Stagnant wages and shifting business models are leading many employees to look for opportunities to improve their working conditions and increase their compensation. They sometimes find, however, that their new employer misrepresented what the job entails or what the compensation package includes.
A movement toward truth in hiring is afoot, based in part on lawsuits in which employees have succeeded in proving that an employer’s fraud or negligence led them to take a new job. In such lawsuits, newly hired employees may allege:
- Breach of express contract — The most clear-cut cases are those in which the employer failed to live up to the terms of a written employment contract.
- Breach of implied contract — The employer’s statements in an employee handbook or similar document can be enforceable promises.
- Promissory estoppel — When an employee or prospective employee reasonably relies on an employer’s promises, the employer can be liable for the harm that results from that reliance.
When negotiating the settlement of an employment dispute, keep in mind that money is not all that’s at stake. You also will want to bargain for a favorable letter of recommendation or at least a non-disparagement agreement. It is prudent to seek help in the negotiations from an experienced employment law firm.
Neil H. Deutsch has been practicing law for over 35 years and is known as a skilled negotiator in employment and discrimination law. He believes in a bottom-line approach of risk analysis and cost effectiveness for his clients. "Case evaluation is something we take seriously," says Mr. Deutsch who seeks top net dollar for his…
Bruce L. Atkins is the Senior Managing Partner at Deutsch Atkins & Kleinfeldt P.C., a prominent plaintiff employment law firm in the tri-state area. Mr. Atkins believes employees’ rights should be aggressively pursued when they’ve been wrongfully dealt with by their employers. He brings this philosophy to his practice when considering each case and its…
Adam J. Kleinfeldt joined Deutsch Atkins & Kleinfeldt, P.C. in March of 2015. He primarily represents individuals in employment litigation such as discrimination, retaliation and whistle blowing matters. He has extensive experience in all phases of the litigation process. Adam has obtained significant results for his clients, including a $525,000 jury verdict in a sexual…
Debra M. McGarvey joined Deutsch Atkins & Kleinfeldt, P.C. in December 2019. She has extensive experience defending employees and employers in state and federal court in employment litigation matters. She has represented clients on various issues arising out of the New Jersey Law Against Discrimination (NJLAD), the New Jersey Conscientious Employee Protection Act (CEPA), the…
Carly Skarbnik Meredith, Esq. is a Partner at the firm. Carly has focused her career exclusively in the field of employment law. She has a plethora of experience representing both employees and employers with their employment issues, needs, and concerns. She believes representing both employees and employers has made her an extremely well-rounded client advocate.…
