what kind of lawyer do i need for new employment contract

Do you need an attorney to view an employment contract?

Oct 30, 2020 · Lawyers can work in a law firm with other lawyers, with a partner, or practice by themselves in a solo practice. In most cases, a lawyer will be chosen based on the type of case, or practice area, and the location of the case. Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases.

How to hire a lawyer for an employment issue?

If you need advice about an employment agreement or contract, you should contact an employment lawyer. An experienced employment lawyer near you can review the facts of your matter and advise you on how to proceed. The lawyer can also represent you at mediation, arbitration, or court proceedings. Daniel Lebovic LegalMatch Legal Writer

Do I need a lawyer to draft a contract?

Should I hire a lawyer before signing an offer?

Can I ask my employer for a new contract?

What makes a valid employment contract?

What should I look for when signing an employment contract?

What are the 3 types of employment contracts?

How binding is a contract of employment?

What are some issues you should be aware of before signing a contract?

What to say after signing a contract?

Can you work without signing a contract?

What is an employment contract?

An employment contract may be oral or written. An employment contract may address the same terms and conditions as an employment agreement does. These include rate of pay, job description and duties, bonuses, and expense reimbursement, promotion, and demotion.

What is the advantage of a written employment agreement?

An employment agreement can be verbal or written agreement.The advantage of a written agreement is that the parties have a reference source in the event of a dispute. If the agreement is verbal, subsequent disputes may arise as to its contents.

What is an employment agreement?

An employment agreement is an arrangement or understanding between an employer and employee. The arrangement describes the terms and conditions of the employment relationship. An employment agreement is different from an employment contract. An employment contract is an agreement that, if breached, can be enforced in court, by a judge.

What is the termination clause in an employment agreement?

These include: A termination clause: This clause may address what constitutes grounds for termination, and whether an employee may re-apply for their current position or another one.

Can an employer and employee attend mediation?

The clause can require the employer and the employee to attend mediation or arbitration, in lieu of, or before, litigation. Employment agreements can be entered into before an employee begins work, or once the employee starts working. The terms of the employment agreement may be re-negotiated.

Do employment agreements address sick leave?

Many states have laws providing that employment agreements need not address matters such as sick leave, vacation leave, and paid time off (“fringe benefits”). These laws provide that if the agreement does address these matters, the parties are bound by what they agreed to.

What are the laws that prohibit discrimination?

Federal and state nondiscrimination laws prohibit discrimination in employment on the grounds of race, religion, gender, national origin, disability, or age. If an employer discriminates in an employment agreement, the employee may file a complaint with the state department of labor, and may be entitled to sue the employer in court.

How to find a good employment lawyer?

Word of mouth is one of the best ways to find a reputable lawyer. Even if your friends or family don't know any employment lawyers, they might know other lawyers—such as a family lawyer or estate planning lawyer—who can provide a recommendation. Keep in mind that individual preferences for a particular lawyer are guided by intangibles such as personality or your comfort level with the person. Here are a few questions you may want to ask a person who gives you a glowing review of a particular employment lawyer: 1 Did this lawyer respond to all your telephone calls and other communications promptly? 2 Did the lawyer take the time to listen to your explanation and understand your situation fully? 3 Were all the bills you received properly itemized and in line with the cost projections you got at the start of your case? 4 Did this lawyer personally handle your case, or was it handed off to a younger, less-experienced lawyer in the same firm?

Do employment lawyers charge hourly?

Some employment lawyers charge on an hourly basis instead of a contingency fee. This can be advantageous for an employee if the scope of the work is relatively small, such as reviewing a contract or negotiating a better employment package.

How much does a lawyer charge for a consultation?

However, others will charge a reasonable fee for legal advice. A charge of between $75 and $250 for a one-hour consultation is typical.

What do you pay a lawyer for in a contingency agreement?

Sometimes, a lawyer working under a contingency agreement will require that you pay all out-of-pocket expenses, such as filing fees charged by the courts and the cost of transcribing depositions—interviews of witnesses and others involved in a lawsuit who may provide additional information about the facts and circumstances. If so, the lawyer will want you to deposit a substantial amount of money—a thousand dollars or more—with the law firm to cover these expenses. From your standpoint, it is a much better arrangement for the lawyer to advance such costs and get repaid out of your recovery. A commonsense arrangement might involve your advancing a small amount of money for some costs, with the attorney advancing the rest.

What to do if you have a workplace dispute?

If you have a workplace dispute with your employer, you might need to hire an employment lawyer. While some issues can be resolved with open communication, often times, a lawyer is essential to getting compensation or other justice for workplace violations. This is especially true if you were fired for a discriminatory reason, ...

Aspects of an Employment Contract to Review

When it comes time to review a contract for the first time, having a lawyer by your side will ensure you understand every word. The areas of interest to look at particularly closely include the following:

Choosing a Lawyer to Look Over Your Employment Contract

As a potential employee, it’s understandable to be wary about bringing a lawyer into the mix when it comes time to sign your contract. You may be worried about appearing aggressive or difficult by consulting a lawyer. With some employees, however, there’s an expectation that an attorney will assist with negotiations.

Work with a Lawyer You Can Trust

If you have questions about your employment contract, contact us before you sign. Not only can we explain the legal terms in a more easily understandable manner, but we’ll review the document and make sure it’s beneficial for you and your relationship with your future employer.

Do lawyers come cheap?

After all, lawyers don't come cheap. If you run to a lawyer every time you have to make an employment-related decision, you will quickly go broke. The trick is to figure out which situations require some expert help and which you can handle on your own.

What can a lawyer do for you?

A lawyer can quickly review and troubleshoot employment-related agreements you routinely use with your workers , such as employment contracts, severance agreements, or releases. A lawyer can check your contracts to make sure that they contain all the necessary legal terms and will be enforced by a court.

Why do you need a lawyer?

A lawyer can help you make difficult decisions about your employees. Firing. Particularly if you are worried that an employee might sue, you should consider getting legal advice before firing an employee for misconduct, performance problems, or other bad behavior.

What to do if an employee sues you?

If a current or former employee sues you, speak to a lawyer right away. Employment lawsuits can be very complex. You have to take certain actions immediately to make sure that your rights are protected -- and to preserve evidence that might be used in court.

Can an employer handle administrative matters?

Although some employers can and do handle these administrative matters on their own, most could probably benefit from some legal advice on the strength of the employee's claim, how to prepare a response to the charge, how to handle an agency investigation, and how to present evidence at the hearing.

What should be included in an employment agreement?

Salary, benefits, bonuses, equity, opportunities for professional development, and any other form of compensation you’ve been offered should be included in the employment agreement. An attorney can help you ensure everything you were promised is there in writing.

Do you have to give extended notice to a new employer?

Leaving your job and termination of employment. Your new employer may require you to provide extended notice before leaving or retiring. While this might not seem relevant today, it could be important if you decide to move on or retire by a certain date.

Do you have to check if a non-compete agreement is included?

Even if you have never worked for a company that uses non-compete agreements, it is wise to check your employment agreement to see if it is included. In New Hampshire, there are laws regulating non-compete agreements. Having an attorney review your contract helps ensure that it is legal and helps you understand your obligations before you sign.

Is a non-compete clause appropriate?

A non-compete clause may be appropriate depending on your industry and job title. Even if you have never worked for a company that uses non-compete agreements, it is wise to check your employment agreement to see if it is included. In New Hampshire, there are laws regulating non-compete agreements.

Want Peace of Mind? Contact an Attorney Before You Sign!

When it comes to signing an employment contract, you have a few options. You can leave the offer on the table and walk away. You can also look the contract over yourself, give the employer the benefit of the doubt, and sign on the line.

An Attorney Can Help You Negotiate Better Terms

While you always have the option of proceeding without an attorney, there are instances when an attorney can help you negotiate better terms (i.e. more money, better benefits, perks, etc.).

What to do after you draft a contract?

After you’ve completed the first draft of your employment contract, have an attorney or legal professional view the contract to make sure it’s in accordance with all applicable laws. This may help protect your business from future litigation regarding employment contracts.

What happens if an employee refuses to sign an employment contract?

If an employee refuses to sign an employment contract, then they are forfeiting the position and choosing not to work for your company. In some circumstances, you could renegotiate certain parts of the employment agreement so that both parties are happy and the contract gets signed.

What are the advantages of an employment contract?

Here are a few of the key advantages of employment agreements: Employment contracts are legally binding documents that employers and employees agree to. This reduces the chances that one party will take legal action later on.

What does an employee agree to in a contract?

The employee agrees to carry out the responsibilities and duties set out by this contract and their job description. The employee also agrees to comply with all company policies and procedures.

What is an employment agreement?

Employment agreements usually state which parties are entering into the contract. Consider clearly writing out your business name and the name of the person you’re hiring. Example: ‘This employment agreement is between Atlas Corp. (‘the Employer’) and Samuel Johnson (‘the Employee’).’. 3.

What are the terms and conditions of an employment contract?

Employment. The employee agrees to carry out the responsibilities and duties set out by this contract and their job description. The employee also agrees to comply with all company policies and procedures. 2.

Why do you need an attorney for a contract review?

Being financially prepared to hire an attorney to assist in your contract review will reduce financial stress and ensure that you're in the best position to set yourself up for success in your career.

Why do physicians choose to negotiate with their employers?

Some physicians choose this type of arrangement because they feel comfortable negotiating with the employer directly or want to keep legal costs down. Many physicians though prefer to have an attorney review and negotiate the contract.

Can a lawyer review a LOI?

Consequently, a general business lawyer, such as an attorney who handles real estate transactions for your family, may not be the right lawyer to review your contract or LOI. Just as there are physicians who specialize in different aspects of the practice of medicine, there are lawyers who specialize in reviewing physician employment agreements.

Advice on Employment Decisions

Representation in Legal Or Administrative Proceedings

Reviewing Documents

• Contracts and agreements.A lawyer can quickly review and troubleshoot employment-related agreements you routinely use with your workers, such as employment contracts, severance agreements, or releases. A lawyer can check your contracts to make sure that they contain all the necessary legal terms and will be enforced by a court. If you have included...

See more on nolo.com

Next Steps