Employment Contracts

In California where employment is often considered at-will, a written employment contract is more of an exception than a rule. However, in the absence the absence of a written contract, the agreement may be deemed to be an implicit contract.

Generally, employment contracts define the terms and conditions of an employer-employee relationship. This document also gives the employer power over his employees including control over their ability to leave business, the grounds for termination, available benefits, the methods for resolving disputes, and limitations on competition and disclosure of trade secrets and other business information.

On the other hand, a written employment contract may pose a problem to an employer, especially if he decides to change the terms of contract or wants a business change, which he can only do by renegotiating the terms. With an employment contract, an employer is also under obligation to deal fairly with the employees under the covenant of good faith and fair dealing, otherwise he can be held liable for violation of contract and breach of the duty to act in good faith.

Issues and problems may arise out of a poorly-drafted employment contract that could adversely affect the employer-employee relationship. This underscores the importance of having a well-written employment contract.

Our skilled employment attorneys can help you draft vital documents such as employment contracts, taking into consideration the issues involved and the repercussions of having a good employment contract.