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Albany Employment Contract Lawyer

An Albany employment contract lawyer from Bailey, Johnson & Peck, P.C. can help ensure that employment contracts are in the best interests of both parties by helping with the drafting and negotiating processes.

Many employees, including higher-level executives, walk blindly into unfavorable employment contracts, wrongfully assuming that their employer has their best interests in mind. In many cases, they don’t fully understand the importance of third-party contract review. Additionally, many business owners and managers fail to develop contracts that are comprehensive enough to protect them from liability. It’s recommended for anyone dealing with employment contracts to contact the Albany employment and labor lawyers at Bailey, Johnson & Peck, P.C. as soon as possible.

Our seasoned Albany employment lawyers understand the importance of clarity, fairness, and protection for the two parties in every employment agreement. Whether you’re an executive negotiating the terms of a contract or a business crafting comprehensive contracts, our attorneys can guide you through the process and ensure that your rights are upheld under New York labor laws.

Call our law firm at 518-456-0082 to schedule a free consultation with an experienced attorney on our team. 

How Can an Albany Employment Agreements Lawyer Help?

Albany Employment Contract Lawyer

At Bailey, Johnson & Peck, P.C., our Albany employment agreements lawyers help both individuals and businesses through the process of reviewing, editing, and finalizing a variety of employment contracts. We can assist in various aspects of the process, including:

  • Provide legal advice to either party, informing them of their rights and obligations

  • Perform legal research into current laws and regulations to ensure legal compliance

  • Help in drafting before they are presented

  • Provide thorough employment contract review

  • Engage in contract negotiations

  • Assess potential risks within an existing contract

  • Investigate alleged breaches of contract

Our in-depth understanding of federal and state law is paramount for those seeking a law firm to provide legal advice and contract review.

Types of Employment Contracts

An employment contract is a legally binding agreement between an employer and an employee that outlines the terms and conditions of employment. It will typically cover things like responsibilities, compensation, benefits, termination clauses, and other legal provisions. 

Employment contracts come in various forms, filling the diverse needs of the two parties across different industries and career stages. From entry-level workers to high-level executives, individuals may encounter a range of contract types tailored to specific requirements and organizational preferences.

Below are some of the most important types of employment contracts that businesses may bring, especially with higher-level employees and executives.

Albany employment agreement attorney

Severance agreements, or employee separation agreements, outline the terms and conditions surrounding the termination of a person’s employment. Some companies will provide terminated workers with severance packages, which can include compensation and/or a continuation of benefits.

New York is an at-will employment state, meaning that workers can be terminated with or without cause, and are not required to provide them with severance. However, many will use severance to protect themselves from legal action and promote cooperation throughout the process. 

Higher-level executives and C-level employees (CEOs, COOs, and CFOs) will be approached with a severance agreement or will negotiate with their employer for one. They can be very beneficial for both parties, protecting one from liability and providing the other with compensation.

Another employment agreement is the non-solicitation or non-compete agreement. Non-compete agreements are designed to restrict employees from working for competitors or starting a competing business for a fixed period following their departure. 

These agreements also prevent terminated or departing employees from soliciting clients, customers, or employees from their former employer. Companies will often ask executives and highly skilled employees to sign non-compete agreements, which can limit their post-employment opportunities. 

Confidentiality agreements serve to protect a business from having proprietary information and data leaked to the public or shared. Most employers will use these to prevent workers from sharing confidential information about the business. 

This can allow businesses to hold a competitive advantage over competing companies while also maintaining the integrity of their employees. 

Nondisclosure Agreements (NDAs) are a type of confidentiality agreement that requires employees to maintain confidentiality regarding confidential company information, trade secrets, company policies, and intellectual property. 

Confidentiality agreements are often used when employers and employees agree to keep the information they share with one another confidential. NDAs, on the other hand, are typically used when one party, often the employer, wants to prevent the other party, often the employee, from sharing confidential information about the company.

Fixed-term employment contracts or temporary employment contracts provide a defined period of employment for certain employees. These define exactly how long an employee will be working with their employer, typically for a predetermined period of time or until the completion of a specific project or assignment. 

Employers will use these to ensure that an employee understands that their position is temporary. While this is often used for lower-level contracted positions, it can also be used for outsourcing work from an industry executive or other skilled professional in the field.

Change of control agreements are employment agreements that outline exactly how an employee and their position will be affected in the event of a change in ownership or control of the company. These agreements typically detail how executive compensation, benefits, and job security will be affected in scenarios such as mergers, acquisitions, or corporate restructuring.

Change of control agreements aim to provide executives with assurances and protections during periods of organizational transition. They may even provide employees with flexibility regarding certain employment conditions that they were beholden to prior to the change of control.

These insurance plans typically indemnify executives from personal liability arising from their roles within the company, such as legal expenses incurred in lawsuits or regulatory investigations. 

This kind of employment agreement can provide higher-level employees with peace of mind, knowing that they will be financially supported in the event of certain legal actions. However, it’s important to have an indemnity protection plan that provides comprehensive protection against liability.

How Contract Provisions Guide the Employment Relationship

Albany Contract Review Attorney

Contract provisions serve as the cornerstone of the employment relationship, delineating the rights, responsibilities, and expectations of both employers and employees. These create explicit terms and conditions regarding a person’s employment, often covering things such as:

  • New job descriptions and responsibilities
  • Job title and position description
  • Employment benefits (insurance coverage, PTO, stock grants and options, etc.)
  • Grounds for termination 
  • Performance metrics
  • Employment length and job renewal options
  • Non-competition provisions
  • Confidentiality provisions
  • Severance packages and provisions
  • Compensation methods and provisions 

By adhering to the terms outlined in employment contracts, both parties can mitigate misunderstandings, promote accountability, and foster trust, ultimately contributing to a positive and sustainable employment relationship.

Employment Agreement FAQ

Albany C suite employment contract lawyer

A Contract of Employment, often referred to simply as an employment contract, is a legally binding agreement between an employer and an employee. This document outlines the terms and conditions of employment, including responsibilities, compensation, benefits, working hours, and termination clauses. Employment contracts establish the rights and obligations of both parties, providing clarity and protection throughout the employment relationship.

An arbitration agreement for employment is a contract that requires employers and employees to resolve disputes through arbitration rather than litigation. Here, both parties agree to submit any employment-related disputes, such as wrongful termination or discrimination claims, to a neutral third-party arbitrator for resolution rather than straight to an attorney. 

Arbitration agreements are designed to offer a faster, more cost-effective alternative to traditional court proceedings while maintaining confidentiality. However, they may prevent an employee from taking certain legal actions against their employer. An attorney with experience handling employment agreements can review the terms of your arbitration agreement to ensure that your rights are protected.

Every contract comes with potential risks and consequences, and employment contracts are no exception. If an employee breaches an employment contract by violating its terms, they may be subject to legal consequences, depending on the specific provisions outlined in the contract. 

The consequences for breaking an employment contract could include financial penalties, forfeiture of benefits, or legal action for damages.

Additionally, the employer may seek injunctive relief to enforce specific terms of the contract or prevent the employee from engaging in competitive activities. It’s crucial for both parties to understand their rights and obligations under the employment contract to avoid potential disputes and legal repercussions.

Employment Contract Lawyers in Albany, NY 

Albany Contract Negotiation Lawyer

Employment agreements can be incredibly confusing for employees and employers alike. If you need assistance with an employment contract in New York, reach out to an Albany employment contract lawyer at Bailey, Johnson & Peck, P.C. today. 

Our employment lawyers use their extensive experience and deep understanding of New York labor laws to provide both employers and employees with the legal advice and support they need to ensure they reach a fair agreement. 

Whether you’re an employee facing a lengthy contract or a company looking to draft one, our attorneys are here to guide you through every step of the process. From drafting and reviewing contracts to resolving disputes and litigating employment matters, our employment lawyers provide comprehensive legal services tailored to your unique needs and objectives. Our experienced attorneys also handle workplace sexual harassment claims in Albany.

Call our attorneys at 518-456-0082 or reach out to us via our contact form to schedule a free consultation with an employment contract lawyer on our team. 

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