At Work - Column by Lindsey Novak

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Hire Lawyer To Fight Company That Breaches Employment Contract

Lindsey Novak

Q: I had an employment agreement that stated I would receive a severance package if the company should no longer require my services and release me for no cause. I was released, and the company refused to honor the agreement between us. I hired an attorney to deal with the breach of contract, but there is more to it than that. I also discovered that the company provided severance packages to favored employees who did not even have employment agreements and that it did not offer severance packages to several other employees. Isn't that discrimination?

A: Companies are not required to offer employment agreements to employees. They offer employment agreements as a way to attract successful, high-level employees and as a way to protect various aspects of their businesses, such as client lists, business plans, products and anything else deemed confidentially created and developed for the businesses. Employees favor employment contracts because the agreements dictate the conditions under which companies may terminate their employment and describe the benefits they will receive upon separation.

Employment agreements usually protect both the company and the employee, though some contracts are stacked in favor of the employer. Such stacked contracts generally do not hold up in court when lawsuits occur.

An agreement offering better benefits to one employee than to another may be attributed to an employee's superior negotiation skills. Assuming separation packages are not offered according to the employees' race, color, religion, sex, national origin, age or disability, there is no discrimination.

When you hire a lawyer to handle any legal matter, you must inform that lawyer of all the facts surrounding the situation. Once the lawyer has obtained all the information, he or she will determine what is and is not important to your winning.

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Your Job Should Satisfy You, Not Your Co-Workers

Q: I think that when an employer offers an employee a raise after that person gives notice, it's like admitting the company has been shorting the employee all along. All that company is doing by offering more money is saying, "We knew you were worth more but are only willing to offer it now because you are threatening to leave." More importantly, if the employee accepts more money and stays after announcing he or she is leaving, don't you think co-workers will lower their opinions of the person?

A: Your overall job satisfaction is your concern, not your co-workers'. Your goal should be to get paid the most you can for doing something you love. If you love your job but think you are not paid enough, a job search will help you discover your market worth. If no offers come in, your salary is probably what you are worth, and a lower salary doing something you love is better than no salary. If you don't like your work, you might be happier accepting less money for a job you will love.

Your co-workers have no right to judge you for your job choices and salary decisions. There is a reason for keeping such information confidential; it helps people avoid jealousy, gossip and mean-spirited competition.

Please send your questions to: Lindsey Novak, c/o Creators Syndicate, 5777 W. Century Blvd., Suite 700, Los Angeles, CA 90045. E-mail her at LindseyNovak@yahoo.com, or visit her Web site at www.LindseyNovak.com. She answers all e-mails. To find out more about Lindsey Novak and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Web page at www.creators.com.

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Copyright 2009 Creators Syndicate Inc.

This news arrived on: 10/08/2009

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