Do the conditions of an employment contract supersede the law?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do the conditions of an employment contract supersede the law?

My athletic director contract was not renewed. I was not given 60 days notice, as the law states. My contract is a generic contract that the school uses for coaching and other extra duties. We were administrators, because we hired, evaluated, and oversaw all coaches. There is something in the contract that contradicts the law protecting administrators.

Asked on August 31, 2010 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

A contract cannot directly contradict the law; the law trumps any contracts, and contracts must be in accord with the law. However, sometimes a contract can, by how it defines a person or situation, remove the person or situation from the law's coverage. For example, in the field of labor law, normally people have to paid overtime. However, if someone is hired as a commissioned outside sales representative, the employment contract, by specifying that the person is an outside sales rep, removes him or her from overtime.

There is thus no way to answer you question definitely in the abstract. If you believe you were treated inappropriately, you need to consult with an employment attorney who can evaluate the law, the contract, and your situation. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption