In USA labor law is a heterogeneous composition of state and federal law. Labor law at federal levels basically concentrates on the workers rights in private sector as well as for the federal government employees.
Federal laws are inapplicable to the employees of state and local governments. The law scenario is governed by the common law rule i. e., employment at will. National Labor Relations Act gives a choice before people of the employees in private sector.
The choice is to have their own union. The labor related legislation has evolved from Civil Rights Act(1866), Civil Rights Act(1964), Civil Rights Act(1991), Age Discrimination in Employment Act(1967), Americans with Disabilities Act(1990), Immigration Reform and Control Act (1986) to Worker Adjustment and Retraining Notification Act, etc.
The laws tried to be more comprehensive and cover as much area as possible. Some employees find an additional job security when they are asked to work under contract. This aspect is not without its disadvantages. This is because sometimes employers break the contract themselves using one pretext or another.
The contract although varies from industry to industry and from office to office, certain aspects remain the same. The contract contains the responsibility of the employee, the date of joining, the initial salary or wage at the time of joining. A contract may not be always written, it can be oral too.
It is not unusual to have non-compete clause in the employment agreement. It prohibits an employee to work in an organization where the profile implies competing against the former employer. In this situation, a time frame is given after which an employee can work with a competitor firm. There may be several cause of breach of contract: –
• In case the employee fails to observe the confidentiality clause;
• The employer has failed to provide certain incentives or facilities that has been provided within a specific time;
It should be kept in mind that information like the address list of top clients of the previous employer changes with time. Moreover, the financial sector is an ever evolving sector and business strategy can’t remain the same.
As a result it becomes important that an employee takes the help of a legal counsel. In can be related to matter like reviewing the employment contract before signing it. It can be a little more negotiations with the employer. If you are a New jersey local you should contact a Labor Attorney New jersey. An attorney with relevant expertise in this field will give you a correct evaluation and advice.