Do the conditions of an employment contract supersede the law?

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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 11 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.


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