San Francisco Employment Contract Lawyer
California may be an at-will state in many employment law scenarios, but many of the relevant legal concepts do not apply when an employer and employee have executed an employment contract to establish their relationship. An agreement is beneficial in many ways, since it may create more certainty in defining the parties’ rights, obligations, and remedies. However, disputes between individuals and business organizations may still arise. When they do, these disagreements can trigger complicated employment law concepts under federal and state statutes, as well as the basics of contract law.
Both employers and employees benefit from retaining experienced legal counsel when drafting and negotiating employment contracts, and in the event of disputes. You can rely on our attorneys at Scott Wagner and Associates, P.A. to protect your interests, so please contact our offices today to set up a case evaluation with a San Francisco employment contracts lawyer. Some important information about the legal landscape may also be useful.
Basic Employment Contract Legal Concepts
It is not necessary to execute an agreement to create an employer-employee relationship, but many parties decide to establish their rights and responsibilities through a writing. If the document covers essential concepts of contract law and does not run afoul of other state and federal laws, it will be legally binding. An employment agreement can cover a wide range of topics, and our lawyers at Scott Wagner and Associates, P.A. can advise you on the legal requirements. Some of the basic provisions include:
- Specifics regarding payment, such as base salary, benefits, commissions, and other information;
- A description of the employee’s duties, time off, performance metrics, and additional conditions of employment; and,
- Terms regarding termination, particularly events and provisions that trigger an employer’s right to fire the employee.
Implied Employment Contracts: You should note that an employer-employee relationship may be established even when the parties have not signed a written agreement, as implied employment contracts are valid under California law. The terms of the arrangement may be established through each party’s statements, actions, and other circumstances indicating they intend for continued employment. When a company has prepared an employee handbook, the provisions contained within it may be enough to infer that the parties are bound to an implied employment contract.
Noncompete Agreements: While courts generally do not favor restrictive covenants that create restraints on trade, California law specifically prohibits an employer from enforcing a noncompete clause in an employment agreement. There are some exceptions, however, so keep in mind that:
- An employer can legally prevent a current employee from competing against the company; and,
- Employers are not barred from including noncompete clauses pursuant to the sale of a business or dissolution of a partnership.
Contact a San Francisco Employment Contracts and Noncompete Agreements Attorney
To learn more about our legal services and how we help individuals and organizations with contract issues, please contact Scott Wagner and Associates, P.A. We can schedule a consultation at our offices in San Francisco, CA to review your circumstances. Our lawyers are prepared to assist employers and employees with drafting, negotiating, and reviewing employment contracts, including noncompete agreements.