Breach Of Contract / Restrictive Covenants
A breach of employment contract occurs when an employer or employee fails to fulfill the obligations set forth in their employment agreement. Wigdor has favorably negotiated and handled scores of breach of contract claims recovering substantial financial settlements on behalf of employees. Our experienced lawyers understand the complex laws governing employment contracts, and we are committed to fighting tenaciously for the rights of our clients.
Many employees have term contracts that commit their employer to pay them for a set period.
Others have contracts or agreements with their employer that legally require their employer to compensate them a specific amount or according to specific terms, such as set bonuses or based on performance metrics. Your employer’s standard employee handbook and policies can also sometimes be a binding contract that your employer is legally required to follow.
A non-disclosure agreement (NDA) creates a confidential relationship with an employer and employee to protect confidential and/or proprietary information.
Conflicts regarding “restrictive covenants” such as non-compete and non-solicitation agreements between an employer and employee are common. In those agreements, an employee agrees not to work for competitor and within a certain geographic area and not to launch a company that competes with the employer’s business or attempt to solicit clients from the employer for a set time.
The extent to which restrictions on an employee’s future employment and business dealings are enforceable generally depend on state law. Factors to be considered include the length and geographic scope of the restriction, the broadness of the activities restricted and the legitimate protectability of an employer’s interests in determining whether these restrictions can be fully or even partially enforced against an employee.
Wigdor’s employment lawyers help skillfully navigate and negotiate these provisions and challenge the enforceability of restrictive covenants. We also counsel you through the process of leaving your current employer on good terms to begin new employment without incident or litigation.
If you have questions about your employment contract, speak with an experienced breach of contract lawyer who can advise you of your rights.