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WHAT SHOULD BE IN AN EMPLOYMENT CONTRACT?

To be sure an employee’s employment agreement covers all aspects of employment, it is important to know what should be included in an employment agreement. After all, an employee’s future employment and potential income is going to depend on that employment agreement being clear-cut and accurate.  Thus, a potential employee would be foolish to enter a new job and sign an employment agreement without reviewing the employee’s job responsibilities enumerated in the employment agreement.

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What to Ask for in Employment Contract Terms

There are many things that need to be included in an employment agreement. An attorney is needed to ensure that the employment agreement is legal and does follow state law. Job responsibilities and duties must be included  to ensure the wording and legality of each point is intact. Some of the employee and employment language that does need to be included in employment contracts follow:

  • Classification of the employee – whether the business classifies the employee as  an employee or an independent contractor
  • Employee Benefits and compensation – outlining the employee’s benefits and compensation package, salary or hourly pay, etc.
  • The employment schedule – whether employment is for a set term or if it is ongoing
  • Employee’s Privacy Policy – clarifying what the employee can do regarding use of the employee’s email or social media when on the business property
  • Sick days, time off, vacation policy – clearly explaining the employee’s time off, how many sick days and how many vacation day are accrued
  • Conditions of termination for Employees – explaining how either party (the employee and business) will terminate the working relationship
  • Requirements after termination – any post employment restrictions on an employee who has left the business
  • Loans – Are they repaid?
  • Confidentiality agreement – ensuring the business or firm’s trade secrets and other sensitive information is protected by the law

The Contract Must be Reviewed to Ensure All Points are Covered

 It is important to have employment contracts reviewed to ensure that everything is in the employment agreement that should be and to ensure that both employee and employer will be happy with the employment agreements. The help of legal council is vital so that any points that need to be negotiated can be taken up effectively. When all key elements are included in an employment agreement, everyone will have the confidence and security needed to move forward with the employment and sign the contract.

Employment contracts must be signed with confidence that all the expectations of the position are communicated.  Many ask who is supposed to review a contract? There are a number of things that should be reviewed and ascertained as to their legality. Such things as benefits, paid time off, starting salary, and schedules must be effectively laid out. The best person to review these matters is an attorney. An attorney has the knowledge and experience to review a contract and to put any concerns to rest.

How do you Review Contracts?

There are a number of things to look for when reviewing contracts. It is very important that the contract does reflect the language that and employee needs and wants. An employee needs to ensure the review hits on all the key elements required in a contract. If an employee wants to embark upon this without the aid of an attorney, an employee will find points below to be aware of. To make sure important points of a contract are properly reflected, there are a few steps an employee should do.

  • Know what an employee should expect from the employment agreement law
  • Ensure that the contracts clauses are documented correctly
  • Read the entire contract to see that it aligns with an employee’s expectations
  • Look to see if any important language is missing
  • Determine what changes are needed so the employee can negotiate the changes and comply with the law

An employee should want to hit key points when reviewing the employment agreement (as in the third step above). Some of the key points are:

  • Any capitalized language should be properly defined
  • The parties involved need to be properly identified
  • Signature blocks should be correct in contracts
  • The term of the contract should be identified
  • Can termination be done early and what are the rights of the parties involved in contracts?

Of course, the main thing that can inhibit an employee’s understanding of an employment agreement and its points would be legal terms used that an employee doesn’t know. Words or terms like ‘non-solicitation,’ indemnification,’ ‘boilerplate provisions,’ and others can stop an employee from understanding exactly what an employee will be signing. It is important to get any language defined accurately.

Unfair Termination Terms

When signing an employment contract, it is very important that an employee understand the law of termination so an employee doesn’t agree to things that can harm them later. If an employee ends up being terminated from a job unfairly, it can be quite a fight to get justice.

What is Wrongful Termination?

Wrongful termination laws are something that refers to getting fired from a job for an illegal reason. It could be an employer who fires the employee because that person was complaining about safety concerns or discrimination, or it could be an employer who fires an employee because the employee was exercising a legal right. If an employer is discriminating against an employee and firing him or her because of disability, race, color, religion or the like, this is wrongful termination.

If an employee is wrongfully terminated, they can file a lawsuit. Wrongful termination laws allow for damages in some cases. But first the employee would need to win the suit. If there is an employment agreement which delineates the law about unfair termination, this can only bolster the case.

Breach of Contract and Termination

It depends on the contact as to whether damages would be available. The contract can also outline the specific time in which a person can pursue damages in a case. Again, having a contract that outlines all the laws of unfair termination will benefit the employee if they ever run into this situation with a job. The employee should want an employment agreement to be specific so that you are well-protected against anything occurring that ends in a business’ termination of an employee.

It’s worth it to find out how much a lawyer will charge to review an employment contract, because a review service can be vital when about to sign a contract. Ultimately, it is always a good idea to have an expert take a look at any binding legal document to ensure everything is airtight. A contract lawyer will look at the wording and format because they need to be very specific in order to be legally binding. Costs vary depending on a number of factors.

Why Hire a Lawyer

When hiring a lawyer to review your contract, you are getting their years of experience and knowledge.  So, how much do lawyers charge to review a contract? You, of course, want the best deal you can get and by having a professional look over the wording, format and points of interest, you will be confident that the contract will contain what is needed. It might cost something, but in the long run it can save you a lot of money over a long period of time. What your legal fees will be for a contract review depends on a number of things. Some of the factors it depends on are:

  • How long the contract is
  • The complexity of the contract
  • If you also need help with drafting the contract
  • What the lawyer needs to look for within the text
  • The rules and regulations in your particular industry
  • The number of parties involved and signing the contract

Employment Agreement Legal Review

An attorney who has experience in such matters can make certain everything is in the contract that should be. Chelle Law will ensure you are confident of the employment contract you sign. Call today.