Why You Need an Employment Contract Lawyer
When entering a new job, many employees do not understand the importance of having the employment contract reviewed by an attorney who is an expert in the field of employment law. An experienced employment attorney will have seen several employment contracts and agreement and will know which specific terms can be negotiated to get the most out of your employment contract.
Sometimes the talent market is so strong that companies are not willing to negotiate on their standard form of employment contract. However , hiring an experienced employment attorney to review the contract is especially important since there may be non-competition and non-solicitation clauses in the contract. These non-compete agreements may prevent you from working for a competitor after you leave your employment and these non-compete agreements may even restrict your ability to provide services to your clients.
If you already have employment you should consult with an experienced employment contract lawyer for industry-specific advice as employment contracts can vary significantly between industries. Employers in certain industries such as the tech industry will use much longer employment contracts than in other industries. Several issues under employment law may also differ between industries and it is always best to consult with an employment law attorney to review your employment contract.

Considerations When Hiring an Attorney
When it comes to selecting the right employment contract attorney for your needs, there are a number of key factors to keep in mind. From experience and specialization to reputation and location, your choice should be guided by a combination of all these considerations.
The first factor is experience. Every attorney on this planet has been a rookie, but not all of them stay that way. An experienced attorney can leverage their prior experiences to provide you with better service. The ultimate goal of hiring an employment contract attorney is to be represented by a professional who knows how employment contracts tend to go. An experienced attorney will be able to give you helpful advice on your end of the deal, to better ensure that you’re not being taken advantage of.
Another important consideration is specialization. Not every employment contract attorney specializes in the same areas. Some are better than most at negotiating employment contracts for executives, while others may be more suited to contractual obligations for non-exempt employees. Finding the right employment contract attorney for your unique situation is paramount to professional representation. This is why narrowing down candidates based on their experience with unrivaled specialization is such a big consideration.
You can always factor reputation into the equation. An attorney’s reputation is a good indicator of the kind of person they are, and the type of services they offer. Some attorneys may be known for their kindness, while others develop a reputation for being harsh. Whatever the case may be, you can use reputation as a deciding factor when sifting through candidates for employment contract representation.
Last but certainly not least, is location. If you’re using your employment contract attorney to negotiate with a local or national employer, they might need to travel to work on your behalf. Choosing an employment contract attorney who specializes in your geographic area is smart for a number of reasons. For one, they’ll be nearby in the event that you need them at a moment’s notice. Two, they’ll be familiar with the local laws and ordinances that pertain to your case. Selecting an attorney with respect to location is a great check and balance for your final choice.
Services Provided by Employment Contract Attorneys
The services of an employment contract attorney can vary, but generally, they can help in a variety of ways throughout the employment contract process.
Employment contract interpretation
An attorney can help interpret the complicated legal terms that are common to most employment contracts. Sometimes, the employer’s intent can be made clearer. An attorney can help decipher what it is you are really agreeing to when signing an employment contract.
Contract review
An employment contract attorney can help review a contract that has been already offered and possibly help negotiate improvements. It can be useful to have an attorney review a contract before the signed contract is presented to a court.
Employment contract negotiation
If the employment contract is not favorable or if changes are needed, an attorney can help negotiate with the employer to improve the contract.
Federal and state employment standards
An employment contract attorney is familiar with the legal standards that apply to employment contracts at both the state and federal levels.
Lawsuits and litigation
If you find yourself in a situation where a contract has been breached or is being sued over, an attorney can help with the court process and take steps to protect your interests.
Common Disputes Over Employment Contracts
Common issues in Employment Contracts that require a Attorney’s input for both the Employer and the Employee
A lot of times you may look at something and think it’s not worth the money for a lawyer to take a look at your contract before you sign it. Especially if the contract is one that your employer has given you. It seems clear enough that what they would like is what is in the contract. But a lot of times it is not always clear. And sometimes the contract may not specifically outline what their expectations are in which case it would be a good idea to get a lawyer to take a look at it. Anytime you are unsure about what is being asked of you or what you are being required to do in a new job, it would be a good idea to have legal advise.
Non-competes are generally a big issue within employment contracts and one reason you should definitely have a lawyer look over your contract. If your contract has this clause then a lawyer may be able to help you with the nature of the non-compete and find out what your employer’s real motivations are. "Non-compete" clauses are very common in the tech industry. Many employees are required to sign something that says that upon leaving employment , they will not take the trade secrets and clients that they have developed over the term of their employment and use that knowledge to set out on their own.
Confidentiality Agreements are also a common clause in employment contracts. But what is the difference between one of these and a non-compete? The terms of these clauses can be complicated. They often mean that the employee will not disclose the company’s information or trade secrets. But if there are no restrictions on where an employee may work after discharge or at-will end of employment, it is more akin to a non-disclosure agreement.
Termination provisions in employment contracts are something that often don’t make sense to employees. Most people would probably assume that if they quit or are fired soon after beginning employment or are terminated for a reason other than for cause, they would think they would receive their severance package. But a lot of times the termination provision may say that if you are discharged for no cause or quit your job that you are not entitled to severance at all. If your contract does not reference severance at all, then you may be able to receive severance depending on how long you have worked there. But if you have signed an employment contract that says you are not entitled to severance and you quit or are terminated for cause, you may or may not be entitled to severance.
All of these considerations are important to know and understand before you sign a contract of employment. This section is meant to be only a cursory outline of some of the things you should discuss with a lawyer before you sign a contract.
How to Prepare for Your Consultation
When preparing for the initial consultation with a prospective employment contract attorney, it is of the utmost importance for the individual to be ready with any and all materials that may be relevant to the issues that will be discussed. To start, the individual should gather all of their employment-related papers, including tax returns and a copy of their resume. Keeping these documents together in one place will ensure they are easy to find when the employment contract attorney requests them.
Beyond the papers, an employment contract attorney should immediately review the individual’s employment history. Information about the various positions they have held could be crucial during the discussion, as may any other employment-related background information. The attorney should also be given the opportunity to review the location or rollover of any retirement accounts, as well as how they are structured. This means sharing information about things like how the account designates beneficiaries or whether it includes a distribution date.
Finally, the individual should come to the consultation equipped with a list of questions they plan to ask of the attorney. A few examples of the types of inquiries may include concerns about what the process will look like if severance or other benefits need to be negotiated, if the individual will be able to get legal help without jeopardizing their current job and what information they must share about their current employment position. Either during or after the consultation, the attorney may then have additional questions of their own, which could be asked at that time.
Legal Resources and Support
Beyond hiring an attorney, there are various other legal resources and support systems available for those dealing with employment contract issues. Many state and local bar associations provide resources for residents of their jurisdictions who are in need of legal assistance. The Colorado Bar Association, for example, has an Employment Law Section offering an array of resources for Denver residents.
Online resources are also easily accessible for individuals seeking legal information related to employment contracts. Nationally , the American Bar Association provides a robust directory of legal resources along with peer reviews and testimonials of stated and local organizations. There are also general legal FAQs and reference material concerning employment contracts available online that can be a good starting place for research.
For individuals who wish to educate themselves about their situation before or while working with an employment contract attorney, these legal resources and support systems can aid in this goal.
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