Do You Know About the Implied Employment Contract?

Posted on: September 25, 2009 by: admin

Darren Middleton (left) and Jon Coghill (right...

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When you become employed by a company there is an implied contract. The employee handbook is the reference for any employer and employee expectations. It is required that the handbook is to be read and signed off on. While that should be enough for a general labor there are others employees who need further, more extensive contracts. A Dade County employment contract attorney is able to help with all aspects of contracts whether for common labor or executive positions. The absence of a detailed contract agreement between the employer and the employee may many times lead to conflicts that have legal implications.

The contract agreement drawn up by an employment contract attorney will explicitly provide for the terms and conditions from both the sides of the employer and the employee. If there are any conflicts the employee manual and state laws will be the point of reference. Any contract should specifically state the job description, pay and benefits, work-site rules and conditions, termination and protection clauses regarding intellectual rights, non-competitive and non-disclosure. If an employee would like to have their attorney review the contract they should be allowed to do so. There will naturally be time limits for this review. With so much potential for contracts to be interpreted in many different ways there is a greater chance of contract violation. This can be true for both employers and employees.

In Florida: non-compete attorney Palm Beach County

Should an employer or employee violate the terms of agreement there may be just cause for a law suit. Another role for an employment contract attorney is to help employers who may have a good reason for legally charging an employee. With a review of the agreement an attorney can sort out what has occurred and provide legal advice and representation. Normally the employees take the help of an attorney who has no conflict of interest with their employer, for advice against any contract violations in their employment.

Also note:  Broward County wage and hour attorney

It would be in the interests of both the employer and the employee to settle their disputes at the mediation table without going to the court. As the interpretation of employment contract agreements would require knowledge of legal terminologies and the labor laws, both the employer and the employee would seek the assistance of their own respective attorneys. If an employee is fired then some employers will offer a severance agreement. This agreement states that an employee will not file a legal suit against the employer. In turn the employer offers a severance package which includes payment. While it may be tempting it is not advisable to sign such an agreement without legal counsel.

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