Contract NegotiationNegotiation of Severance
Employment Contract Negotiations
Prior to entering into an employment contract or before renewing one, negotiations can be an opportunity to advance one’s interests and be certain of the terms regarding both parties’ rights and obligations.
Issues to Consider
Most employers have invested time and money in developing contract language that is to their benefit. To the extent possible, the prospective employee may have an ability to alter some of the terms to be more favorable to his or her interests. In any case, it is essential that the terms of the contract are clear. An employment attorney in Irvine will advise to be especially alert to:
- Be certain to understand the definition of all the contract terms.
- Be certain to understand the enforceability of the contract.
- Be certain to understand key provisions such as compensation structure, the vesting of benefits, vacations, bonuses, non-disclosure clauses and termination/separation policies.
Sometimes an employer offers only a standard, pre-written form contract and permits no negotiation. In such cases, the contract may not be enforceable if it is too one-sided or contains unlawful terms.
Types of Contracts
Employment agreements can be written or verbal and either express or implied. Written correspondence, including emails, and verbal declarations may be considered when determining what constitutes the entire employment agreement. For example, oral promises made by the employer during the interview process may be considered a form of negotiation and relied upon by the employee in accepting the position.
Disputes Regarding Contract Terms
Under certain circumstances, there may be a need to negotiate after a contract has been entered into regarding what the terms mean and how to enforce those terms. An employment attorney in Irvine may be able to assist in dealing with the company’s human resource department to address the conflict. If unresolved, contact with the appropriate governmental agency may be necessary. In either case, the employment contract itself is the best and primary source to resolve the dispute.
Speak with an Employment Lawyer in Irvine
Understanding the details of what is expected of you by your employer is a key ingredient in a successful working relationship. For all employment contract concerns, call Altus Law Firm at 949-346-3391.