Employment Contract

Answer 1

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The Employment Contract is a contract between an employer and an employee that specifies the rights and obligations of each party to the Contract. Please note the following cautions:

• If the employer expects the employee to abide by the Contract, the employer must also follow the Contract.
• Do not use this document if the employee is covered by a collective bargaining agreement (that is, an agreement negotiated between a labor union and an employer).
• Lawsuits by employees against employers with respect to employment matters are increasing. Such suits are based on employment contracts as well as other matters such as injuries and discrimination. Many aspects of these lawsuits are ambiguous and uncertain because they are based on an oral agreement -- the employment terms were not put into writing. Although a written contract will not eliminate the possibility of a lawsuit, it may help to reduce that possibility because it codifies many of the terms of employment into an objective format.
• Employment laws vary from state to state and change as courts interpret the law through court decisions. This program will help clarify the employment relationship by presenting the typical issues. A lawyer should be consulted regarding any unique issues not addressed by this program.
• Employment "at will" is an important legal concept in many states, and careful attention should be given to the provision in the Employment Contract regarding

Answer 2

An employment contact is a legal document that sets the parameters of responsibility between contracting agents in an employment relationship. Employment contracts range from simple to highly complicated if they are the basis for transfers of large amounts of money. Employment contracts can be individual or collective, such as a union contract. Other than an employment contract, any laws that apply to workplace related incidents are governed by statutes within the state of employment or contract enforcement unless the individual is working for the federal government.

A general employment contract states the rights and responsibilities of each party and establishes qualifications for determining any contractual breach. This applies to both individual and collective employment contracts. The definitions of employer and employee are important in employment contracts because the individual contract denotes self-employment for the contracted worker. Determination of the actual employer is normally made by responsibility for the worker's compensation insurance coverage. This is often a primary reason for employing workers through individual contract, depending on the job. Potential contracting workers should be aware of worker's compensation insurance regulations.

Employment contracts also are utilized in many corporate and educational positions. A prime example is consulting businesses or professional services who are retained by employment contracts. The types of employment contracts range across all industries of both the public and private sectors. The common perception that employment is always a hierarchy relationship is changing as society and economics conditions advance.

There are both advantages and disadvantages of employment contracts, in particular for individual contracts. Most employment contracts will state a specific period of enforcement. Employment contracts can also be ongoing, such as with employment agencies, and settling disputes in these types of employment contracts can be problematic.

Employment contracts of this type also extend to intellectual property contracts. These contracts can include clauses that restrict a contracting agent's disclosure of trade secrets or competitive activity in the event the contract is terminated or expired. Intellectual property employment contracts can also include conditions that establish ownership or rightful use, as employment contracts are not always limited to specific activity among the contracting agents.