WHY HIRE AN EMPLOYMENT LAWYER?
The “trust” relationship between Employee and Employer is an essential factor in the level of production and goals achieved during employment. A well-drafted Employment Contract provides a solid foundation from which the relationship and company can thrive and plays a key role in protecting the relationship between Employee and Employer .
An Employment Lawyer can help you avoid misunderstandings as to what is being promised by either party, which could prove to be fatal to the relationship and harm the employer and the employee. Unhappy employees, spawn more unhappy employees; it’s contagious and harmful in business and it puts into question “trust.” An Employment Lawyer can help employers and employees develop trust, keep the peace and avoid unhappy results.
An Employment Lawyer can help determine what each of the party’s priorities are. What may be a “material issue” to one party, may not necessarily be a “material issue” to the other party. If you are the employee or the employer, do not assume that the person drafting Employment Contract understands what is of great importance or concern to you with regard to the compensation and severance package. Engage an experienced Employment Lawyer to prepare a well-drafted Employment Agreement that clearly sets the important issues and concerns of both parties.
An Employment Lawyer will likely consider including the following issues in the Employment Contract:
1. The Term of employment; or if at-will, clearly state At-Will.
2. The title.
3. Describe of the position, including, duties and responsibilities.
4. The designated person or office to whom the employee will report.
5. Each party’s, expectations of commitment (e.g., travel, relocation, etc.)
In addition, an Employment Lawyer can discuss with option with regard to the following:
7. Gross-up for tax imputed to Executive’s income, arising out of benefits received.
8. Restrictions on activities outside of the scope of employment.
9. Compensation and bonuses.
10. Contingencies for compensation and bonuses.
11. Contingencies and timing of vesting of benefits.
An Employment Lawyer can also discuss matters that relate to separation such as the following:
12. Severance and other termination provisions.
13. Ownership of developments during employment and after employment ends.
14. Post-employment obligations (non-compete provisions, etc,).
15. Who gets reimbursed for attorney’s fees and costs in event of breach?
17. Governing law and other contractual provisions.
An Employment Lawyer can provide you with the information you need to make informed decisions, with regard to employment matters. Well drafted contracts are key to avoiding disputes, which can be harmful to all parties involved. Whether you are an employee or an employer, consider that it will be more expensive to remedy a problem then avoid it. In light of the above, ask yourself, can you afford not to engage an Employment Lawyer? Are you willing to take that risk? If not, look for and engage an Employment Lawyer with plenty of experience with Employment Contracts. The consequences of not having an Employment Agreement drafted by an experienced Employment Lawyer are often significant, long-lasting and costly.