Employment at a Specific Salary

HNWEmployment Law

salaryThe Supreme Court of New Jersey held that an offer of employment at an annual salary does not automatically qualify as a guarantee of employment for one year in the absence of a written and/or clear and convincing proof of a verbal agreement. In the absence of proof to the contrary, the employee will be considered hired at-will.

In the Supreme Court case cited above, the majority stated:

[I]n today’s employment market, it is both uncommon and unreasonable to expect employment for a minimum of one year simply because an offer letter quotes an annual salary. Employees realize that the specification of salary merely determines the method of payment and not a minimum length of employment. A salary or benefit package stated in annual terms does not, standing alone, entitle an employee to year-to-year employment.

The takeaway is that you must have clear language in any offer of employment concerning a guaranteed term of employment. 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. of Hanlon Niemann & Wright, a Freehold Township, Monmouth County, NJ Employment Law Attorney

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