When a person starts a new position of employment, is promoted, or sometimes even resigns from a given position, they are often asked to sign some sort of employment agreement. In most cases, these agreements are fair to both parties and are required for good reason. However, this isn’t always the case, which is why it’s always best to first have a lawyer review any sort of employment agreement before you sign it, as there are some instances where employment agreements are unlawful or unfair, thereby rendering them void in some way. Please continue reading and reach out to a dedicated Chesterfield County employment agreement attorney from Passero Employment Law to learn more about what can potentially make an employment contract void and how our firm can assist you if necessary.
What are some scenarios that may render an employment contract void?
There are various scenarios that may render an employment contract void, and they depend largely upon their specific circumstances and the specifics of the agreement itself. Just some instances that may make an employment agreement void are as follows:
- Unlawful or illegal terms: If either party includes terms in an employment agreement that potentially violate state or federal laws, the agreement, or portions of the agreement, may be considered void and, therefore, unenforceable.
- Mistakes in the agreement (even if they are honest mistakes): If one or both parties were mistaken about the facts and terms of the agreement, it may be rendered void. For example, if an employer promised benefits that they didn’t realize they’re not allowed to give, it may render the agreement void.
- Lack of capacity: If either party was unable to consent to the agreement due to a sound mental state, physical disability, or legal status, it may make the contract unenforceable.
- Exceeding authority: For example, if an employer proposes a non-compete agreement that is too broad in scope geographically, or in duration, the agreement may be unenforceable.
- Fraud/deceit: If either party provided false or misleading information in the agreement, it may be considered unenforceable.
- Unconscionability: If either party has a clear advantage over the other due to unequal bargaining power, there may be an argument that the agreement should be considered unenforceable.
If you believe that your employer has asked you to sign an unenforceable agreement, or you believe you’re currently bound to an agreement that may be unlawful or otherwise unenforceable, please don’t hesitate to reach out to Passero Employment Law for help today.