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Employment Contracts: Tips for New Employees…

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  • A written contract is preferred.  If the Employer does not give you a written contract, email the Employer with the terms of employment that are important to you, such as compensation structure, benefits, and job title/responsibilities.
  • Fixed Term Contracts are payable until the end of the fixed term, even if you are terminated earlier, unless there is language in that contract that permits early termination.
  • Watch for unfair termination provisions.  Unless the contract states otherwise, a terminated employee is entitled to reasonable notice of termination or pay in lieu of notice.  This can translate into months or years of termination pay.  If there is a termination provision in the contract, is it fair to you? Have you left a long-term secure position? Are you being required to relocate? Are your skills sought after?
  • Watch for non-compete or non-solicitation provisions.  Your employment contract should not prevent you from working in your chosen field or geographic location when you leave the job.
  • An employment contract is void without consideration.  In other words, there must be a give and a get. You get the job if you sign the contract or you get a raise if you sign the contract.
  • Consider whether you are an employee or independent contractor as these two types of workers are treated differently for tax purposes.
  • An employment contract could be one of the most important documents that you sign in a decade. Pay the money to retain a lawyer to review it on your behalf.

This information deals with complex matters and may not apply to particular facts and circumstances.  The information reflects laws and practices that are subject to change.  For these reasons, this information should not be relied on as a substitute for specialized professional advice in connection with any particular matter.

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