If this is the employment agreement page, we need to add an introduction to employment agreements. We need to say that employment agreements should be customized for each particular employment relationship, for example executive agreements, regular employee agreements and contractor/consultant agreements. Employers should consider whether it is a fixed contract or an employment relationship for an indefinite period of time. Employers also need to consider the desired termination arrangements, either notice formula, fixed notice or minimum standards entitlements. Termination entitlements for executive employees may also include a share incentive plan or stock options. We can help with each of these at Roberts & Obradovic Law.
At a minimum, employment agreements should include provisions for:
- Job duties and right of employer to make reasonable changes to job duties
- Remuneration provisions (setting out how employee will be compensated)
- Benefits (if employee will participate in employer’s group benefits plans)
- Vacation entitlements
- Termination provisions and what constitutes just cause
- Confidentiality and non disclosure obligations
- Ownership of intellectual property rights (if applicable)
- Non-competition and non-solicitation provisions (this area of law is complicated, and they should seek guidance on enforceability of such provisions)
- Warranties and representations where employer is concerned about existence of any restrictive covenants from employee’s previous employer
We can help employers with:
- Offer Letters
- Employment agreements
- Executive employment agreements
- Independent Contractor Agreements
- Confidentiality and IP Rights Agreements
- Non Disclosure Agreements
- Non-Compete and Non-Solicitation Agreements
- Employee Bonus Arrangements
- Share Incentive Options, including Stock Option and Phantom Share Plans
- Secondment Agreements
- Last Chance Agreements
- Disability Accommodation Agreements
- Workplace policies
- Promotion Letters
- Termination and Layoff Letters
As an employer, going through a lawsuit because an employee claims wrongful dismissal can be costly. Not to mention the stress that everyone has to go through.
Conversely, it is every employer’s desire to have their employees exit gracefully when it’s time to leave. That can only happen if you take prudent steps right at the very beginning. This failsafe method comes in the form of exit agreements.
Although this type of agreement is not required by law, it is a practical way of ending an employment relationship without any lawsuit happening. A separation and release of claims agreement (sometimes known as the “severance agreement” or “exit agreement”) is a contract between an employer and a departing employee that sets out the terms under which the employee is leaving the employment relationship, as well as a release from future legal claims by the employee. It is essential for top management, and people who hold company secrets, and who directly deal with clients.
When an employee leaves the company or has been terminated, there are a number of things that an employer can require their employees to do as well as things they cannot do against their employees legally.
As an employer, you can present those terms in an exit agreement. The terms and conditions in that agreement will protect you and give you legal recourse if the employee breaches those terms.
Why Choose an Employment Attorney at Roberts & Obradovic?
Drafting or creating employment contracts can be quite tricky. They have to be in accordance with statutory guidelines. More so, they should be thoroughly evaluated by an employment lawyer to ensure the contract terms and conditions are within legal bounds, enforceable, and binding. If there are changes in an employee’s position, the contract should be updated.
When it comes to navigating the complexities of creating employment contracts, no one has a better understanding of labor issues than our employment lawyers at Roberts & Obradovic.
Let us help you draft and create the most suitable employment contract for your business. We understand that each organization has unique needs and requires a unique approach.
Talk to one of our employment lawyers and find out how you can have fewer HR risks in your company. There are different safeguards to the enforceability of these employment contracts.
What Should be Included in Termination Letters and Exit Agreements?
Return of Property
It should be stated clearly in the exit agreement that when an employee leaves or is terminated, they should return any property that belongs to the company or organization. Company property includes company documents, software, car, phones, credit cards, and more.
Businesses and organizations need to protect their ideas, important documents, designs, and business materials from getting leaked outside the organization. And this is the primary purpose why exit agreements are in place. They ensure company information and resources remain confidential.
Non-disclosure clauses also limit ex-employees from disclosing trade secrets, intellectual property information, client lists, patents, and more.
It prevents a former employee from engaging in a similar business as their previous employer. The exit agreement will specify how long a former employee cannot do that.
Learn more about employment contracts
Why wait for a problem to arise when you can prevent it from happening? Avoid costly lawsuits! Get in touch with a skilled employment lawyer at Roberts & Obradovic by calling us at (647) 724-5179 or filling out our contact form.