If you are an incoming employee at a company, first you may be required to sign an employment agreement. And while you may only be concerned with your salary and start date, you should also pay attention to the serious legal implications that come with the other included clauses. Continue reading to learn what may make an employment agreement void and how an experienced New York employee contract lawyer can best advise you before signing.
What should I expect from my employment agreement?
First of all, you need to know what is considered standard practice to include in an employment agreement. That is, you should expect that you may see the following clauses:
- A noncompete clause that prevents you from working at a competing company for a certain amount of years.
- A nondisclosure clause, and the basis of future litigation if not followed.
- The company’s policies and rules, and the basis of future termination if not followed.
- Other circumstances which can be the basis of future termination if not followed.
- Your responsibilities toward the company and your employer.
- The set duration of your employment.
- The terms and conditions of your potential benefits.
- The terms and conditions of your eligibility to receive paid time off.
What would make my employment agreement void?
On the other hand, you need to know what clauses may make your employment agreement void. Examples of such are as follows:
- Your employer did not update their terms and conditions based on recent changes in laws.
- Your employer included terms and conditions that do not comply with federal and New York State law.
- Your employer does not include the terms and conditions of your employment (i.e., your job title, job responsibilities, compensation, or otherwise).
- Your employer does not include the terms and conditions of potential benefits for you (i.e., opportunities for a raise, promotion, or otherwise).
- Your employer does not include a severability clause.
- Your employer makes you sign the agreement when you are not over the age of consent or of sound mind.
- Your employer makes you sign the agreement when you do not agree to the terms and conditions fully.
- The noncompete clause, nondisclosure clause, or otherwise were too broad.
- The noncompete clause, nondisclosure clause, or otherwise were too restrictive and inappropriate.
- The written agreement does not align with the oral agreement between you and your employer.
Therefore, regardless of whether you already signed the employment agreement, you must speak up if you believe that it is void. And so, you must seek the legal advice of a skilled New York employee rights lawyer. Pick up the phone and give our firm a call whenever you are ready.