What is a New York Employment Contract?
A New York employment contract is a legally binding agreement that an employer and new employee use to define the roles and obligations of each party in the employment relationship. Employment contracts can be used when hiring temporary employees and contractors but are most often used for highly paid permanent employees.
It is common to include the following negotiated issues in a New York employment contract:
- Job title and duties
- Employment start date
- Compensation
- Benefits
- Working hours
- Vacation and time off
- Procedures for discipline and grievances
- Reasons for termination
- Non-compete and other restrictive clauses
The primary purpose of an employment contract is to protect the rights of the employer and the employee. New York is an “employment at will” state. This means without an employment contract employees can be terminated for any legal reason or no reason at all without notice. An employment contract will lay out specific reasons for termination that an employer must abide by which protects an employee’s job.
The restrictive covenants protect employers by prohibiting the employee from taking actions that could damage the company. Common restrictive covenants include non-compete agreements, non-disclosure agreements, and non-solicitation agreements.
Are Employment Contracts Enforceable in New York?
Employment contracts are only enforceable in New York if they are in writing and signed by both parties. The only exception to this rule is if the duration of employment is less than one year long. Contracts that can be completed in less than one year are not subject to the Statute of Frauds and therefore can be enforced without a written agreement.
For example, if a company verbally offers an employee a position for five years and the employee accepts, the agreement will not be enforced unless it is writing. If the employee begins working for this company, they will be considered an “at will” employee who can be fired at any time for any reason.
What Are the Legal Requirements for New York Employment Contracts?
New York requires employment contracts to be in writing and signed by both parties. To be legally binding, there must be an offer, acceptance, consideration, the intent to be bound, and mutual assent. Contracts that will be used for employment not exceeding one year can be oral contracts, but it is highly suggested that even short-term employment contracts be written and signed.
Non-compete agreements are also enforceable in New York but must meet a separate set of legal requirements. These requirements are:
- The agreement must be necessary to protect the employer’s legitimate business interests
- It cannot impose undue hardship on the employee
- The contract cannot harm the public
- It must be reasonable in duration and geographic boundaries
More information about New York employment and labor laws can be found in Chapter 31 of the Consolidated Laws of New York.
Types of New York Employment Contracts
There are several types of New York employment contracts. The contract used will be based on the purpose of the contract, the type of work the company does, and the type of employee hired.
Commonly used employment contracts include:
- Permanent employment contract. This contract is used by a company to hire a permanent employee with regular hours and an hourly wage or salary.
- Fixed term employment contract. Used when hiring employees, like seasonal workers, who work for a specific time period.
- Contractor agreement. Used when a company hires an independent contractor who is not a company employee to complete a job.
- N on-compete agreement . Prohibits employees from starting a business or working for a company that is direct competition of the employer.
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Meet some of our New York Employment Contract Lawyers
Briana C.
Legal services cost too much, and are often of low quality. I have devoted my law practice to providing the best work at the most affordable price—in everything from defending small businesses against patent trolls to advising multinational corporations on regulatory compliance to steering couples through a divorce.
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November 23, 2020
Elizabeth C.
As an experienced contracts professional, I offer an affordable method to have your contracts reviewed! With my review of your contract, you can understand and reduce risks, negotiate better terms, and be your own advocate. I am an Attorney, Board Member, and Freelance Writer with a Bachelor of Arts degree, magna cum laude, in Film, Television and Theatre (“FTT”) from The University of Notre Dame. I was awarded The Catherine Hicks Award for outstanding work in FTT as voted on by the faculty. I graduated, cum laude, from Quinnipiac University School of Law, where I earned several awards for academics and for my work in the Mock Trial and Moot Court Honor Societies. Additionally, in my career, I have had much success as an in-house Corporate Attorney with a broad range of generalist experience and experience in handling a wide variety of legal matters of moderate to high exposure and complexity. My main focus in my legal career has been contract drafting, review, and negotiation. I also have a background in real estate, hospitality, sales, and sports and entertainment, among other things.
December 8, 2020
Abby V.
Abby is an attorney and public policy specialist who has fused together her experience as an advocate, education in economics and public health, and passion for working with animals to create healthier communities for people and animals alike. At Opening Doors PLLC, she helps housing providers ensure the integrity of animal accommodation requests, comply with fair housing requirements, and implement safer pet policies. Abby also assists residents with their pet-related housing problems and works with community stakeholders to increase housing stability in underserved communities. She is a nationally-recognized expert in animal accommodation laws and her work has been featured in The Washington Post, USA Today, Bloomberg, and Cosmopolitan magazine.
March 12, 2021
Ema T.
I am a NY licensed attorney experienced in business contracts, agreements, waivers and more, corporate law, and trademark registration. My office is a sole member Law firm therefore, I Take pride in giving every client my direct attention and focus. I focus on getting the job done fast while maintaining high standards.
June 29, 2021
Erin F.
Businesses, Contracts, Operating Agreements, Corporate, Real Estate, Start-Ups, Cannabis
July 6, 2021
Adam L.
12 Year PQE Lawyer with wide experience in sports, media and tech.
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Employment Contract
Georgia
I was recently let go after complaining about discrimination and targeted. I was termed with a severance package. I want to know if I can renegotiate the severance.
Can I get more on my severance since I was let go after complaining about discrimination to my employer?
Donya G.
That sounds like it would depend on the reasons you were given for being let go. Did you document your grievances in an email or where they just done by word of mouth? You should consult with a GA attorney that specializes in employment law to assit. All the best Donya Gordon
Business
Employment Contract
Florida
What's the safety policy in an employment contract?
I recently accepted a job offer from a new employer and as part of the employment contract, I need to understand the safety policy in the workplace. I understand that safety policies in the workplace are important for the protection of both employees and employers, but I am not sure of the specific details of the safety policy included in my employment contract. I would like to know what safety policies are included in the contract in order to ensure that I have a safe working environment.
Diane D.
Without seeing the contract, there is no way of knowing.
Employment
Employment Contract
California
What's intellectual property in an employment contract?
I recently accepted a job offer that contained an employment contract. The contract states that I will not use any intellectual property of the company without prior written consent. I am unsure what exactly constitutes as intellectual property and would like to get a better understanding of the definition of intellectual property in the context of an employment contract.
Russell M.
Your Agreement may contain a definition like this: “Intellectual Property” means recognized protectable rights and interests such as: patents (whether or not issued), copyrights, trademarks, service marks, applications for any of the foregoing, inventions, Confidential Information, trade secrets, trade dress, domain names, logos, insignia, color combinations, slogans, moral rights, right of publicity, author’s rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices business processes, developments, innovations. But a few of these are going to be most likely available to you. Internal company know-how or “ how we do things here that help us succeed”. Note the words “Confidential Information”. Confidential Information is another defined term which includes customer and employee information, pricing and business strategy and plans, among others.
Employment
Employment Contract
Florida
Do I have to provide my employees with a paycheck stub?
We find employee pay stubs laying around in the warehouse and left in company vehicles
Diane D.
Florida doesn't require employers to provide a pay stub with a paycheck, nor do they have to offer them in electronic format. Pay stub legislation in Florida instead defaults to federal laws under the Fair Labor Standards Act (FLSA).
Employment
Employment Contract
California
What is fixed term employment contract?
I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?
Christopher M.
Generally a fix term employment contract differs from a genera employment contract in that it has an end date. For example, at-will contracts continue until you are fired or quit, while a fixed term contract only continues until the term expires. The main points to look at would be what they are classifying you as (employee vs contractor), the length of the term (so you know when the contract is up), and how to renew the contract or if there is an automatic renewal. It would also be good to double check the contract for termination clauses, as quitting may be more complicated under a fixed term contract. Ultimately, as with all contract matters it’s probably best to reach out to an attorney to review the document to get more specific answers to your concerns.
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Location: Oklahoma
Turnaround: Less than a week
Service: Contract Review
Doc Type: Employment Contract
Page Count: 19
Number of Bids: 11
Bid Range: $299 - $600
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Location: Virginia
Turnaround: Less than a week
Service: Contract Review
Doc Type: Employment Contract
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Bid Range: $350 - $475
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