How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Employment Contract Questions

There are a variety of types of contracts employers may enter into with their employees in the US. Employment contracts are legal documents, meant to protect both the employer as well as the employee during the period of employment. Any time there is an employment contract, questions get asked. One of the many questions that can be raised is what a breach of employment contract is. Here are some of the frequently asked questions answered by the Experts about employment contracts.

Is it legal in Texas for an employment contract to restrict an employee from leaving the company within a specific time period due to high investment in the employee or penalize the employee if the contract is breached?

Clauses such as these in an employment contract are called “restrictive covenant” or “non-compete” clauses. Texas is known to honor such clauses, but as far as the legality of the clause in a particular situation is concerned depends upon the type of investment by the employer in the employee and whether or not the employer has kept his or her part of the contract as well. The employee may be liable to pay a penalty if it is found that the contract has been breached, which can only be ascertained by an attorney since each employment contract is special to the particular parties involved.

Can an employer force an employee to work after the employment contract expires and is it legal for the employer to alter the clauses of the contract while the contract is still in force ?

An employer cannot force an employee to work beyond the term of the contract. The employer can be held guilty for the offence of “duress”. An employer cannot alter the terms of the contract while it is in force without the consent of the employee, as this would amount to the offence of “fraud”.

Can an attorney of an employee function as an arbitrator in the event of a conflict between the employer and employee over a certain clause or clauses in an employment contract?

An arbitrator has to be neutral to both parties in the conflict and therefore an employee’s attorney can at best be a representative of the employee, but not an arbitrator. Under federal and certain state laws, neither an employer nor an employee has the right to insist that their lawyers act as arbitrators.

Is an employment contract signed by the employer and sent by e-mail to the employee legally binding?

Such a contract is indeed binding as the doctrine of “promissory estoppel” will come into play. This doctrine means that the party which made the promise is relied upon by the other to honor it to their own “detriment”. The employee would be well within his rights to hold the employer liable even though the former did not actually sign the contract.

Can an ex-employee of a franchise set up a similar business in any other part of the country even if the employment contract has a non-compete clause and does not specifically say "nation-wide''?

An employment contract needs to be considered as a whole, and even if certain clauses are not specific, the implications may be far-reaching. Therefore, just because the contract does not specifically state “nation-wide” does not mean that there would be no other provisions which can prevent a person from starting a similar business in any other part of the country. A Legal Expert can help determine as to what exactly the rights and limitations of an employee or an ex-employee are in this situation by studying the contract.

Can an employment contract be enforced even if the company (employer) is acquired by another?

Since the acquisition of a company would involve all of its assets and liabilities, including employment contracts, and given that there are no mitigating conditions to the contrary, an employee should be able to hold the new employer liable to the provisions of the employment contract.

Can an employer cut the pay of an employee even though there is time left on the contract?

An employer cannot alter the terms of an ongoing contract without giving it in writing and renegotiating the contract with the employee. Unless this is done, the contract holds good and any changes to the contrary will amount to breach of contract.

Both employers and employees need to be well aware of the type of employment contracts they are party to as they could be held liable by one another in the event of a dispute. Doubts may also arise in either or both of the parties as to the legality or validity of the contracts themselves. In such a situation, it is best to ask legal experts for clarity and the way forward.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
6 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Employment Contract Questions

  • I believe I was terminated from my job due to the fact that

    I believe I was terminated from my job due to the fact that I am a woman. I have been with this company for over a year and I have the best sales. The other 3 sales men have been there for two years but do not have the amount of sales that I do but yet I was terminated and terminated a week before Christmas.
  • I am a union member in Memphis tn. I drew out my some of my

    I am a union member in Memphis tn. I drew out my some of my retirment money at age55.
    I still pay full dues and full price for my health insurance. Retires over 62 only pay a very reduced rate for insurance and no union dues. My problem is i still work but my union will not let me sine out of work list and will not send me out to work. I have to find my own jobs out of state on my own through other local unions. I think this is discreminating me. I am losing thousands every year because of this... Can I sue them?
  • I was demoted while I was on Medical leave which includes a

    I was demoted while I was on Medical leave which includes a substantial cut. and while an investigation was going on by the EEOC and Human Rights Bureau of MT. Prior promotions have been ignored. I have never had a negative review. Would this be considered retaliation?
< Last | Next >
View More Employment Law Questions