Employment contracts are only enforceable in New York if they are in writing and signed by both parties. The only exception to this rule is if the duration of employment is less than one year long.
In New York, employment contracts are legal and they're something many employers should consider using as part of their hiring process. They can protect you from liability and give employees guidance and a firm point of reference for how they need to conduct themselves when working for your company.
Are non-competes legal? A non-compete is only allowed and enforceable to the extent it (1) is necessary to protect the employer's legitimate interests, (2) does not impose an undue hardship on the employee, (3) does not harm the public, and (4) is reasonable in time period and geographic scope.
So, here's the rule, as recently summarized by a New York County trial court: "The requirements for formation of an enforceable contract are: (1) at least two parties with legal capacity to contract; (2) mutual assent to the terms of an agreement with reasonably certain terms; and, (3) consideration (i.e., payment).
Unconscionable. A contract may not be enforced if you were unfairly pressured into agreeing to it and its terms are grossly unfair. In that case, you might try to argue that the contract is “unconscionable.” That is, the other party, who had a greater bargaining power, took advantage of you.
Leverage your professional network, join industry-specific job boards, and attend relevant conferences and events. Utilize LinkedIn to showcase your expertise and connect with potential clients. Additionally, consider working with staffing agencies that specialize in contract placements.
Basic Elements of Consulting Contracts Identify who is entering into the contract (name of companies/organizations). Identify who you/your company will be working with specifically. Detail clear payment schedules. Include clauses for how each party can end the contract. Provide a clear scope of work.
Like other independent contractors, consultants are not full-time employees. Working with and paying them requires a different kind of legal documentation. This document is called a consulting agreement.
To write a simple contract, title it clearly, identify all parties and specify terms (services or payments). Include an offer, acceptance, consideration, and intent. Add a signature and date for enforceability. Written contracts reduce disputes and offer better legal security than verbal ones.
Key steps for developing your consulting business plan Identify your niche and ideal clients. Analyze the competition. Set your rates and service packages. Create a marketing and client acquisition strategy. Calculate potential project expenses and revenue. Plan for sustainability and growth.