Employment Contracts: Drafting / Review / Negotiation
Employment Contract Services
Employment Contract Drafting
At Bow River Law, we are skilled and experienced at drafting employment contracts and independent contractor agreements. Well-drafted employment contracts or independent contractor agreements can serve many functions in an employment or contracting relationship, and we can help an employer protect its interests and liabilities to its employees and contractors. In many cases, poorly drafted employment contracts not only do not protect an employer, but can actually create a whole host of liabilities for the employer.
Let us help you get it right.
Employment Contract Review
We often hear people tell us years after signing an employment contract or independent contractor agreement that they wish they had not done so, but often it is too late at that point.
If you are a new employee being asked to sign an employment contract for the first time, or an existing employee being asked to sign a new employment contract, it is a good idea to get legal advice before you sign.
Sometimes there is nothing of concern in a given employment contract, but often there is. There are many things employers can slip into employment contracts which seem harmless, but which can have a major impact on your rights, both during the employment relationship and when it ends.
If you are an existing employee, you should be especially cautious if your employer is pushing to have you sign a contract on a short timeline and/or they do not seem to want you to get advice. Often if something seems fishy, it is fishy.
If you have already signed an employment contract and you think it might limit your rights, we still suggest you come in and have it reviewed, because there is often still something we can do.
Employment Contract Negotiation
The lawyers at Bow River Law are skilled and experienced at assisting employees with employment contract negotiation. This process typically involves a review of the contract the employer has proposed, identifying clauses that are problematic or missing, making proposed changes, and either helping the employee negotiate with the employer, or in some cases negotiating directly with the employer on the employee’s behalf.
- A well-drafted contract can be of enormous benefit to an employer
- A poorly drafted contract can be a liability to an employer and an opportunity for an angry or dismissed employee
Employment Contracts FAQ
What should I do if my employer wants me to sign an employment contract?
You should get legal advice before signing anything, especially an employment contract. Employment contracts can have a major impact on your rights, and the impact is not always obvious when you read through them.
My employer has just given me an NDA agreement that contains some clauses I don’t agree with. What should I do?
You should get legal advice before signing anything, especially any new agreement that is separate from your employment contract. Non-competition, non-solicitation, and NDA agreements can have a major impact on your rights, and an employment lawyer can help you understand those impacts and how to push back if the agreement is unfair.
What is an independent contractor?
An independent contractor is a worker for a company, but not an employee of that company. Often, companies call workers “independent contractors” when those workers are actually employees and entitled to employee rights like severance.
How can I tell if I am an employee or a contractor?
Generally, if you work for only one company full-time, there is a strong chance that you are legally considered an employee, even if your written contract says you are a contractor.
Can I suspend an employee without pay?
Employers generally cannot suspend an employee without pay, but there are some exceptions. Employers can usually suspend with pay for short periods for administrative reasons such as workplace investigations into misconduct.