How To Write a Employment Contract?

There are many varied types of contracts used today. One of the most common one is an employment contract that when completed and signed by both annuitants to the agreement, becomes a complete legal document. And when written and constructed properly can protect a person or employer’s interest which, in turn, avoids monolithic conundrums down-the-road. Think a law suit and bad relationships.

Each contract will have its own verbiage and nuance tones, however, one caveat to always remember when drawing up a contractual agreement is to insure the “legal” names of both parties are correct. That said let’s explore some of the basic elements, strategies, and features used in writing contracts:

 

Employment contract Elements

This procedure does not require a college education; it’s pretty straightforward. But details are critical as well as wording. Enforceable contracts will vary depending on where you live or work. Ergo, in order not to be totally uninformed it’s advised you consider using an attorney or, at the very least, take advantage of viewing tutorial templates that are available online. You’ll find plenty from which to choose. They’re like fleas on a dog.

Your legal employment contract agreement should include the following items. These are the most important ones, but at the end of your contract you’ll find the usual suspect clause or two that informs you not to do this or that and it’s standard on all contracts. However, the following items are the ones you put under the magnifying glass. Date of the signing, your title or position spelled out, your “start date,” and base salary. If you are entering a commission position you should know how the commission is calculated and if you receive a “draw,” is it recoverable (pay it back) or not. Next comes the “big ticket” item: BENEFITS! When does the benefit eligibility “kick in,” will be one question on the “front burner.” But in the employment contract it’s not necessary or required that all the benefits be outlined. They will usually be spelled-out in a separate benefits package given to you at a later date.

Breach of contract needs to be addressed

In plain and simple English a breach of contract is a breach of a legally required duty or failure to start or complete something that was prescribed in the original employment contract that was signed and acknowledged. Actually it’s a common occurrence for a person not to fulfill their stated contractual obligations. In any event if not solved it will introduce the annuitants to headaches and an opportunity to see the inside of a courtroom.

The most common defense to breach of contract that will lean in favor of the employee/defendant is:

  • Fraud
  • Duress
  • Undue Influence
  • Mistake
  • Statute Of Limitations

You can also include street parlance: TODDIT – The other dude did it!

In the final analysis the question may arise: “Is an employment contract really necessary for employees?” Well it may not surprise too many readers but the fact is most workers on jobs don’t have an actual “contract.” Rather they work under what is called an “implied contract” meaning that the general terms of employment are dictated by the state where the employment takes place or via a federal law. On the other hand if you hired an office manager whose primary function was dealing with highly confidential and classified information, it may be incumbent upon you to have him or her sign an employment contract that includes a confidential clause to prevent the employee from divulging this information during and after the end of the contract.