New York Employment Contract: Definition, Key Considerations
Quick Facts — Employment Contract Lawyers (New York)
- Avg cost to draft an Employment Contract: $450.00
- Avg cost to review an Employment Contract: $500.00
- Lawyers available: 125 New York employment lawyers
- Clients helped: 120 recent employment contract projects in New York
- Avg lawyer rating: 4.96 (28 reviews)
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.
Frequently Asked Questions
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See Real Employment Contract Projects
New Jersey Employment Contract Review and Suggestions for Improvement Review
- New Jersey
- 4 lawyer bids
- $375 - $850
Maryland Existing Employee asked to sign NDA, IP assignment and non-disparagement agreement Review
- Maryland
- 2 lawyer bids
- $1 - $350
Illinois Employment contract review and negotiation Drafting
- Illinois
- 4 lawyer bids
- $600 - $750
See all Employment Contract projects in New York
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Meet some of our New York Employment Contract Lawyers
Danielle G.
Danielle Giovannone is the principal of Danielle D. Giovannone Law Office. In her experience, Danielle has found that many business do not require in-house legal counsel, but still need outside counsel that knows their business just as well as in-house counsel. This need inspired Danielle to start her firm. Before starting her firm, Danielle served as Contracts Counsel at Siena College and as an attorney at the New York City Department of Education, Office of the General Counsel. At the NYCDOE, she served as lead counsel negotiating and drafting large-scale commercial agreements, including contracts with major technology firms on behalf of the school district. Prior to the NYCDOE, Danielle worked as an associate at a small corporate and securities law firm, where she gained hands-on experience right out of law school. Danielle has provided legal and policy advice on intellectual property and data privacy matters, as well as corporate law, formation and compliance, employer liability, insurance, regulatory matters, general municipal matters and non-profit issues. Danielle holds a J.D. from Fordham University School of Law and a B.S. from Cornell University. She is active in her Capital District community providing pro bono services to the Legal Project, and has served as Co-Chair to the Niskayuna Co-op Nursery School and Vice President of Services to the Craig Elementary School Parent Teacher Organization. Danielle is a member of the New York State Bar Association.
"Danielle is easy to work with, professional and knowledgeable."
Michael J.
Combining extensive experience in litigation and as general counsel for a real estate and private equity company, I provide ongoing guidance and support to clients on a variety of transactional matters, including business formation, partnership agreements, corporate agreements, commercial and residential leasing, and employment issues.
"Michael did an excellent job. I will hire him again. Thank you!"
Spencer R.
I am an experienced attorney working in New York specializing in executive compensation/severance arrangements, transactional real estate work, tax structuring and contracts.
"I will use Spencer in the future for my future contract needs. Nice guy and personable. Love workiing with him. Got right down to business immediately."
April 18, 2024
Gayle G.
Fractional General Counsel and Board Advisor with over 26 years of experience advising companies and their management in the US, EMEA and APAC. I use my legal and finance background to understand the client's business and bring the most practical, efficient legal solutions to grow the business while reducing risk. Focus includes: Compliance | Governance (including AI) | Tech Transactions | Licenses | SaaS | Cross Border | Equity Investments | JVs | International Expansion | Fractional GC https://www.linkedin.com/in/ggorvettesq
August 9, 2022
Bolaji O.
Bolaji O. Okunnu is an entertainment lawyer and founder of the Okunnu Law Group, PLLC based in New York, New York. His practice includes work in the area of copyright, trademark, contract, intellectual property and business law. As an entertainment attorney, Bolaji represents a diverse roster of celebrities, record labels, music publishers, artists, bands, entrepreneurs, authors, songwriters, artist managers, record producers and entertainment executives concerning their intellectual property, business affairs and creative assets. He is an expert at solving complex and sophisticated legal and business issues relating to contracts, copyrights and trademarks. With his background in both the law and the music business, he brings a broad perspective to problem-solving and business plan strategies. He also has an extraordinary ability to speak to the hearts of creatives while helping them discover their voice and clarify their creative dreams and assignments.
September 6, 2022
Daniel F.
An experienced attorney with a varied range of legal abilities. Focusing on real estate transactions and general commercial litigation.
Doug F.
Doug has over 20 years of private and public company general counsel experience focusing his legal practice on commercial transactions including both software and biotech. He is a tech savvy, business savvy lawyer who is responsive and will attain relationship building outcomes with your counterparty while effectively managing key risks and accelerating revenue. He received his Juris Doctor from Boston University School of Law earning the Book Award in Professional Ethics and after graduation he taught legal writing there for a number of years. Prior to law school, Doug earned a M.A in Mathematics at the State University of New York at Stony Brook, and a B.S in Honors Mathematics at Purdue University. After law school, Doug joined Fish & Richardson, where his practice focused on licensing software, trademarks and biotech. While at Fish & Richardson Doug authored a book on software licensing published by the American Intellectual Property Lawyers Association. Later he joined as General Counsel at FTP Software and led an IPO as well as corporate development. Doug has broad experience with a broad range of commercial agreement drafting and negotiation including SaaS software and professional services, distribution and other channel agreements, joint venture and M&A. Doug continued his leadership, corporate governance and commercial transaction practice at Mercury Computers (NASDAQ:MRCY) leading corporate development. Doug’s experience ranges from enterprise software to biotech and other vertical markets. He joined the board of Deque Systems in 2009 and joined in an operating role as President in 2020 successfully scaling the software business.
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Browse Lawyers NowLawyer Reviews for New York Employment Contract Projects
Review Employment Contract, Flight Sim Builder
"Quick and concise. Responded to follow up questions quickly."
Review of employment contract for an Physician Associate
"I needed an APP employment contract reviewed and I engaged Allen to do the work. Very shortly after I took him on and uploaded the contract, he contacted me to verify things and to let me know what to expect. He turned around the review within one day, and it was thorough and comprehensive. I asked a few follow-up questions and he was prompt in replying and detailed in his answers. I would not hesitate to hire Allen in the future for this type of work again."
Reply From Allen L.
Thank you -- glad the review was thorough and the quick turnaround and follow-up answers were helpful. Best of luck in the new role. Allen
View MoreEmployment Contract Review
"Provided quick help with an agreement."
Litigation
Employment Contract
Texas
What's the termination clause in an employment contract?
I recently accepted a position at a company and they have given me an employment contract to review. I have been reading through the contract and noticed a section regarding termination. However, I am not sure what the termination clause in the contract states and I am hoping to get some clarification from a lawyer. I want to make sure that I understand my rights and obligations before signing the contract.
Curt L.
Most employment contracts contain (1) termination for cause, and/or (2) termination without cause (also known as at-will employment relationship).
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
New York
What should be included in my employment contract?
I am a small business owner looking to hire an employee for the first time. I have never written an employment contract before, so I am unsure of what should be included in the contract to ensure that it is legally binding and protects both the employee and me. I am looking for advice on what should be included in the contract to ensure that my interests and those of my employee are adequately protected.
Donya G.
Hello, Congratulations on your business. Here are some things that need to be in the agreement - amount you will pay them, when you will pay, the term of the employment, confidentiality, non solicit. Since you have never done this before, I would like to suggest that you hire an attorney to get it done to ensure it is done correctly. I am a NY attorney with over 20 years of experience. I assist small businesses like yours with their employment, vendor, investment and all their contract needs. I would love to assist you. You can contact me on the Contracts Counsel website or on my personal page - Donya Gordon Looking forward to talking to and working with you Sincerely Donya Gordon
Employment
Employment Contract
Washington
Can my employer change the terms of my employment contract without my consent?
I have been working for a company for the past three years, and my employment contract clearly outlines my job responsibilities, salary, and benefits. However, recently my employer informed me that they are planning to make changes to my contract, including reducing my salary and removing certain benefits. I am concerned about the legality of these changes and whether my employer can modify the terms of my contract without my consent.
Merry K.
I'm sorry to hear about this proposed change. Whether or not your employer can make such changes unilaterally depends almost entirely on how your contract is written. For example, if your contract clearly states that you are an "at will" employee, your employer can not only make whatever changes it wants, but can also discipline you or terminate you with no reason at all and only a one second advance notice. If it's not an "at will" contract, there may be a paragraph or two that addresses amendments to the agreement - eg, some such contracts may say that an employer can make changes with two weeks advance written notice; another may say that changes will be negotiated in advance between employer and employee. You may want to have an employment attorney, such as myself, review your contract as well as any recent correspondence you may have received from your employer. You may also want to try to very quietly try to find out whether or not other employees are possibly in the same boat as you - it's possible that the employer is cutting back on some benefits to save money, rather than laying off or terminating some or all of their employees. Good luck to you - and if you'd like to reach out to me, you can find me through ContractsCounsel.com or on WSBA.org Please be aware that the above information is provided for educational purposes only, and no attorney/client relationship has been formed Merry A. Kogut WSBA #16153
Employment
Employment Contract
Florida
What's probationary period in an employment contract?
I am a recent college graduate who recently accepted a job offer from a company. As part of the offer, I was asked to sign an employment contract. I understand that the contract includes a probationary period, but I'm not sure what that entails. I would like to know what the probationary period is and what it means for me as an employee.
Diane D.
A period of time to evaluate you and to show that you're a good fit for the job and that you are fully qualified for it. At the end of the probationary period, they will either keep you on or terminate you.
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