Some jobs seem easy and simple enough: retail, restaurant & hospitality workers, simple hourly wage. But what do you do when you’re asked to sign a stack of papers upon which your offer of employment is contingent? How do you navigate a job offer involving a complex contract that lays out terms for work? A qualified employment attorney can help you determine if it’s a bona fide offer or too good to be true. Give the Law Offices of Yuriy Moshes a call or fill out a form online for a consultation to discuss your employment contract needs and questions
Most jobs, in some capacity or another, require you to sign documents and agreements of some sort upon hire. Some of the simplest and most common ones include wage/hour terms, employee handbook acknowledgments and agreeing to abide by company standards and conduct, etc. Some contracts can get more complicated, numbering in the dozens of pages in their outlining of the terms of employment. They can include things like non-disclosure agreements (NDAs), non-compete clauses, intellectual property clauses, etc. If a contract isn’t carefully reviewed, you could find yourself committed to a job that may not be the best situation for you.
Some things to consider when deciding whether to hire an employment contract lawyer include:
A business contract lawyer helps figure out and explain the potentially intricate details of a job offer. They examine a contract for any potential pitfalls and loopholes and explain to a potential hire, or existing worker, what a particular part of a contract means and entails.
An employment agreement, once signed, is a legally binding document. Employment agreements contain several parts that bear careful examination before signing on the dotted line. Contracts vary from job to job and industry to industry, but some common elements many include are:
Some contracts can affect your ability to work after employment has ended. One of the most common types is the non-compete clauses, which can limit where you can work in a given industry after you leave a particular position for a predefined length of time. These clauses are common in media industries like broadcasting, for example.
Even some oral agreements can be legally binding, depending on the circumstances, though they may be harder to prove or enforce, it’s still possible. That’s why the assistance of a qualified contracts lawyer is absolutely essential to get the most favorable working conditions for you or to determine if legal action is needed against an employer who may have violated your employment agreement. That’s why it’s important to have a good employer contract lawyer review the terms of your contract.
An employee can be hurt by violations of an employment agreement by the employer. Such tangible harm can include loss of wages from improper compensation, the employer changing the terms of an employment contract, or forcing out an employee for reasons not allowed in the contract.
It is important to note that New York is an “at will” employer state. In a nutshell, that means an employer can end your employment for any reason or even no reason at any time. Wrongful termination is one of the most common breaches of contract. Also, terms of a contract may limit an employee to arbitration rather than full legal action in a courtroom to resolve any legal disputes over employment. That’s why it’s important to understand what termination and resolution provisions are in your contract, if you signed one,
You might consider an employment contract lawyer but also wonder ‘when should I hire one?” There’s no firm answer, but if there’s any doubt or question whatsoever about a particular contract provision, you should err on the side of caution and consult a contracts lawyer. Additionally, job offer letters aren’t the only employment agreements either that you might have questions on or that may need review as a precaution. Other common employment contracts include contracts for freelance work, agreements for independent contractors, and consulting contracts.
So what are some of the specifics that an employment contract lawyer can assist with? One of the most common things is how much you should be paid. Compensation can range from hourly wages to a specific salary per year. A contract should spell out whether the job is wage-based or commission-based and how much raises should be and how often they occur.
Not all employers offer this, but more are offering vacation and sick leave time. A contract should spell out how many sick leave days are available to an employee, as well as how much and how often vacation time is accrued, up to a maximum time period. Many employers also combine the two into one overall paid time off (PTO) policy. So, it’s important to understand how a combined PTO policy works with a given employer.
More employers are also offering benefits as a hiring incentive for employees. Some of the benefits include but are not limited to:
The most common benefit and biggest consideration for employees tends to be health insurance, into which many also loop in dental and vision benefits.
An executive employment agreement is an employment contract between an employer and a potential company executive (i.e. manager, board member, etc.). They include many elements of a common employment agreement (wage, benefits, NDAs, etc.) but may also spell out additional elements like bonuses and stock options. Moshes Law can help explain the elements of an executive employment agreement and how they could impact you, if you’re being hired for an executive position.
An employment contract is a legally binding agreement once you sign it. You can face potential consequences up to and including termination and legal action against you, for violating an employment agreement.
Employment contract terms vary from employer to employer, but violations that can potentially nullify an employment contract include things like improper compensation/wage agreement violations and wrongful termination,
Entering into a new job, especially when you have to sign an employment contract, can be a big step. That’s why it’s important to have someone on your side who understands and can explain your employment contract and how to best negotiate an agreement beneficial for you. And if the circumstances arise, they can assist with hidden pitfalls or violations of a contract.
Call our office or visit our sign up for a free appointment to review your employment contract with the Law Offices of Yuriy Moshes.