Sacramento Employment Contract Attorney
Employees May Be Required to Sign Contracts
Whether you are starting a new job at a multinational corporation or a
career at a local grocery store, chances are you will be required to sign
some type of employment contract before you begin work. A properly-negotiated
and drafted employment contract can provide clarity to both the employer
and employee regarding each parties’ expectations of the employment
relationship. A poorly drafted contract, or worse - a contract that is
the result of little or no negotiation, can leave you with few benefits
and/or little recourse in the event of a dispute.
The solution is to consult with a California employment contract attorney
and have your employment contract reviewed. If the contract does not protect
your interests, I will advise you of this and may be able to help you
negotiate a more favorable employment contract. If your rights under your
employment contract have been violated, I can assist you in pursuing remedies
to which you may be entitled.
Common Employment Contract Terms
Each employer is free to utilize its own distinct employment contract.
In other words, there is no one “approved” employment contract
that all California employers must use. Nevertheless, many employment
contracts contain similar terms and address similar topics.
Some common topics addressed by employment contracts include:
- Whether the employment is “at-will” or for a specific duration;
- How the employee will be compensated;
- The specific job title and/or job duties the employee will be expected
- Behavior that is not tolerated by the employer and how such behavior will
- Circumstances that may result in the employee being disciplined or terminated;
- How disagreements about rights or obligations under the terms of the contract
will be handled;
- That any promises made to you have been recorded in the contract and that
the contract represents the entirety of your agreement with the employer.
Like any other contract, you should take the time to read your employment
contract before signing. It is very difficult to change an employment
contract after it has been signed by all of the parties. If you are uncertain
about any term or provision of the contract, voice your concern and ask
to speak with an attorney before signing.
Beware Employment Contracts Containing These Terms
It should cause you great alarm if you notice any of the following terms
in your employment contract. Not only do these terms put you at a disadvantage
in the employment relationship, but they may also be illegal.
Avoid employment contracts with these terms:
- Promises that you will not compete with the employer or work for a competitor
if your relationship with the employer is terminated (these non-compete
promises are generally void and not enforceable in California);
- Agreements that you will give up your rights to breaks, meals, overtime
pay, or other benefits guaranteed to you by state and federal law;
- Terms of dispute resolution that heavily favor the employer, such as terms
that (1) allow the employer to select the method of dispute resolution;
(2) allow the employer to exercise complete control over the dispute resolution
process; or (3) force a court to utilize a particular state’s laws
to decide disputes where that state’s laws are very “employer-friendly.”
Consult with a Reputable Sacramento Employment Law Attorney
The Law Offices of Gay Carroll-Haring is here to assist you in understanding
your employment contract and the duties and obligations you are agreeing
to by signing it. When you encounter an issue, contact my office. Whether
you are questioning if you should enter into a new employment relationship
or you have been employed by the same individual or company for decades
but are experiencing contract violations, it is never too late to learn
about your rights and duties under the terms of your employment contract.
Contact me for assistance by calling 916-443-3553.