Why should be put in an employment contract?
Most employees today are at-will and do not have a contract
governing the terms of their employment, but contracts are still used
in some fields such as in the medical industry or with high-level
executives. Having a well-tailored employment contract can be
vital to your employment experience. A properly tailored contract can
outline your obligations, compensation, training, evaluations, and
severance if terminated.
Why should I have my employment contract reviewed by an attorney?
An employer has a self-interest in providing you with an employment
contract that includes the most pro-employer policies possible. An
attorney can review the contract to make sure it provides fairer terms
including a "just cause" termination provision and appropriate
severance pay and benefits in the event you are terminated. An attorney
can also review any bonus or commission provision to ensure it is as
easy as possible to earn the bonus or commission. In short, you should
not assume that the initial contract you are given is fair. Only an
experienced employment attorney can ensure that your employment
agreement contains the best possible terms.
What to do if your employment contract has been breached?
Most employment contracts are for a fixed time period and contain a
clause that permits termination only "for cause". Disputes often arise
when an employer terminates an employee for an reason that does not fit
within the definition of "for cause". An employee in this situation has
a breach of contract claim. In other situations, an employer may
unilaterally modify contractual terms in violation of the original
contract and then retaliate against an employee for attempting to
enforce the original contract terms.