What is An Employment Contract Lawyer?
Employment contract lawyers focus, as the name implies, on the relatively narrow area of the law involving employment contracts. They typically represent either individual employees, or the company that is hiring a new employee (or promoting an existing employee), or both. Whether representing employees or employers, the work of an employment contract attorney generally involves the following tasks: Employees are often advised to consult an employment contract attorney when they are about to begin a new job with a written employment contract or are negotiating to make changes to an existing contract. In-house counsel for the company that has offered employment generally reviews the employment contract before it is sent to the prospective employee . However, even though these lawyers are representing the company, often they will encourage the employee to have the contract reviewed with an attorney for his side. If the parties cannot reach agreement, then what? In-house counsel for the employer may advise the prospective employee that the company understands that each prospective employee wants to consult an attorney, and that the offer of employment will remain open for a certain period of time. In-house counsel for the prospective employee can then give the prospective employee an understanding of what he or she might reasonably discuss with an employment contract lawyer, to assist the employee in decide whether or not to accept the job offer by the first company, or to continue the negotiations with that company. Generally, the final contract is then signed, after which the employment begins.
When To Retain An Employment Contract Lawyer
When Should You Hire an Employment Contract Attorney?
The most crucial time to hire an employment contract attorney is prior to signing a new position. For those who do not currently work with a contract, this is the best opportunity to take advantage of legal assistance. However, working with an employment attorney when your contract is nearing completion may help you as well. They can work with you to ensure your employer does not have any automatic renewals without your consent, nothing is written in the contract that would violate state or federal laws, and everything you were promised in your interview process is written into the contract. Additionally, it can help to have an attorney on hand to help you draft a response if you believe your employer is violating the terms of the contract.
Components Commonly Found In Employment Contracts
When drafting an employment contract, an employer must be mindful of some of the key elements that should absolutely be contained therein. While state laws vary as to what must be contained in the employment contract, the following key components are generally considered the minimum requisite contractual provisions:
- Job Title and Duties: The employment contract should include the employee’s position as well as the key responsibilities. This information helps define the employee’s role and will be important for other sections of the contract, such as the termination provisions.
- Compensation, Bonuses and Benefits: The contract should disclose the employee’s starting salary, when it is paid (i.e., weekly, bi-weekly, monthly) and whether he/she is eligible for a raise or bonus and under what circumstances.
- Restrictions: If the company has or will have a confidentiality agreement, a non-competition clause, a non-solicitation clause or restrictions on disclosing credit card holder information, the contract should include those clauses, which will otherwise be maintained separate from the employment contract.
- Termination: While an employee’s rights upon termination may depend on a number of factors, there is no reason not to address them in the employment contract so that both parties understand what to expect upon termination.
Typical Employment Contract Disputes and the Role of Attorneys
Employment contracts have a number of common issues that frequently lead to disputes. Disputes over employment contracts are accounted for in many different ways. The most common issues include wrongful termination, breach of contract, and contract enforceability. Attorneys can help provide legal solutions and effective representation to clients in court.
Wrongful termination occurs when employment contracts are not honored and a formal written employment agreement is created. For example, if an employee is hired for a specific duration of time, but terminated before that period, the terminated employee may have a wrongful termination claim. Similarly, if a contract provides that employee performance will be evaluated after a period of time, yet the employer immediately terminates a contract without evaluating the employee, the terminated employee may have a claim for wrongful termination. In order for an employee to have a valid claim for wrongful termination, the employment contract must be clear and specific with regard to the employment duration or employee quality control criteria.
Breach of contract occurs when the true intentions of a contract are violated or disregarded after signing. A breach of contract implies both a valid contract was formed and the terms of the contract were not fulfilled . A breach of contract in the employment context can occur if an employee is terminated for reasons that are not specified in the employment agreement. Breach of contract claims are common for claims associated with unpaid wages or benefits. In the Class of Actions of Employee Contracts: Breach of Contract, attorneys discuss requirements for establishing a breach of contract, which include the presence of a valid contract, consideration, and the violation of a term of the contract. In addition, attorneys may evaluate whether an employee can and should expect to be promoted. If an employee fulfills all of the employer’s specific expectations and is still not promoted, the employee may have a claim for breach of contract.
Contract Enforceability refers to the enforceability of the terms of a contract. For example, if an employee signs a contract in an effort to obtain a job that violates any federal regulations, an attorney would be able to explain the types of contracts that cannot be enforced.
Attorneys in the field of employment contract law possess the knowledge, skills, and also the experience necessary to explain legal options available to individuals who feel their employment contracts have been violated. In addition, attorneys are trained to analyze the specific terms of agreements. It is very important to speak with an attorney prior to taking any legal action involving employment contracts.
How to Locate an Employment Contract Lawyer
When it comes to choosing an employment contract attorney, there are several factors to consider to ensure that you are getting the best legal representation for your needs. First and foremost, you should look at the attorney’s experience and specialization in employment law. An attorney with years of experience focused specifically on employment contracts will have a deeper understanding of the nuances and complexities of the area of law. It is also important to consider an attorney’s success rate when handling similar cases. A good indicator of an experienced attorney’s ability to handle your employment contract needs is their track record in successfully resolving cases.
In addition to an attorney’s credentials, you should also take into account client testimonials and referrals. A well-regarded attorney in the field of employment law will usually come highly recommended from his or her past clients. Furthermore, an attorney that is held in high regard by peers may be a good choice, as they have been recognized by other attorneys familiar with their work.
One way to better understand the attorney’s style is to schedule a consultation. Before hiring an employment contract attorney, it is important to be aware of their strategy, personality, reliability, availability, as well as their ethics. Interviewing a prospective employment contract attorney can give you a better feel for whether you are comfortable with their representation or not. It is important to ask the attorney about their fees up front, so there are no surprises later.
Hiring An Employment Contract Lawyer
Employment contract attorneys have different fee structures and billing practices. Hourly fees, flat rates, contingent fees, and project-based fees are all options an employment contract attorney might use. Be sure to ask what fees apply before hiring an employment contract attorney.
An employment contract attorney might charge the following fees:
Hourly fees – which can range from $200 to $400 per hour and are billed in 15-minute increments. Attorneys generally only bill you when you’re in their office. If the attorney has to conduct research or meet with another professional for your case, you may be charged even more.
Contingent fees – If your attorney is confident about the outcome of your claim, they might handle your case on a contingency basis, meaning you will not pay your attorney anything if you do not win. If you do win, your attorney will receive a pre-established percentage of the verdict or award as payment. The range of fees on contingent-fee arrangements is approximately 20 to 40 percent of the settlement or verdict amount . Contingent fees are generally reserved for claims that deal with large amounts of money, such as employment contract cases that encompass a lot of future lost earnings. A good example of when to use a contingent fee arrangement is for a wrongful termination suit if there are substantial financial losses involved.
Flat fees – Flat fees allow you to pay for individual legal aspects of your case. Flat fees are generally in the range of several hundred dollars to several thousand dollars for obvious work such as drafting an agreement. However, flat fees should not be used to pay for things such as hourly work such as negotiating the agreement. As a rule of thumb, flat fees should always be used for all work that is predictable and discrete.
Project or stage-based fees – This means you will pay one set fee for a series of services that the attorney provides. A project-based fee structure is good for discrete issues but allows for flexibility.
Factors that may influence your employment contract attorney’s fees include the complexity of your case, the seriousness of your legal issue, the amount of time your attorney expends on your case, and whether you hire big firm or small-firm attorneys.