Legal Elements in Employment Agreements

BusinessLegal

  • Author Kamille Pagibigan
  • Published June 5, 2009
  • Word count 576

Employment Agreements

Agreements or contacts are normally used in employment to state the terms and conditions, to avoid any disagreements between employers and employees.

Advantages of Employment Agreements

Having a written employment agreement has its many advantages. These may include, but are not limited to, the following:

• Clearly specifies and records the terms and conditions of employment

• Gives investors or any other parties that are interested ease that the main employees’ services are secure

• Gives reassurance that employment is secure

• Prevents disagreements or disputes between involved parties

Disadvantages of Employment Agreements

Like any other thing, an employment agreement can also have its disadvantages. One is the lack of flexibility in the employer-employee relationship. For instance, in an event where an employer wants to change something in its discretion, the terms become fixed by means of the employment agreement, meaning it cannot be easily modified.

Furthermore, the ability to renegotiate the employment terms in the contract may be lost during the term of the agreement.

Elements of Employment Agreements

Before deciding on using a written employment agreement, it is important for an employer to review its terms with the legal assistance from competent attorneys.

There are instances in which handshake agreements might really work for the employee’s benefit. Various terms in employment contracts are usually included in paychecks and in employment manuals of the company. Such manuals generally give an overview on the terms of employment, such as sick leave, paid holidays, and vacations. There are even laws that are intended to make sure that employees are safeguarded from any form of workplace discrimination. For these reasons, it is crucial that you carefully consider all the necessary factors before making a written employment agreement.

Most employment agreements cover obvious issues, such as employee benefits and salaries. In addition to these things, the agreement should also cover certain elements. As an employee, you should first consider these elements (not limited to the following) before signing such contracts:

• Stock Ownership

If you are offered stock options or any other ownership, you should tackle down its terms. These may include opportunities for additional grants, your purchase price, and the vesting period.

• Signing Bonus

If there is a signing bonus, the agreement should set out the manner and time of payment, and also whether you are obliged to stay in the job for a particular period of time to be able to keep the bonus.

• Expense Allowance

Expense allowances might be better compared to paying expenses out of your own pocket and then just getting it reimbursed, as allowances may possibly be tax exempt.

• Relocation Expenses

Confirm details regarding the manner your employer will reimburse you and whether you are obliged to remain in your job for a particular period to be able to keep your relocation reimbursement.

• Employment Term

Make sure that the length of your employment term is stated in the agreement.

• Non-Compete Clauses

Written employment agreements usually have a non-compete clause, which prevents employees from competing with their employers for a particular period after they leave the company.

• Termination

An employment agreement should clearly state the grounds for termination, and also the benefits that may be given upon leaving the company.

Employment Agreement Attorneys

Having the aid of expert employment agreement attorneys is very important as they can guide you in every legal aspect of your concern. You should not hesitate to contact these attorneys because they can give you all the legal assistance that you need.

To help you with issues involving employment agreements and related concerns, consult with our expert Los Angeles corporate business attorneys. Visit our website and avail of our free case analysis.

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