Question

When can I sue my employer for breach of contract in New York?

Daniel J. Kaiser - Employment Litigation - Super Lawyers

Answered by: Daniel J. Kaiser

Kaiser Saurborn & Mair, P.C.
New York, NY
Phone: 212-338-9100
Fax: 212-338-9088

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Answer

Most employment relationships are what the law calls “At Will.” This means you as an employee can be fired for good reasons, bad reasons, or no reason at all. Although you may be an “At Will” employee, you still may have contract rights relating to your compensation. For example, your employer may have promised you a year-end bonus or commissions that have not been paid to you in an amount to which you are contractually entitled. Even an oral promise to pay a bonus or to pay commissions pursuant to an agreed-to-formula may be a legally enforceable promise that you can pursue in a court of law. Also, sometimes promises of equity participation are made to employees who are not honored. You may be an employee “At Will” and still be entitled to contractually promised equity participation.

Of course, if you have a written employment agreement for a specific duration than you are probably not an employee “At Will” and if that contract is not honored by your employer you may sue for the damages you have sustained as a consequence of that breach. The amount you can sue for depends upon the specific terms of your contract.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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