All About Employment Contract Review
Employment contracts, much like family law documents, are generally one-size-fits-all agreements. This may not seem like a big deal, considering that many people will have similar job details and provides for an understanding of the context within which all parties are to act. However, there are also elements of employment contracts that vary substantially from role to role, and can be given a bit more nuance in the contract when first signed.
These include salary, benefits, non-compete and non-disparagement clauses, termination conditions, or even whether or not a contract is renewable. In many cases, an employee may also wish to add to the contract additional items, even if their request is denied , so as to have a record of any discussion about the item. The bottom line is that there are a significant number of different factors that can be addressed in an employment contract, some of which speak to the health of the legal or professional relationship between employer and employee.
If you have concerns about whether your employment contract contains the protections that you need, or wish to explore the possibility of renegotiating certain items, it may be in your best interest to seek out the assistance of an experienced and qualified employment lawyer. Whether you are just starting on a new path, or simply considering changes to your current employment status, securing experienced legal guidance will help you understand whether or not your current circumstances are to your benefit.
Benefits of Hiring an Employment Lawyer in Your Area
Using a local employment lawyer in your geographic area makes it easier to meet with someone for an in-person contract review. This is also the lawyer who you may call upon in the future for employment issues that come up, so having a trusted relationship is key. Your lawyer may be able to identify potential problems as well as provide opportunities for future employment. Employment lawyers in your area are also likely to have a network that can help you as you transition from one job to another. Sometimes, employment lawyers will know of openings that have not been advertised or just have insight into positions that are a good fit for you. Being in your same area means that the employment lawyer you work with is very familiar with state laws particular to your location. This can be helpful if you typically work in more than one state to understand specific rules and how your contract could take into account your mobility between states. Geographic proximity also means convenience for any face-to-face meetings, which you may end up having more of the longer that you work together.
How to Locate a Good Employment Lawyer Near You
When looking for a reliable employment contract review lawyer, start with a simple online search to see which lawyers are in your area. On your favorite search engine, type in the keywords "employment contract review lawyer near me." If your search results are satisfactory, you can stop there. If you are not getting results, try using "employment agreement" in addition to "contract review" and "lawyer."
Depending on your local market, you may not have many options for contract review lawyers in your area, so don’t be afraid to expand your search to a nearby city or county if necessary. When you have a few probable options, compare the lawyers by searching their names on your local Bar Association website. Typically, local Bar Associations have an easy way to search for lawyers on their website.
You should also check to see whether any of the lawyers you are considering have been the subjects of a disciplinary action. Look up their reviews on online review websites, such as Yelp, YouTube, and Facebook.
Finally, if any of your friends, family members, coworkers, or other sources you trust can recommend an employment contract review lawyer, get in touch with them. Especially if you have a good rapport with the person referring you to the lawyer, they may be able to match you with a lawyer who was the right fit for them.
Average Fees and Costs of Hiring an Attorney
There are a variety of different methods lawyers utilize to bill for their services. Regarding attorney fees for the review of an employment contract, some may bill hourly (e.g., $150-$450 per hour), while others may charge a flat fee (e.g., $300-$750). Fees also can vary based on the location and reputation of the lawyer, the need for a retainer, and the complexity of the issue . It is best practice for any attorney you consider hiring to provide a range of attorney fees upfront when they are first contacted, and you should not be afraid to ask about fees if the lawyer does not provide that information to you. Likewise, the lawyer should accurately project the anticipated duration and scope of your employment contract review.
Essential Questions to Ask Your Employment Lawyer
Nobody wants to be involved in a protracted legal battle with employers and dealing with lawyers. When negotiating your employment contract, or if you suspect that your employer withhold information about your rights, it is important to speak to an employment lawyer who will help you understand all the options available to you.
Here are some questions that you might want to ask your employment lawyer:
- When and where did you go to law school?
- How long have you practiced employment law?
- Are you currently working with clients who are in situations like mine?
- What are your lawyer’s costs?
- How do your legal fees compare to other lawyers?
- Do you accept legal aid?
- How did you obtain this case?
- What do you expect your next steps to be?
- How long do you think this case will take?
- How long do you think my case will take?
- Have you won any awards for your work?
You want someone who will fight for you and keep you informed about your pending case, while also being professionally approachable enough that you can ask them questions as and when needed. A good lawyer will be someone who knows the terms of the offer letter from your employer of current date, and has dealt with similar cases in the past.
How to Prepare for Your Contract Review Meeting
If you are going to meet with an employment lawyer for an employment contract review you will want to make the most of that session. In this section we provide some tips to help you prepare to meet with an employment contract review attorney.
We recommend that you gather documents, make a list of any questions or concerns you have about your employment contract and jot down some notes about your career priorities and goals prior to your meeting with an employment contract review lawyer. Otherwise, you may forget some of your particular concerns and not be able to get the resources from the attorney that you were seeking .
It is generally a good idea to provide the employment contract lawyer with relevant documents that they will need to review. For example, if there is a non-compete clause, there is a good chance that the employment contract review attorney will want to know if you have signed any other restrictive covenants. In some states, particularly California, this is especially important given the long standing decision in ALCOA v. Pataki which held that prior restrictive covenants can have a substantial impact on whether a new non-compete is enforceable.