Employment Agreements

There are a number of things to consider when beginning an employment relationship. The usual issues of title, responsibilities, salary, benefits, and vacation only scratch the surface. For many jobs, other terms should be considered, including:

• Requirements for police or security clearances, for people who will be working with sensitive populations or where there will be a need for international travel
• Intellectual property protections for people who will be involved in creating or will have access to proprietary information
• Non-competition or non-solicitation provisions for people whose role will put them in a position to cause harm to the employer if they leave the company

Employment Letters or Contracts are Beneficial for Both Employers and Employees

At the beginning of the employment relationship no one wants to think about when and how it might come to an end. Both employers and employees can benefit from spending some time thinking about that and addressing it in the employment offer letter or contract. If there is no provision limiting severance entitlement, it will need to be negotiated at the time employment terminates when the relationship has typically become more strained.

Many companies use standard templates for their offer letters or employment contracts.

Both employers and employees should review documents carefully before finalizing terms to make sure that anything that varies from the typical employment situation is properly addressed in the document. Examples of situations where significant changes to template documents might be needed include: part-time hours; working from home; temporary or fixed-term circumstances; and consulting arrangements.

Carbert Waite LLP advises and represents employers and employees in every step of the employment agreement process, and offers legal counsel in the following areas:

• Employment Agreements for Start-Ups
• Employment Contracts
• Executive Employment Agreements