The general rule has historically been that in NJ, a personal service contract, including an employment contract, can be specifically enforceable, especially when the individual rendering the service(s) possesses a unique talent. This rule approves enforcement of the contract by the principal/employer. It also allows for enforcement by the employee on the basis of the importance of a contractual relationship, and offer of mutuality of enforcement or damages in a breach should employee fail to perform. Of course, an unhappy employee who wants out of the relationship probably isn’t worth trying to enforce the relationship. The better option is likely to replace the employee and consider a damage claim.
If you are looking for additional details on this topic or if you require advice about your situation, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing or telephone consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq., a NJ Employment Law Attorney