posted by Greg Thompson on Aug 12
Every company normally maintains an employee handbook, which provides the reference for the implied contract between the employer and any prospective employee. 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.
An employment contract attorney can draw up contracts that specifically state expectations regarding both employer and 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. The attorney of the employee would be allowed to check the employment contract, on behalf of the employee, within a reasonable time limit. As there are many possible interpretations to the various clauses of the employment contract agreement, both from the employer and employee sides, chances of violation of the contract cannot be ruled out.
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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.
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Ideally, the best setting for an employer and employee resolution is at the mediation table. Often an agreement can be reached without going to court. Each party would have their own employment contract attorney. Due to the need for a lawyer to understand labor laws and contractual agreements it is important to seek the services of an employment contract attorney. 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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