Employment Contract
Signed something? Make sure you understand what it means.
Having an Employment Contract Makes You a Rarity
New York is an “at-will” employment state. Which means most employers can fire employees, and most employees can quit, at any time, for almost any reason. That also means formal employment contracts are relatively uncommon. If you have one, it’s worth paying attention to.
Employment contracts are most common among high-earning professionals, executives, and specialists whose employers want to lock in their services and protect proprietary interests. But they also appear in unexpected places, and they can come into play in ways that lead to real legal disputes
When an Employment Contract Becomes a Legal Issue
A contract creates rights and obligations on both sides. When those obligations are broken, whether by the employee or the employer, there are consequences. Employment contract disputes typically arise around:
- Non-compete and non-solicitation clauses, and whether they’re enforceable;
- Compensation promises that weren’t honored;
- Wrongful termination claims under a contract that required “cause”;
- Severance terms and buyout provisions;
- Trade secret and confidentiality obligations.
We Read the Fine Print
Most people sign employment agreements without fully understanding what they’ve agreed to. Sometimes that matters very little. Sometimes it matters enormously, especially when something goes wrong. We review employment contracts, explain your rights, and help you navigate disputes before they become expensive.
Whether you’re being asked to sign something new, or you think your employer has already violated an agreement, we can help you figure out where you stand.
Think this applies to you? Don’t try to figure it out alone, that’s what we’re here for. Call Stillman Legal P.C. for a free consultation. We don’t get paid unless you do.
Employment Contract Misclassification
Employee misclassification happens when employers wrongly classify workers as independent contractors or exempt employees to avoid paying minimum wage, overtime, benefits, and employment taxes.
If your employer calls you an independent contractor but controls how, when, and where you work, you’re likely misclassified and entitled to employee protections. If you’re salaried and told you’re “exempt” from overtime but you don’t meet the strict legal requirements, you may be owed years of unpaid overtime.
We analyze how you’re actually paid and treated at work versus how you should be classified under the law. Then we pursue recovery of stolen tips, unpaid minimum wages and overtime, liquidated damages, and penalties. Your employer doesn’t get to rewrite the rules to cheat you out of proper pay and protections.
Whether it’s pocketing your tips or calling you exempt when you’re not, misclassification and tip theft are forms of wage theft, and we fight back. Call us to discover how we can help you.
Confidential. Multilingual available. No fee unless we win your case.
FAQ
Frequently Asked Questions
How can an employment contract lawyer negotiate better terms on my behalf?
When an employer hands you an agreement, they wrote it to protect them, not you. I look at what's missing or hidden in the fine print. I negotiate:
- Severance Packages: Ensuring a guaranteed payout if they terminate you without cause.
- Restrictive Covenants: Narrowing the scope of non-compete and non-solicitation clauses so your future career isn't paralyzed.
- Clawback Provisions: Protecting your sign-on bonuses or relocation payouts from being snatched back unreasonably.
- Definition of "Cause": Tightening the language so they can't fire you on a whim and claim you breached performance rules.
What is a breach of employment contract and why do I need a lawyer?
A breach occurs when either you or your employer fails to fulfill a legally binding obligation stated in your contract (e.g., failing to pay earned commissions, altering your role without consent, or terminating you without giving the required contractually mandated notice).
You need a lawyer because corporate contracts are intentionally dense. We identify whether a breach is "material," handle complex rules regarding contract ambiguity, and prevent you from accidentally waiving your rights while pursuing damages.
How can a workplace contract dispute lawyer help with employment disagreements?
We act as your strategic buffer and legal muscle. We evaluate the disputed contract under state law, issue formal demand letters that show your employer you mean business, and handle negotiations. If a resolution can't be reached amicably, we file a breach-of-contract lawsuit to recover your financial damages.
When should I hire a lawyer for a workplace contract dispute?
The minute there is a deviation from what was agreed upon, or before you sign an exit/severance agreement. Do not wait until you are terminated or until you've signed away your rights in a desperate bid to smooth things over.
What details are included in an employment contract?
The agreement explicitly outlines the terms of your employment, including your salary, your benefits, the exact length of time you will be employed, and the conditions under which you can be fired.
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Dealing with a similar problem? Think you might have a case? Send us a message now! Fill out the form here and our team will get in touch to evaluate your situation and guide you on the next steps.
Don’t put your rights on hold, we’re here to help.
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