An employee contract is a legal document between an employer and employee that outlines certain aspects of the employment relationship. Such aspects clearly define the employment terms and conditions before the employer and employee enter into a relationship. Additionally, these terms and conditions can benefit both the employer and employee.
A skilled employment attorney who specializes in areas of employment law such as contracts and handbooks can help you both write and understand an employment contract.
While these contracts can include nearly anything the employer and employee can and should expect from each other, below are some of the most common elements to any employee contract.
1. Terms of Employment
Generally, the terms of employment include how long the employee will be employed. For freelance or contract positions, this might mean for a specific amount of time or until a project is complete; for more traditional employment, this often means indefinitely or until either party terminates the employment relationship.
2. Employee Responsibilities
One of the most varying parts of an employment contract is the section detailing employee responsibilities. This is because every job is different; therefore, the expectations for each position differ. For example, a construction contractor’s employee responsibilities aren’t the same as a salesperson’s responsibilities.
3. Employee Benefits
Benefits can range from health and life insurance to disability pay and retirement plans. Sometimes, employment benefits include purchasing and/or owning stock in the business.
4. Employment Absence
Most often, employment absence includes factors such as sick days or personal leave and vacation time.
5. Dispute Resolution
Such resolutions might include methods such as mediation or arbitration to solve disputes between an employee and employer.
Owning a business is a huge accomplishment, but it can also carry a strong burden. As a business owner, you constantly worry about aspects of your business, whether it’s related to the intricacies of manufacturing consumer products or how to protect your business.
Even as a business owner, you aren’t alone. There are three major ways that having a Miami business lawyer on your side can benefit you and your company and keep your business safe.
1. Breach of Contract
As a business owner, you will probably enter many contracts and business deals with advertising companies, other business owners or a partner.
Because there are so many details in a contract or legal document, having a business lawyer by your side can help protect your business from any breach of contract that may occur. For example, an experienced business lawyer knows how to properly create a business contract, which gives a small business owner a peace of mind.
If the other party in the contract fails to follow any of the terms of this contract, then it has been breached. Your business lawyer will guide you through the steps of how to handle and protect your business from liability.
2. Protection of Business Assets
Protecting your assets is a great way to protect your business. A business lawyer can help you begin asset protection planning, which allows you to protect yourself from future potential lawsuits and keep any of your business assets out of creditors’ reach.
This kind of protection planning can be difficult to do on your own. A business lawyer can provide you with the information of how to properly protect your business assets, where to begin in the process, and how to correctly ensure your assets are safe.
3. Daily Issues
One of the main reasons why you should hire a Miami business attorney is simple: for any day-to-day questions and concerns you may come across, but don’t know who to ask for help.
Legal advisement is a great way to give yourself a peace of mind while running your business, knowing you are doing everything legally. A business attorney can offer you advice on issues such as drafting and negotiating contracts; customer, distributor, and non-disclosure agreements; and other concerns such as background checks and severance agreements.
