“Congratulations! You’ve been hired!”
After the job hunting, resume editing and interview process, landing a new career opportunity is exciting. Before you start to celebrate, however, you still need to complete the paperwork. Part of the onboarding process will involve signing your employment contract. At this stage of the process, it is important to pay careful attention.
No matter how much you want the job, it is important not to sign the job contract too hastily. Always review it and have an attorney review it, too. Your contract outlines the terms of your employment. Understanding what you’re signing is important in ensuring your security as you take the next step in your career.
Larry Weisberg, Esq. Attorney at Weisberg Cummings, P.C., notes that confusion around employee agreements is common: “Most employees get an ‘offer letter,’ which defines them as an employee-at-will, rather than a formal employment contract. The offer letter is not necessarily binding, but if you do accept an offer, you are an employee-at-will, and your employment can change at any time.”
It’s always wise to review a job offer or contract or offer letter in detail and with a lawyer. This is especially the case if the employment involves a C-level position or is otherwise integral to your career. However, reviewing contracts can also be crucial in entry-level jobs.
A disadvantageous job contract at an entry-level job can make it hard for you to proceed in your chosen career or can make it challenging to leave for better offers. It is always the right choice for your career to review a job contract in detail before you sign or agree to anything.
There are a few questions you should ask before signing the contract or accepting an offer letter:
You will also want to see salary increases clearly defined. Will you be eligible for increases to your wages at specific times? Will you need to undergo a review process to qualify for a better wage? If so, make sure you understand what the process is like.
If there is no mention of increases to salary, you could remain in your job with a static salary for an indefinite period, even as the cost of living increases with inflation. In fact, the contract may allow the company to reduce your salary in specific situations. You will want to keep an eye on any clause that affects how your salary may change.
When looking at your job description, ensure the contract outlines how much of your time will be spent on various tasks. At the very least, have this written in some form. You don’t want to take on a job as a designer only to find that most of your time is spent on administrative tasks because your job contract lists those, too.
If you are signing a job contract as an independent contractor, make sure your job description and the duties of your job are those of an independent contractor. You should have freedom as to where and how you work, and you should not be prohibited in any way from pursuing other opportunities. If you are misclassified as an independent contractor, you may not be getting the full benefits you should.
Consider how the job description makes you feel. Do you feel it will be fulfilling and satisfying work? Look beyond the compensation and think about the longer-term consequences for your career and life. A full-time employee spends 2,000 hours annually at work, and you want that time to be a positive experience.
Some clauses can cause problems for you down the road because they can affect your future career prospects and other opportunities you may have in your life. In some cases, the contract clauses in an employment contract can even affect any projects you are taking on in the privacy of your home. Noticing these clauses before you sign and renegotiating can help you avoid problems later.
There are a few considerations you will want to pay special attention to when accepting a job offer:
If you invent a new business product or artwork on your own time and without using your employer’s resources, you should ensure that intellectual property belongs to you. Any clause like this should be brought to the attention of your attorney. You can contact Weisberg Cummings, P.C. to speak to an attorney about negotiating the clause, so your property remains your own.
These clauses limit what you can do on your own time. Currently, many workers choose to have second or even third jobs out of necessity. Being prevented from doing so can cause financial problems for you later. About 4.9 percent of Americans moonlight, and the total number of workers with a second job has been increasing since 2010. If your employer prevents you from taking a second job, you might find yourself in financial distress later with limited means for addressing the issue.
Look at nondisclosure agreements carefully. Some are so strict they prevent you from essentially speaking about your employer or company with anyone in almost any capacity. In some industries, these clauses may also be written in such a way as to prevent whistleblowing activities. You need to understand what you can and cannot say about your employment to others if you sign a nondisclosure agreement.
If you see an invention assignment agreement on your job contract, contact Weisberg Cummings, P.C. before you sign. It’s part of the contract an attorney should review and negotiate for you.
If you have received a job offer and find yourself looking at an offer letter or employment contract, it is always a good idea to take the offer to an attorney. A full legal review of the employment contract or offer by a professional experienced with contracts and employment laws can ensure your contract is legal and protects you.
An attorney can help you understand your contract and can negotiate for a better contract for you. In most cases, employers are open to negotiation and an experienced attorney understands how to approach this delicate subject.
Even if you have already signed a contract or accepted an offer, it may be beneficial to speak to an attorney. If you are considering leaving your job, an attorney can review your options and rights with you. If you are working for an employer and feel your agreement or the terms of your job offer are not being honored, an attorney may be able to assist with this issue.
It can be daunting for a potential employee to ask questions about a job contract, but it is the only way to protect yourself. A responsible employer will understand your need to be clear when signing a legal contract. Even if you have already signed a job contract, it can be useful to speak to an attorney, especially if you have any concerns or are having problems with your employment. An attorney can help you understand whether any clauses are unenforceable and can explain any legal options you may have.
If you’d like a confidential consultation about your job contract as well as legal representation, contact Weisberg Cummings, P.C. You can reach us online or by calling our office.
Having a baby is an exciting time in your life. However, it’s also a time…
If you lose your job for any reason, your financial responsibilities do not lessen. You…
In 2021, only 13.5% of the U.S. population had some form of disability. Being in a minority…
Becoming a parent is an unforgettable experience. You should treasure spending the early days with…
Everyone deserves the freedom to practice their religion and receive fair treatment in the workplace.…
Do you suspect that your employer has wronged you and your colleagues in a similar…