By: Gregg Zeff
On: November 6, 2024
Having a lawyer review your employment contract allows a thorough examination of the terms and conditions outlined between the employer and employee. A lawyer review covers everything from salary and job responsibilities to working hours and benefits. It’s also good to check what happens if either you or the company decides to end employment.
The review also looks at more specific terms that might affect you in the future, such as confidentiality agreements or whether you can work for a competitor if you decide to leave. It’s crucial to ensure any restrictions like non-compete clauses are reasonable and if there are any stipulations to severance packages in the event of termination. You’ll want to understand how any disputes will be handled by taking the time to carefully go through these details so you can avoid surprises later making sure everything is fair and transparent from the start.
What Terms of an Employment Contract Do Lawyers Typically Review?
Lawyers typically look at various important details to ensure a fair deal without hidden surprises in the contract. Reviewing the terms of employment with a professional employment lawyer helps you fully understand what you’re agreeing to and identify any unfair terms you might overlook. Here are the key areas lawyers focus on:
- Job Title and Responsibilities
- Compensation
- Benefits
- Employment Status
- Working Hours
- Term of Employment
- Termination Clauses
- Non-Compete Agreements
- Non-Solicitation Clauses
- Confidentiality and Intellectual Property
- Dispute Resolution
- Probationary Period
- Relocation or Travel Requirements
- Employee Expenses
- Equity or Stock Options
- Professional Development
- Company Policies
Employee Protections
Having clear protections in an employment contract sets a strong and trusting relationship between the employer and employee. When everything is laid out plainly like what the job entails, pay, benefits, and working conditions, it takes away the guesswork and potential for misunderstandings. Some employee protections that employment lawyers review include:
- Job Expectations: Lawyers check that the job description is clear so there are no surprises about what you’re expected to do once you start your job. They ensure the work location and schedule are clearly defined, including if remote work is allowed.
- Pay and Benefits: They go over your salary, bonuses, stock options, insurance, and other perks like PTO to confirm everything is correct and you’re being fairly compensated.
- Bonus and Incentives: They make sure the criteria for earning bonuses or incentives are clear, so you know how and when you’ll be rewarded for your hard work.
- Intellectual Property Ownership: If you’re developing ideas, products, or content, a lawyer will confirm whether you or the company owns those creations, especially if you’re in a creative or tech role.
- Confidentiality: This part protects the company’s private information, and a lawyer makes sure it’s reasonable and doesn’t restrict you unnecessarily.
- Non-Compete: Lawyers look at any non-compete restrictions on where you can work or who you can contact after you leave the job.
- Termination: Whether you’re let go or you resign, they ensure things like notice periods and severance packages are properly addressed.
- Handling of Disputes: Lawyers clarify how disagreements between you and the company will be resolved. This might be through court, arbitration, or mediation, but they make sure it’s fair.
- Safety at Work: They check to see if the contract ensures your workplace meets health and safety standards.
Should I Have a Lawyer Review My Employment Contract?
Having a lawyer review your employment contract protects your rights as an employee and helps you understand complex legal terms by identifying and explaining any confusing clauses. An employment lawyer can negotiate better terms for your salary and benefits which may save you from future disputes or potential financial losses. While hiring a lawyer might seem like a high upfront cost, they minimize the long-term risks of signing a contract with hidden pitfalls or vague conditions that could cost you more after you’ve already started your job.
How Does an Employment Contract Affect Severance Agreements or Wrongful Termination Cases?
An employment contract plays a crucial role in severance agreements and wrongful termination cases. It sets the ground rules for your job specifying whether an employee is entitled to severance pay and under what circumstances they can be terminated. If you’re fired and feel it was unfair the contract helps determine if the employer breached the agreement and it can also protect you by outlining your rights making it easier to seek legal action.
How Long Does an Employment Contract Review Take & What is the Process?
Reviewing an employment contract with a lawyer can take several hours or up to a few days depending on the contract’s complexity. First, there is an initial review where the attorney reads through the contract identifying key terms and conditions. Next, the lawyer will evaluate legal compliance and highlight potential risks. Finally, you’ll consult with the attorney to discuss any concerns and propose changes for negotiation with the employer. If there are changes, the attorney performs a final review before approval and signing.
Zeff Law Firm can help you through this process. We have extensive experience reviewing employment contracts, so contact us to schedule a free and confidential consultation.