Davis & Davis Is on Your Side
Boston Employment Contract Attorneys
Development, Negotiation & Litigation for Contract Matters
In Massachusetts, verbal employment agreements can be enforced. It is advisable for both the employer and the employee, however, to have a written agreement that sets forth the terms and conditions of the employment relationship.
Most employees do not have a written employment agreement. These employees are called at-will employees, which means that they can be fired for any reason at all, even unjust or unfair reasons – though there are a select number of statutes and common laws that carve out exceptions to the at-will doctrine.
As a general rule of thumb, the more experienced and skilled the employee, the more likely that the employee can negotiate to have a written employment contract that prohibits capricious, arbitrary, or unfair terminations.
If an employee is fortunate enough to bargain for a written employment agreement, he or she should consider retaining legal counsel to negotiate and/or review the terms. A Boston employment law attorney at Davis & Davis, P.C. can help you ensure that your employment contract reflects your best interests and protects your rights.
The Importance of Well-Drafted Employment Contracts & Termination Provisions
All good things come to an end, which is why the termination provision in a written employment agreement is arguably the most important provision in the contract. This provision is usually called a “just cause” or “for cause” provision.
Employees should advocate for language that is highly detailed and identifies with particularity those situations that would trigger the “for cause” provision.
Employers, on the other hand, usually want to retain some discretion and want broader language, including a “catch-all” provision.
There are different types of employment contracts.
Areas of the law that remain a hotbed of controversy and litigation are:
- Non-compete agreements
- Non-solicitation agreements
- Non-disclosure agreements
- And confidentiality agreements
Employers and employees can both benefit from a well-drafted employment agreement. When properly crafted, an employment contract can cut down on post-termination disputes and litigation.
Employers and employees should consider consulting an experienced employment law attorney in Boston to determine if an employment contract is feasible and advisable. Our team can provide the much-needed guidance and advice you are seeking.
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