Legal Question in Employment Law in New Jersey

I was pursued by an employer to leave my (then) current job to become his employee. I was offered (in writing) a salary, commission, health insurance and a car. The offer maps out how we would proceed through the first year of my employment (leading me to believe that it was a contract that would safeguard my position through the year). I accepted the opportunity and was almost immediately given a hard time by another employee. Other employee was thwarting my progress to the point where I had to appeal to the owner to remedy the situation (in writing) more than once. Long story short -- he fired me (not the other guy) after 3 months and I came to find out that the health insurance policy he offered didn't even exist. My old employer didn't want me to leave and would have hired me back if the position hadn't already been filled.

If I sue him based on breach of (employment) contract, are there any motions that he can file that I need to be worried about the case being thrown out before we get to court? I would be looking to sue for the remainder of the yearly salary (roughly $60,000) that I would have gotten had things gone as they should have. I know that NJ is an at-will state, but I have an employment contract that he drew up that has parts within that he didn't honor and parts of the offer were elements that he offered and didn't have any intention of fulfilling (I have hard evidence of this).


Asked on 10/05/09, 9:33 pm

1 Answer from Attorneys
John Corbett Corbett Law Firm LLC

Depending on what evidence you have, you may have a good cause of action for breach of contract. The "at will" nature of the employment may also be overcome by the writing. Even if that does not work, you have equitable remedies because you have changed your position in reliance of having the job. A remaining question is whether the employer has any money to pay a judgment. If you want to disuss the matter further, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/11/09, 10:00 am


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