San Jose Employment Contract Lawyer
California is an at-will state for purposes of most employer-employee relationships, but the circumstances are quite different if there is an employment contract that establishes the rights and responsibilities of the parties. In many ways, executing an agreement may seem to create certainty and even the playing field between an individual and a business organization. However, there are still countless disputes that can arise and numerous acts that may constitute breach, especially with respect to noncompete agreements. As a result, the arrangement may be far more complicated than you would expect.
Fortunately, you can rely on our team at Scott Wagner and Associates, P.A. to tackle the complex legal issues involved with employment contracts. We represent both employees and employers in connection with these agreements, so we are prepared to handle the challenges. Please contact our firm to schedule a consultation with a San Jose employment contracts lawyer for an overview of the relevant laws, including non compete agreements.
Overview of Employment Contracts
While a written agreement is not necessary to establish the employer-employee relationship, many companies and workers will prepare an employment contract to cover the specifics of the arrangement. As long as the agreement complies with basic contract law principles and does not violate other state law, it will be legally binding upon both parties. Some essential provisions of an employment contract include:
- The terms of payment, such as calculation of base salary, bonuses, benefits, and other details;
- Other terms of employment, including an explanation of duties, vacation time, sick days, and work location; and,
- Termination, especially trigger events and other provisions that describe when the employer has grounds to fire the employee.
Implied Employment Contracts
An agreement for employment may exist between the employer and employee even where there is no written document, since California law recognizes implied contracts. In such a situation, the relationship is established through statements and actions by both parties that evidence continued employment. For companies that have an employee handbook or manual, the terms of the document can be sufficient to create an implied contract to which both employer and employee are bound.
Restrictive covenants are generally disfavored by state courts, but California law specifically prohibits the use of noncompete agreements by employers. One key exception is that the employer can bar a current employee from engaging in competitive acts. There are additional exceptions that companies can take advantage of to protect important business interests, and our lawyers at Scott Wagner and Associates, P.A. can explain in more detail. Employers are allowed to utilize certain restrictive covenants in some situations involving the sale of a business or dissolution of a partnership.
Consult with a San Jose Employment Contracts & Noncompete Agreements Attorney
For additional information on our legal services and details on how we can help with your case, please contact Scott Wagner and Associates, P.A. in San Jose, CA. We are happy to set up a consultation with one of our lawyers, who can explain the basics about how California employment laws apply to employment contracts and noncompete clauses.