Employee Contracts
Employment Contracts
Most often employees are hired "at will" with no written contract. In some circumstances, however, employees insist on a written contract before coming to work. This typically occurs where the employee has special talents or training, and the demand for the employee's services is strong. Many employees are not in an economically strong enough position to insist on an employment contract; however, a written employment contract is usually to an employee's advantage if one can be obtained. An employment contract must be carefully reviewed because it may contain provisions not in the employee's best interests. You should carefully review an employment contract with an employment lawyer who will advise you of potential pitfalls and concerns. Provisions pertaining to wages, commissions, bonuses, and other methods of compensation should be reviewed most carefully, as these areas often present problems when the employment relationship ends.
Negotiating and drafting an employment contract can be a tedious and delicate process. The employment relationship is just beginning and the employee must be careful not to antagonize his new employer. The negotiating of the contract should not be an adversarial process; rather, the employee's goal should be to advocate persuasively for the terms and conditions he desires. The employer must be convinced that the salary and benefits requested by the employee are fair and that the employee's services will justify the requested compensation.
We at Maurer Rifkin & Hill have negotiated numerous employment contracts for our clients, and we will take the time to explain to you the "pros and cons" of each contractual provision to ensure that you fully understand the employment contract.
It is our goal to protect you and to get for you the best employment contract possible.