Create, Formalize, Or Challenge Employment Contracts
A written employment agreement should protect both employees and employers from disputes or damage to interests and reputations. A new employee should have the opportunity to review a proposed employment agreements and, if desired, seek legal counsel before signing it. Likewise, employers should exercise diligence to spell out terms of an employment contract in plain language and to be sure that employees agree to it voluntarily.
As an employee, you may have questions about an employment contract that a potential employer has presented to you. Or, as an employer – especially if you are relatively new to this position – you may realize that you need help and clarification when drafting an employment agreement and asking new workers to sign it. At Scirocco Law, PC, with law offices in both Morristown and Hasbrouck Heights, we advise and assist clients with all aspects of employment agreements.
Things To Watch For In Employment Agreements And Employee Handbooks
An employment agreement may address topics such as the following:
- Definitions of legal terms such as “at-will employment” and employees’ duties
- Answers to common questions
- Designation of workers as direct employees or contractors, along with outlines of management and general compensation structures
- Executive compensation (if applicable) and/or severance pay agreements
- Methods of resolving conflicts, such as complaint protocols, mediation, arbitration or bases for bringing breach of contract litigation
- Restrictive covenants and instructions about guarding the confidentiality of trade secrets
- Benefits such as health care, life insurance, vacations, bonuses and stock options
As an employee, you deserve clear explanations. You may not feel comfortable asking to take a lawyer with you to sign the employment agreement, but we can offer alternative ways to help you protect your interests.
If you are an employer or a company’s human resources representative, your company’s employee handbook may amount to an employment contract if you are not careful. We can help you draft or revise an employee handbook to ensure to avoid issuing an unintentional contract that is up-to-date with all state and federal laws.
For Counsel Or Representation In Litigation
We prefer to help both employees and employers avoid conflicts by getting timely legal advice about a wide-range of employment documents. However, sometimes disputes arise such as allegations of wrongful terminations or violations of noncompete agreements. Legal action can then become necessary. We are ready to advocate for your rights through mediation, arbitration or a lawsuit. Our goal is to guide you to a favorable resolution through any appropriate method.