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A New Jersey employment contract is a legally binding contract between an employer and an employee that lays out the specific rights and obligations of both parties. Employment contracts can be used when hiring permanent employees, temporary employees, contractors, and subcontractors.
Some issues commonly addressed in a New Jersey employment contract include:
The purpose of an employment contract is to protect the rights of both the employee and the company for which they work. In an “at will” employment state like New Jersey, without an employment contract, employees can be terminated for any reason without notice.
Similarly, without an employment contract that includes non-compete clauses and non-disclosure clauses, an employer could risk at an employee sharing trade secrets or working for a competing company.
New Jersey views employment contracts as legally binding documents and therefore enforceable under New Jersey labor laws. Once agreed upon and signed, a New Jersey court will hold both parties to the terms of the contract.
Employment contracts must adhere to New Jersey contract laws. There needs to be an offer, acceptance, and consideration. The contract must be signed by legally competent adults and cannot include provisions that violate the law or public policy. For example, an employment contract cannot require an employee to agree to work for below New Jersey minimum wage.
Restrictive covenants like non-compete agreements will be enforced in New Jersey but must adhere to the following requirements:
Courts will review non-compete agreements to determine whether the agreement is reasonable and decide if the restrictions meet the balance of protecting employers while allowing employees to earn a living.
Employment contracts can come in many forms so the legal requirements for this document are relatively lenient. New Jersey recognizes formal written contracts, offer letters, and even verbal agreements as valid employment contracts.
Employment contracts come in many forms based on the type of work the company does or the type of employee being hired to complete the job. The three most common types of employment contracts used in New Jersey include:
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Agnes Mombrun Geter is the Founder and Managing Attorney of Mombrun Law, PLLC. She is an experienced attorney and is a member of the Florida Bar, New Jersey Bar, and the Pennsylvania Bar. The firm's practice focuses on Estate Planning, Business Law, and Debt Settlement including IRS Debt Relief. The firm's goal is to simplify the law and provide clients with the confidence and information necessary to make their decisions. The firm also provides project-based legal services to other attorneys and law firms, along with assisting as personal counsel and local counsel on legal matters.
I am a 1984 graduate of the Benjamin N Cardozo School of Law (Yeshiva University) and have been licensed in New Jersey for over 35 years. I have extensive experience in negotiating real estate, business contracts, and loan agreements. Depending on your needs I can work remotely or face-to-face. I offer prompt and courteous service and can tailor a contract and process to meet your needs.
John Benemerito is the Founder and Managing Partner of Benemerito Attorneys at Law. Admitted to practice in New York and New Jersey, John represents small business owners and startups in the areas of Business and Securities Law. John received his Bachelors Degree at John Jay College of Criminal Justice where he majored in Criminal Justice. Afterwards, he attended New York Law School where he focused his studies on Corporate and Securities Law. John comes from a family of entrepreneurs. From as far back as he can remember he was always involved in his family’s numerous businesses. At the age of fifteen, John entered into a new business venture with his father and managed to grow and maintain that business through high school, college and law school.John is currently a co founder in over five different businesses. After law school, John decided that he wanted to help people like himself. He opened his own law practice and began working primarily with small business owners until he was introduced into the startup world. Ever since that time, John has worked with hundreds of startups and thousands of entrepreneurs from all different backgrounds in helping them achieve their goals. Having been an entrepreneur his entire life, John understands what it takes to create and maintain a successful business. He enjoys sitting down and working with his clients in figuring out each of their unique challenges.
