Can an employer use written employment contracts with some but not all of its employees?

  • An employer is generally free to use a written employment contract with some of the employees.
  • The decision doesn’t have to be made based upon a class of employee.
  • The employer must be careful not to assign contracts that give rise to an appearance that the employer is discriminating against some of the employees.
Cohn, Lifland, Pearlman, Herrmann and Knopf LLP