Breach of Contract
An employment contract can take one of two forms. The first is what we more typically think of as a 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.
On the other hand, cases alleging a breach of implied contract require a very different analysis. An employee handbook can give rise to an implied contract only 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.
Breach of contract cases can raise complex issues of law. Attorneys Richard Schall and Patricia Barasch, who have nearly 40 years combined experience representing employees, enjoy the challenge of tackling the most difficult legal issues, taking on the biggest corporations in New Jersey, along with their law firms, and protecting the contractual rights of our clients.
If you believe you have an employment contract that has been broken, please contact our firm by completing the on-line Questionnaire accessible on every page of our website.
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Schall & Barasch LLC
Attorneys At Law
Moorestown Office Center
110 Marter Ave., Suite 302
Moorestown, NJ 08057
Tel. 856.914.9200
Fax 856.914.9420
This website is designed to provide general information only. It does not provide, nor is it intended to provide, legal advice of any kind. Instead, if you are in need of legal advice, you should consult with an attorney of your choosing who can review with you your individual situation.