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Employment Agreements

What is an Employment Agreement?

An employment agreement is a contract between an employer and an employee which formalizes in a written agreement the terms of the employer-employee relationship.  It may be a relatively simple document (for example, addressing only wages or salary, and a starting date), or it may be a very complex document addressing numerous issues (for example, addressing scope of employment, vacation, compensation, stock options, bonuses and incentives, term of employment, specific events or actions which will permit termination of employment, employee benefits, non-competition, proprietary information, and arbitration).

When do I Need an Employment Agreement?

For a variety of reasons of very good reasons, employers may want a formal written contract which sets out the terms of the employer-employee relationship.  And for a variety of very different reasons, employees may want a formal written contract which sets out the terms of the employer-employee relationship.  However, an employee seldom has the leverage to dictate all of the terms and conditions of the relationship.  Therefore, the employer will control the content and scope of the contract.  The size and the sophistication of the employer will determine whether the prospective employee has any leverage to negotiate changes in the proposed contract.  However, a recruited employee may very well possess good leverage to negotiate document content and changes.

I assist employers and employees in the negotiation and preparation of employment agreements.

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