NJ Employment Contract and Executive Agreement | At-Will Employment in Disguise?

By Thomas McKinney

A NJ Employment Contract and NJ Executive Agreement is an important tool when a  company recruits an employee who has been successful at building a competitor’s  business.

These companies lure these employees away with lucrative compensation and the promise of a secure employment contract rather than the usual “at will” employment where they can be fired at any time for no reason.   But most of the time these employment agreements are merely at will employment in disguise.  That’s because employment contracts and executive agreements usually contain a “breaker clause.”  That clause allows the company to  terminate the contract on 30 days’ written notice where it claims that the recruited employee’s performance is deficient.  The contracts usually also say that whether a performance deficiency exists rests within the company’s “sole discretion.”

The result?  A contract that offers no protection at all; it is employment at will in disguise.  This leaves employees who have been successful and comfortable in their jobs exposed to the huge risk of a new company and new boss with no protection once they have passed on their know-how to their new employer.  Fortunately, employees can  negotiate job security into these contracts but they must do so before they start the new job when the recruiting company is eager to hire them and the employee’s leverage is greatest.

To successfully negotiate your NJ Employment Contract or NJ Executive Agreement requires an experienced NJ Employment Lawyer.  Contact us today to discuss your employment contract or executive agreement.

About the Author
Tom McKinney is an experienced NJ Employment Lawyer in all major areas of labor and employment law, including discrimination, harassment, overtime violations, wage and hour claims, sexual harassment, wrongful discharge, Title VII, ADA, ADEA, FMLA, LAD, FLSA, and all other employment law claims. Tom is admitted to practice in the States of New Jersey and New York, United States District Court for the Eastern District of New York, Southern District of New York, District of New Jersey, and United States Court of Appeals for the Third Circuit. Prior to forming the firm, Tom practiced at Gibbons P.C. in Newark, NJ. If you have any questions regarding this article, contact Tom here today.