Employment Law

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Can employers force a certain group of salaried exempt

Can employers force a...

Can employers force a certain group of salaried exempt employees to sign one year contacts? We all have been working for many years without contracts. The worry is that the employers can simply not renew employees when it suited them.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

New Jersey

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time non union and if I'm correct in my assumption "at will" also

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If we refuse to sign individually or in number can we be fired?

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Answered in 5 minutes by:
6/6/2017
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,329
Experience: More than 30 years in legal practice.
Verified

I am Loren, a licensed attorney for over 30 yrs. Thank you for your patience as I review the question. I will post my response shortly.

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As an at-will employee you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all. They can insist you sign an employment contract to continue your employment.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

I am sorry. I wish I could tell you otherwise.

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I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I do not want to see you spin your wheels and I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

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Customer reply replied 1 year ago
We are sports coaches at a university
They are of asking any other employees to sign contracts
Is t this some sort of descrimination?

Discrimination, in and of itself is not illegal. It is only illegal if it is based upon your inclusion in a protected class, such as race, religion, ethnicity, gender, etc...

Otherwise, the employer is free to treat some employees differently, so long as it does not cross into a civil rights violation, as I wrote.

Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 39,329
Experience: More than 30 years in legal practice.
Verified
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Loren
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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