Everything You Need to Know About Hiring a Job Contract Lawyer

Basics of a Job Contract

A job contract should be a basic job description for your position to let you know what the company expects from you and what you expect from them. You need to be certain that you have the complete work description that will tell you what your job will be for the duration of employment. It is important that you understand exactly what the job entails to avoid misunderstandings in the future. It will include how long you will be working regardless of whether it is a permanent, part-time, or temporary position and whether there is a probationary period.
It should state the amount and frequency of pay and employee and employer obligations for taxes, overtime, commissions, insurance, and other benefits, as well as how to submit a request for deductions. It should include details about time off, such as the number of vacation days, sickness, disability leave and if wages continue to be paid or if an employee must apply for employment insurance. Details should also be included regarding maternity leave and whether the company will continue to pay benefits during leave, and when, or if, this time will be included in pension years .
The job contract should also contain clauses establishing clear policies on harassment and discrimination and how to report any grievances, as well as the company’s policy regarding the dismissal process. It is important to know whether or not the company has policies in place regarding Confidential Information and Non-Solicitation of Customers relating to any clients you may have brought with you to your new position.
Whether you are an employee or an employer, it is critical that you understand every component of a job contract and have an idea of whether the contract is enforceable so you can avoid any costly litigation. You must be aware of how a contract is written and whether or not it can be effectively enforced to protect the interests of your business as an employer or yourself and your position as an employee. A contract needs to be carefully considered and any changes that are required should be made before it is signed, as it may be difficult to amend after the fact.

What a Job Contract Lawyer Does

A job contract lawyer plays an invaluable role in ensuring that an employee’s rights are protected and that the employment contract is drafted in a manner (and reviewed/negotiated) that suits the requirements of the employee. An experienced job contract lawyer will know what terms to include in the employment contract and why, and will be able to include additional terms that may protect the employee from future disputes in the event the employment relationship comes to an end. If the employment contract was provided by the employer’s counsel, it will likely be drafted to primarily benefit the employer. For the similar reasons, it’s important for an employee to hire a lawyer to represent their best interests in negotiating the contract with the employer to ensure terms are included that both the employer and employee are comfortable with. For instance, if the employee is being terminated from their position, most employers will have a severance provision in the employment contract where the employee will receive a settlement upon termination in the form of continued pay or a lump sum. A lawyer will be able to draft a termination clause that is reasonable, whereas a contract drafted by the employer may contain a clause that significantly limits the employee’s rights to receive any compensation upon termination. A job contract lawyer will also be able to assist the employee by ensuring that the employment contract details the various terms of the employment, such as the job duties, base salary, commission structure, management rights to assign duties, vacation entitlements, benefits, and many other provisions. It is prudent to have the employment contract reviewed by a job contract lawyer before it is signed to avoid any potential future litigation related to breach of contract or misrepresentation given the potentially serious financial consequences the employee could face.

When to Get a Job Contract Lawyer

There are several scenarios where a job contract lawyer is necessary. For example, if you get in a dispute with your employer about the terms of your employment agreement, you must have legal assistance to make sure you are getting what you signed for. I have worked on cases where the employer just flat out did not honor the terms of the employment contract and it took a lawsuit and a long fight to set that straight.
Another scenario is when the contract you are about to enter into is very convoluted. There are no shortage of contracts of employment that seem designed to be confusing. It takes a strong understanding of how these contracts are worded and how they work to properly review and rewrite them. In these instances, I would recommend hiring a job contract lawyer to work out a favorable agreement with your employer.
It is very important not to sign any agreement until you are sure that it meets your needs. Don’t be afraid to ask your employer for the opportunity to have a lawyer look over the agreement. If they refuse and you are uncomfortable signing then consider walking away from the deal.

Advantages of a Job Contract Lawyer

While you may think that a job contract attorney is not necessary, consulting him or her can be highly beneficial. They’ll review your contract and provide the best advice as to how you should handle it.
For one thing, they can help prevent a potential legal problem down the road. Many employment contracts include clauses that can prove dangerous to the employee. For example, those who have non-compete agreements may find that they’re told they can’t work in their field for a year after separating from the company. This can drastically affect their ability to make a living. A job contract lawyer will be able to work with you to determine what is fair.
In addition , it’s common for businesses to revise employment contracts when hiring someone. They may be using an outdated or non-standard contract on employees. If you’re entering into a new contract and it differs from your old contract significantly, ask your attorney about it. Inquire as to whether it can be rewritten to be more in your favor. Whether it’s your first employment contract or your fiftieth, having a professional to advise you will ensure that your rights are protected.

Job Contract Lawyer Hiring Tips

Experience and Expertise
In considering whether you need the services of a job contract lawyer to review the employment contracts you’ve been asked to sign, it is important to assess the extent of your legal rights and obligations. Certain types of contracts can be especially difficult to negotiate with an employer. An experienced California lawyer can guide you in the negotiation process. Your lawyer can assist with negotiating terms such as:
This is not an exhaustive list of possible contract terms. It simply highlights some of the most common contract provisions that can benefit from the guidance of a job contract lawyer with expertise in California employment law. Review the proposed contract provisions carefully, especially items that appear to egregious.
Refer to client reviews of your potential lawyer. Search for reviews on independent sites. Your local state bar organization can also help by providing detailed information about your prospective attorney’s education background and track record. Find out how your lawyer approaches the negotiation process. Does your lawyer believe in negotiation or litigation? Find out the lawyer’s approach to litigation. You should feel comfortable in the presence and the management of your attorney. Make sure to review both the client reviews and the formal information available through the state bar organization.

The Cost of a Job Contract Lawyer

Hiring a job contract lawyer can be very cost effective in the long run. The costs involved in hiring a job contract lawyer vary from state to state. Additionally, there may be variations in billing rates based on the complexity of the legal issue.
For example, a case which would require court appearances is in most cases more expensive than a case that does not involve any court appearances. Some employers go so far as to choose a flat rate fee basis for the work involved.
Consultation fees are charged by some law firm in any state. Sometimes an employer may pay by the hour . The billing rate will depend on the size and financial strength of the law firm being retained to represent a company. Smaller law firm may charge a higher rate than larger law firms. In a small law firm, the overhead cost may be higher.
Most small law firms will charge a fee for consultation. In bigger law firms, an employer may consult with a lawyer for free. It is also important to know how often the law firm bills. Most law firms bill clients every month. Some law firms may bill by the quarter.
It is important to choose a law firm with a competitive billing rate. The fee structure should be fair.