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    New York is an at-will employment state meaning that an employer has the right to terminate an employee for any reason at all, at any time, so long as it is not rooted in a discriminatory reason. However, an employment contract can allow you to set the terms of your employment and termination if necessary. The New York employment contract attorneys of Brown Kwon & Lam explain.

    New York Employment Contracts: What They Include

    Though New York is an at-will employment state, that does not mean you do not have any protections. In fact, your offer letter and employment contract will actually be beneficial to both you and your employer. It helps prepare a protocol for any future changes and/or challenges that may occur.

    Within your New York employment contract, you will want to make sure that not only it is a tangible document, but that it includes specific terms and conditions of employment. The terms and conditions ensure that your employers cannot infringe on your rights without consequences.

    Within a New York employment contract, you will want to ensure that it includes the following elements clearly:

    If you are in a union, you will also need a collective bargaining agreement (CBA). A CBA does much of the same as a traditional employment contract but offers additional protections under the union.

    What documents qualify as an employment contract?

    While having a tangible contract is always the best option, there are other documents and methods of communication that constitute a legally binding employment contract.

    If a conversation, email, text message, etc. contains relevant language and benefits, it can become a legally binding contract in the court’s eyes. This includes what starts as in-person exchanges and continues to email where you list your needs, your employer’s counteroffers, etc.

    So long as the four elements of an employment contract exist the email/communication can be a legally binding contract. These four elements are offer, acceptance, consideration, and intention.

    What happens if my employer does not follow the terms of my New York employment contract?

    The terms and conditions of your New York employment contract have to clearly list the application of termination, benefits, etc. Any fight against your employer and their wrongdoings would be based on these terms and conditions.

    However, sometimes the wording of an employment contract can make it difficult to clearly outline the intent of the terms. But when your employer disobeys the terms and conditions of the employment contract, you can take legal action.

    In order to protect yourself, ask questions when it comes to the negotiation of the contract:

    These questions may not seem important at first, but they can save you from legal battles in the future.

    Employment Contract Violations

    Properly knowing your rights is also knowing the common signs of contract violations. If you don’t, you leave yourself vulnerable to abuse from your employer.

    Whenever an employer violates an employment contract resulting in an employee suffering serious financial harm, a breach of contract may have occurred. Examples of breach of contract include:

    Should a breach of contract occur, know that you have rights.

    Negotiating New York Employment Contracts

    While you may be concerned about your employment contract, you also should understand the negotiable terms and conditions included. Whether you are a high-level CEO or in an entry-level position, there is nothing wrong with knowing your worth. You have every right to fight for just compensation and benefits.

    Common terms to be negotiated include:

    If you have concerns about your employment contract, you can have it reviewed by a lawyer prior to agreeing.

    New York Employment Contracts: Brown Kwon & Lam

    Starting a new job can be exciting and stressful at the same time. To avoid complications in the future, let the New York employment contract attorneys at Brown Kwon & Lam review the terms and conditions of your hiring and potential termination to protect you now and in the future. Contact us today for a free consultation.

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