Frequently Asked Questions About Employment Contracts in New York
When it comes to employment contracts in New York, it can be tricky to navigate the sometimes complex laws and regulations3 min read
When it comes to employment contracts in New York, it can be tricky to navigate the sometimes complex laws and regulations. It is best to review any employment agreement with a lawyer who understands the laws governing the workplace in New York, so that the employer and the employee can make sure they are compliant. Here are some of the frequently asked questions that people in New York have when it comes to understanding and negotiating employment contracts.
What’s the Difference Between an Employment Agreement and a Contract of Employment?
At face value, these two terms appear to mean the same thing, but they are actually different. An employment agreement is a contract that outlines the employer’s terms of employment, such as wages, duties, and other expectations. A contract of employment, also known as an employment contract, is a legally binding document that outlines the rights and responsibilities of both the employer and the employee. The employee must agree to the terms of the employment contract before they can work for the employer.
What Are the Laws in New York That Govern Employment Agreements?
There are a few laws that govern employment agreements in New York. The most important is the New York State Employment Relations Act (SERA). This law governs all relationships between employers and employees. It sets out an employer’s right to enter into employment contracts with employees, and it also includes information about how conflicts should be handled. It also outlines the rights that employers have when it comes to hiring and firing employees.
The New York Labor Law and the New York Labor Relations Act also have provisions that impact employment contracts. The Labor Law covers matters related to hours, wages, and collective bargaining, while the Labor Relations Act regulates union formation and collective bargaining.
What Should Be Included in an Employment Contract?
An employment contract should include the name of the business and the employee, the job title, the term of the agreement, wages, benefits, and other job-related requirements. It should also include a description of the duties and responsibilities of the employee, as well as any conditions of employment, such as the ability to be terminated or to have the employment contract modified. It should also state any restrictions on the employee’s ability to accept other employment or perform certain activities outside of their duties in the contract.
In addition, it should include confidentiality and non-compete clauses, and it should also include a description of the process for resolving disputes between the employer and employee.
How Can an Employment Agreement be Terminated?
Under New York law, employment agreements can be terminated if either party acts in a way that violates the terms of the agreement. For instance, if the employee repeatedly fails to show up to work or fails to perform their job duties as described in the employment agreement, then the employer may have cause to terminate the agreement.
In addition, a New York court may find an employment agreement to be terminated if the employer or employee has made changes to the terms of the agreement that are not approved by both parties. Finally, a court may also terminate an employment agreement if either party fails to fulfill their duties under the agreement.
The laws of New York can be complicated, and it is important to understand how they govern employment contracts in order to ensure compliance. It is best to work with a lawyer who is knowledgeable about the laws of New York to ensure that any employment contract is compliant with the law.