employee’s detrimental reliance may be enforceable as a breach of oral agreement or a promissory estoppel.

Other employees find themselves at the wrong end of contract claim. Employers sometimes require employees to sign oppressive contract provisions, such as non-compete clauses, restrictive covenants, mandatory arbitration agreements, non-disclosure agreements, and non-solicitation agreements. All of these agreements can be enforceable under certain circumstances. Similarly, severance agreements and releases that an employer asks an employee to sign may unwittingly waive important legal rights.  If your employer is trying to enforce a non-compete against you, there are avenues of opportunity to pressure the employer to reduce the scope of restriction or release the non-compete.

Before you sign an agreement that contains a non-compete clauses, restrictive covenants, mandatory arbitration agreements, we strongly recommend that you consult with an attorney to understand your rights.  We can also assist you in negotiating unfavorable terms.

We can review all of these types of agreements with you and help you understand your rights and responsibilities under these agreements. Please call or e-mail now for a free initial telephone consultation if you’re experiencing a breach of employment contract in NJ. We will help you understand the problems you may be facing and help strategize a solution for you.