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Labor & Employment

Employment Contract

Many people assume they have an employment contract because they signed something on their first day. Others assume they have none because nothing was labeled a contract. Both assumptions are often wrong.

Reviewed

01 GUIDE

Employment Contract: what usually happens

Do you have one at all

At-will employment is the norm for private jobs in New York, and a typical offer letter confirms that rather than creating job security. A true employment contract usually spells out a fixed term, or limits the reasons the employer may end the job, or both. Handbooks generally include language saying they are not contracts, and New York courts tend to give that language effect, so a handbook promise alone rarely limits a firing. Spoken promises can matter in some situations, but they are difficult to prove, and some kinds of agreements have to be in writing to be enforced. A collective bargaining agreement is a contract of a different kind, covering everyone in the unit.

Documents that act like contracts

Even in at-will employment, written terms about pay are usually binding. New York requires employers to give a written notice of pay rate and payday at hiring, and commissioned salespeople are entitled to a written commission agreement. Bonus plans, equity grants, and separate agreements on confidentiality or inventions often carry obligations on both sides. A restrictive covenant can bind you even where nothing else about the job does. Collect everything you signed or received, including electronic acknowledgments, since the agreement that matters is sometimes one that was clicked rather than signed.

When a dispute begins

The first job is to identify which document controls the specific issue, whether it concerns a payment, a termination, or a restriction after leaving. Then we look at whether the terms were changed later, whether you agreed to the change, and whether a later document replaced the earlier ones. Arbitration and choice of law clauses can decide where the dispute is heard and under which state's rules. For employers, the same review shows whether the documents in use actually say what management believes they say. Bring the offer letter, any agreements and amendments, pay notices, and the emails surrounding the issue.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

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06 OFFICES

Where we meet clients

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Attorney Advertising. This page is general information about employment contract and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.