Why Should You Review an Employment Contract With an Attorney?

Contracts between two parties outline each party’s rights and obligations, including employment contracts in California. An employment contract specifies the terms of the employee/employer relationship. Employment contracts must follow California’s labor laws as well as contract law, making them complex documents with many legal requirements. There are many components within an employment contract including important terms, limitations, and obligations for both parties in the working relationship. To ensure that your employment contract protects your rights under California employment law, it’s always best to have an experienced San Diego employment lawyer from Browne Employment Lawyers review your contract before you sign.

What Is Included In an Employment Contract in California?

The terms of employment included in a contract create a legally enforceable agreement specifying aspects of the job position such as the following:

• The duties the employee and employer must meet during the employment
• Terms under which the employer or employee may terminate the employment
• Non-competition agreements preventing an employee from competing with their employer after they leave the position (for instance, beginning a rival company offering the same services)
• The employee’s obligations for productivity
• Salary and benefits
• Work hours
• Sick leave and vacation days
• The benefits provided to the employee by the position
• The length of time the employee can expect to remain employed in the position

In some cases, the contract could require a non-confidentiality agreement. Because this could restrict your right to free speech, it’s especially beneficial to have an employment attorney in California review all the contract’s terms carefully before you sign.

The Importance of Hiring an Attorney for an Employment Contract in California

An employer hires a contract attorney to draft the contracts they extend to employees. As an attorney, it’s the lawyer’s job to protect their client—in this case, the employer, not you. This means there may be inadequate employee protections included the contract. 

An employment contract has long-term impacts on your daily work life. In some cases, an employment contract may include non-competition clauses that place limits on your ability to enter future employment and confidentiality requirements that may even impact your life after you leave employment. For instance, some employers attempt to use contracts to restrict political affiliations and union membership.

Since your potential employer has a lawyer protecting their rights and best interests, you should have your own attorney there to protect your rights and safeguard your best interests. An attorney on your side also ensures the contract is legal and enforceable before you sign.

What Happens If One Party Breaches an Employment Contract in California?

Hiring an attorney to protect your best interests in an employment contract is always advisable. When the terms of your position are favorable to you, you are much less likely to breach the contract and face legal repercussions. If the attorney finds provisions and terms that are unfair, they can request modifications that are more favorable to you. Your California employment lawyer can also ensure that the contract is legally enforceable so you have a right to file a lawsuit if your employer breaches the contract, for instance under wrongful termination.

Finally, a skilled employment contract attorney in San Diego helps to interpret the terms of the contract so you’re completely aware of what you’re agreeing to before you sign on the dotted line.