An Employment Contract Lawyer Can Review Your Employee Contract and Help You When You Have a Breach of Contract
An employment contract (also known as an employment agreement and contract agreement) is a legally binding document that sets out the terms and conditions for employment. It can set out the terms for managers, supervisors, executives, employees, contractors, and interns. Typically, an employment contract outlines the dates of employment (if needed), compensation, employment responsibilities, benefits, and provisions required for termination, including severance payment options.
Call our employment contract lawyers in New York City, New Jersey, Philadelphia, Miami, and Los Angeles for a free consultation about your employment contract.
What Are the Moving Parts of an Employment Contract?
An employment agreement must meet the following criteria to be considered a legally binding contract.
- Consideration. An employment contract mus t contain consideration. Consideration means that a person will receive something in return for work conducted. Typically, consideration is your salary or an hourly wage.
- The Offer and Acceptance. An employer must make an offer in the contract. The employee, contractor, executive, or intern must accept the offer. This process is known as the offer and acceptance.
- Is It Legal? The contract cannot contain anything illegal. If the work is illegal or the consideration is illegal, the contract cannot be a legally binding document.
- Are You Legally Old Enough to Enter the Contract? The legal term for this question is capacity. Legal capacity means that both parties to the contract must be over age 18 and be of sound mind and body. Without legal capacity, you cannot have a legally binding employment contract.
Do You Have to Sign an Employment Contract Immediately?
To learn more about our state’s contract laws, contact an experienced employment contract attorney to discuss the employment agreement laws in your state. Our lawyers handle all employment contract matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.
What Does an Employment Contract Include?
Your employment contract will outline the terms and conditions of your employment. These terms and conditions include issues, such as the length of employment (if applicable), your salary, job responsibilities, benefits (health insurance, life insurance, retirement savings plan, stock options), and vacation time and sick leave.
Conflict Resolution and Termination Contract Provisions
However, it will also include specifics relating to termination and conflict. These provisions include the following:
1. Confidentiality. You may work in a highly competitive or confidential field. You will need to agree that your work and your company’s work are private matters in many contracts. You cannot share any information about it with anyone.
2. Dispute Resolution. If a conflict arises, this clause may force you into binding arbitration or mediation. Therefore, you may be prohibited from filing a lawsuit in federal or state court. Instead, you must enter arbitration or mediation proceedings to settle your contract or employment dispute, including employment discrimination and sexual harassment claims.
3. Grounds for Termination. Some events and occurrences in an employment situation are definite grounds for getting you fired from work or suspended. Under no circumstances are they allowed. Your contract will outline anything that is considered grounds for termination.
4. Non-compete Clause. A non-compete clause says that you cannot take the company’s clients or work for a competitor for a specific time frame after leaving the company.
5. Severance Agreement. Your contract may outline that you may receive a severance package if you leave the company. This clause will let you know what the severance package will contain (the amount of money or how the compensation is calculated, how long the severance pay will last, how the compensation gets paid, and benefits information).
Call us at 800-807-2209 to schedule a free consultation to discuss your employment contract concerns. Our lawyers handle all employment law matters for employees in New York City, New Jersey, Philadelphia, Miami, and Los Angeles.
What Is a Breach of Contract?
A breach of contract occurs when you or your employer break the terms and conditions of your contract. For instance, you may share confidential information with a competitor about a project you are working on. You would be in breach of contract.
Another example would include if your employer terminated your contract early without cause.
If you feel you experienced a breach of contract, contact an employment lawyer to learn more about your rights under your state’s laws.
Do All Employees Have an Employment Contract?
Many employees work in at-will employment situations. At-will employment means that you can get fired from work for almost any reason (not related to discrimination based on protected classes). It also means you can quit your job for almost any reason.
At-will employment may include an employment agreement to outline all the terms of employment except the length of employment. However, many at-will employees do not have an employment contract at all.
Why Is It a Good Idea to Have an Employment Contract?
An employment contract can help you clearly understand the terms of your employment. The contract should outline your exact responsibilities within the job. It will also clearly state the compensation and benefits provided to you for your completed work. It can be a wonderful tool to maintain justice in the workplace and hold your employer accountable for your rights as an employee.
It also holds you accountable for the work you are contracted to complete. You know what your boss expects of you daily.
Should I Work with an Employment Contract Attorney to Negotiate My Contract?
An employment contract attorney can review your contract before you sign it to ensure it is fair and legal. They can ensure it follows all contract laws and provides you with fair compensation for your completed work.
If you experience a breach of contract, have a non-compete agreement, or enter into a severance agreement, your employment contract attorney can help you advocate for your rights. They can ensure any agreement, mediation, or arbitration, is fair to all parties involved, especially you.
Contact Our Employment Contract Lawyers for Your Free Consultation
Entering an employment contract should not be taken lightly. If your employer hands you an employment contract, contact the experienced contract and wage and hour lawyers at the Derek Smith Law Group in New York City, New Jersey, Philadelphia, Miami, and Los Angeles to review your contract. They can answer your questions so you can learn more about your rights.
Did Your Employer Present You with an Employment Contract to Begin Employment? Do you have any question regarding your employment contract? Please Call Us at 800.807.2209 for a Contract Review and to Learn More About Your Rights.