what kind of lawyer you hire to read your employment contract

by Hoyt Powlowski 7 min read

An employment contract review is performed by an employment lawyer to analyze an employment agreement between an employer and employee for fairness, thoroughness, and legal compliance. Most companies hire lawyers to write their contracts.

What type of lawyer should I hire?

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.

Why do I need an attorney to review my employment contract?

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What does a contract lawyer do?

 · An employment lawyer can help review or prepare contracts and agreements that you use with your employees such as employment contracts, severance contracts, or releases. Of course workplaces are subject to many different types of regulation by a number of different local, state and federal agencies, for example, OSHA.

What should I look for when hiring an employment lawyer?

You need a labor and employment attorney. Since you are in Chicago the aswer is easy. Call the Chicago Bar Association Lawyer Referral Service (312) 554-2001. The CBA keeps list of …

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Should I have a lawyer review my offer letter?

The offer letter is not necessarily binding, but if you do accept an offer, you are an employee-at-will, and your employment can change at any time.” It's always wise to review a job offer or contract or offer letter in detail and with a lawyer.

What should I ask for in an employment contract?

7 things you need to include in an employment contractJob information.Compensation and benefits.Time off, sick days and vacation policy.Employee classification.The schedule and employment period.Confidentiality, privacy and responsibility.Termination, severance and survival.Better employment contracts with PandaDoc.

What are the disadvantages of hiring a lawyer to draft or review a contract?

On the other hand, some drawbacks of hiring a contract review attorney may include:Spending unnecessary funds on hiring an attorney to review a simple and straightforward agreement;Having to wait for an attorney to review a contract, which in turn, will delay signing it and moving forward with a business deal;More items...•

What is an executive employment agreement?

An executive employment contract is a written employment agreement, usually made between a highly compensated executive and an employer, that contains more expansive terms and conditions than an ordinary employment agreement. Executive Employment Contracts from the Executive's Perspective.

Can I negotiate my employment contract?

Don't: be afraid to negotiate You can take your time with it, too. You don't have to say yes to any offers immediately, employers will offer you a bit of time to mull over your decision when negotiating your contract. Not only that, but not negotiating could even have a negative impact on how your employer views you.

What should you do if the employment contract contains something you do not understand?

Discuss and negotiate If you find things in the contract that you don't understand or have been omitted, you should speak with your potential employer about them first. The employer should respect you for doing so, as it is in the interests of both parties that the contract clearly states all the relevant details.

What do you call someone who drafts contracts?

In legal opinions, a person who writes a contract is often called a drafter, or if the person who is bound by a contract writes it him or herself, a party to the contract.

Who can draft a contract?

Essentially, anyone can draft a contract on their own; an attorney is not required to form a valid contract.

Who will draft contract agreement?

In this regard, legal professionals are considered the safest bet for drafting and/or review of a contract, for they are not only well-versed with the applicable law but being a part of the day to day legal happenings even know the construction and interpretation of certain terms that call for disputes. 2.

How do you negotiate an executive employment contract?

5 Key Considerations When Negotiating an Executive Employment AgreementProtect the Company's Confidential Information and Property. ... Restrictive Covenants Are Important, But Should Not Overreach. ... Set Clear Grounds and Procedures for Termination of the Agreement.More items...•

In what terms does executive agreement protect the employer and the employee?

Executive Employment Agreements These agreements typically include the duration (or “Term”) of employment; the executive's compensation (including incentives or bonuses), benefits, and equity arrangements; and the duties and responsibilities of the executive and employer.

Is a void contract a contract?

A void contract is a formal agreement that is effectively illegitimate and unenforceable from the moment it is created. A void contract differs from a voidable contract, although both may indeed be nullified for similar reasons. A contract may be deemed void if it is not enforceable as it was originally written.

What should I know before signing an employment contract?

Know you working hour before signing contract. You should make sure how many hours you have to work in a day, including the allocated time for lunch or breaks. Check whether you need to work overtime or even in weekends and if so how will you be paid for this.

Should I ask for an employment contract?

You are going to have to ask for an employment contract because an employer is unlikely to offer it to you unless you at at a VP level. Sometimes even VP-level folks don't get offered contracts so you have to make the employment agreement part of your job-offer negotiation.

Should you accept a job offer immediately?

Most experienced professionals do not accept a job offer immediately. You never have to accept a job offer on the spot, and you will not lose job offers by asking for time to review the salary, benefits, and more.

How do I ask for a new job contract?

Try writing something like, "I am writing to confirm the details of my employment. When can I expect to receive a formal employment contract? I would be happy to start as soon as possible or as needed."

Why do employers write employment agreements?

Employers often write employment agreements—or hire attorneys to do it—aiming to protect the interests of the company or organization. It makes sense for new employees to also have someone on their side. An attorney can not only review the legal elements of the agreement, but can also explain more complicated aspects in layman’s terms. Signing an employment agreement that does not meet your expectations can lead to an unsatisfying work environment or unpleasant circumstances at the end of employment.

What does it mean to review an employment agreement?

Reviewing your employment agreement with an attorney will ensure that the terms discussed before the offer was made are in the contract as you initially understood them . For example, if you were offered stock options based upon performance, a lawyer can review the benchmarks that you will need to meet to receive that benefit according to what is outlined in the agreement.

What is an employment agreement?

The employment agreement formalizes your job title and description. It is to your benefit to have an attorney review these responsibilities so you can evaluate if you are being fairly compensated and if the role you are accepting meets your expectations.

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.

Why do contract lawyers charge different rates?

Rates can vary due to many factors, including expertise and experience, location, and market conditions. Learn about the cost to hire a contract law professional.

What is contract law?

Contract law professionals are lawyers, paralegals, and legal professionals who support clients with projects or issues surrounding contracts. Contract law professionals are often needed when one or more parties breach agreements that were laid out in a contract, but they also assist with writing strong contracts and reviewing existing contracts.

What are the skills of a paralegal?

My skills as a Paralegal include: *Familiarising myself with the facts of the case * Familiarising myself with the relevant laws including case law that applies * Conducting extensive research on the topic and picking out the main points on it * Writing a high-quality draft legal paper. Keeping in mind the main issues of the case * Going through the draft to make sure there are no mistakes and that the flow is right My skills as aLawyer include: * Understanding the facts of the case and advising my client on the best legal action...

What is an international lawyer?

International lawyer, licensed in two countries and ready to help you with your international transactions by providing uncomplicated legal solutions. I have a solid international legal experience, having worked in Brazil, USA and Chile, by providing legal advice to companies incorporated under the laws of Australia, Portugal, USA, China and Brazil. Not only I'm capable of providing tailored legal advice regarding Brazilian and New York Law (USA), I'm also qualified to advise you on matters regarding public or private international law, such as: * Contracts for the International Sale of Goods under the CISG; * Corporate contracts; *...

What is Linch Legal?

Linch Legal, Inc. provides legal services to start-ups, small, and medium-sized businesses. The firm specializes in corporate and contractual matters for businesses in every part of the business cycle, from inception to exit and everything in between. We are focused on allowing your business to thrive through elegant, common-sense legal solutions at a good price point. We handle everything from small, one-off matters to full-service representation on large projects. Some of my more recent legal work includes (among other things): - Full company legal representation in VC financings with target companies into the +$100M valuation range. -...

What can an employment lawyer do?

An employment lawyer can help review or prepare contracts and agreements that you use with your employees such as employment contracts, severance contracts, or releases. Of course workplaces are subject to many different types of regulation by a number of different local, state and federal agencies, for example, OSHA.

What can an employment lawyer advise employers about?

Of course, an employment lawyer can also advise employers about their rights and responsibilities regarding union workers and efforts of employees to unionize in an employer’s workplace.

What are the legal issues that employment lawyers handle?

Employment lawyers handle employment-related legal issues, including: Wrongful termination; Workplace discrimination; Sexual harassment; Contract violations;

How much does an attorney charge per hour?

Hourly rate: Most attorneys charge for employment cases according to a set hourly rate. In California, the median attorney hourly rate starts at $350 for smaller, less experienced firms and $450 for larger more experienced firms.

What to do if an employee is not unionized?

If an employee works in a non-unionized workplace and wants to try to unionize, the employee may well want to consult an employment lawyer. An employment lawyer can help by advising employees about their right to form a union and the activities in which they can engage in connection with that effort.

Why does an employer retaliate against a person?

The employer has retaliated against the person because they exercised a right such as requesting overtime pay to which they are entitled by law;. The person’s employment has been terminated in violation of an employment contract, express or implied;

What to do if you have a dispute with your employer?

If you are involved in an employment-related dispute, or if you need to ensure that you are in compliance with the many local, state or federal laws relating to employment, you should contact a local employment law attorney for assistance.

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.

Void for Lack of Consideration

An employment contract that lacks consideration at the time it is signed will be deemed void. An employment contract, like all other contracts, requires three things to be binding:

Failure to Provide Benefits During the Notice Period

Employment contracts often contain provisions detailing the amount of notice to be provided to the employee in the event the employer decides to terminate the employment relationship. Such provisions must comply with the minimum requirements set forth in the ESA, otherwise they will be deemed invalid.

Implied Probationary Periods

Another common error found in poorly drafted employment contracts are provisions which provide for probationary periods that are either inconsistent with the ESA (i.e., they allow for termination without notice of employees who have been continuously employed for three months or more) or are vague and do not define what “probationary period” actually means.

How we can help

Whether you are the employer or the employee, the contract codifying the relationship is incredibly important. Having the employment contract properly drafted by a skilled lawyer is essential if you are an employer.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is the best legal option for a lawsuit?

Suing someone, or responding to someone’s lawsuit against you? An attorney who specializes in civil litigation will be your best legal option. You may also find that different attorneys will specialize in different litigation areas as well. For example, a corporate litigation lawyer should have the expertise to help you with commercial litigation issues.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What can an employment lawyer do?

An employment lawyer can draft employment contracts and advise the employer on the policies and practices they need. They can also create an employee handbook containing the employer's policies and other important information that employees will need. Employers can also hire an employment lawyer—preferably the same one—to review their policies ...

Why do employers need an employment lawyer?

Sometimes an employer needs an employment lawyer to help them avoid future legal problems, such as by ensuring that their employment contracts and policies comply with all applicable laws. An employment lawyer often becomes necessary when a dispute arises with a current or former employee.

What is the relationship between an employer and an employee?

The employer-employee relationship is subject to many legal requirements and restrictions. At one level, employment is a contractual matter between an employer and each of their employees, or between an employer and a labor union authorized to bargain collectively on behalf of the employees. Employers need to understand their rights ...

What can an employer do to help employees?

Employers can also hire an employment lawyer —preferably the same one—to review their policies and contracts periodically and advise them on any changes in the law.

What is the job of a litigation lawyer?

This is the type of law most often portrayed in television and movies. Employment lawyers can be either transactional lawyers or litigators, or both.

What are the laws that prohibit firing employees?

Most U.S. states have " at-will employment " laws, meaning that employers can fire employees for any reason, or for no reason at all, as long as it doesn't violate the law. Laws against employment discrimination prohibit firing employees because of factors like race, sex, religion, or disability. At the federal level, these laws include: 1 Title VII of the Civil Rights Act of 1964 2 The Americans with Disabilities Act 3 The Age Discrimination in Employment Act, and 4 The Genetic Information Nondiscrimination Act.

What to do if you need advice on an employment matter?

If you're an employer and you need advice on an employment matter—or legal representation in an employment dispute—don't hesitate to consult an experienced attorney.

What does an employment lawyer do?

Employment lawyers perform the necessary research, present clients with their findings, lay out options, and represent their hirer in court or other legal meetings.

What are the situations that people often retain or consult an employment lawyer?

People also often retain or consult an employment lawyer when they believe they might be experiencing one of the following situations at work or in the hiring process: ageism. racism. sexism. harassment. pregnancy discrimination. discrimination due to a disability. unfair firing.

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."

How many firms did James speak with?

James spoke with three firms before choosing one that impressed him with its responsiveness from day one.

What to do if you don't know anyone to ask for a referral?

If you don't not know anyone to ask for a referral, Levey suggests contacting the local bar association for information on attorneys in the area.

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Is It in The Employment Agreement?

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Reviewing your employment agreement with an attorney will ensure that the terms discussed before the offer was made are in the contract as you initially understood them. For example, if you were offered stock options based upon performance, a lawyer can review the benchmarks that you will need to meet to receive that bene…
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Job Title and Description

  • During the interview process, you likely discussed the specifics of the position and what would be expected of you if you were hired. In some cases, the employer may not have gone into specific detail regarding the job and the role you will be asked to play. The employment agreement formalizes your job title and description. It is to your benefit to have an attorney review these res…
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Is There A Non-Compete Agreement included?

  • 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. Having an attorney review your contract helps ensure that it is legal and h…
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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. The employment agreement should also note whether you can be terminated without cause, which some people refer to as termination at will, or if you can only be terminated for cau…
See more on uptonhatfield.com

Protecting Your Best Interests

  • Employers often write employment agreements—or hire attorneys to do it—aiming to protect the interests of the company or organization. It makes sense for new employees to also have someone on their side. An attorney can not only review the legal elements of the agreement, but can also explain more complicated aspects in layman’s terms. Signing an employment agreeme…
See more on uptonhatfield.com