Employment Agreements for New York State Employers
Whether you need an employment agreement for your new hires or you are getting ready to terminate a worker and want a severance agreement, employment contracts can provide you and your business with powerful protection in the event of a lawsuit.
Employment agreements memorialize the understanding between you and your employees, so there are no questions or gray areas. Your employees know what they can anticipate from you as an employer, and you have the peace of mind of knowing that those expectations were clearly communicated to your employees.
When a dispute arises, having an employment contract that is clear, detailed, and legally sound can provide invaluable assistance to courts who decide whether a term of employment or other employment law provision was violated.
Even in an “at will” employment jurisdiction like New York state, employment agreements can be useful. Employment law defines “at will” employment as employment that can be terminated at any time, without or without prior notice to the employee, so long as there is no discrimination in the termination decision.
Speak with Lawyer for Business and our team of experienced employment lawyers to start creating employment contracts for your business.
Types of Agreements We Can Help with
There are a variety of employment agreements your business may need to operate effectively and confidently. The employment contract lawyers with Lawyer for Business will work with you to draft agreements covering the full scope of your employment relationships with your workers.
What New York State Employment Agreement Should Include?
Lawyers for employment contracts from Lawyer for Business want your employment contracts to cover as many aspects of the employer/employee relationship as possible.
The more detailed an employment contract is, the less room there is for misunderstandings and the less a court has to try to divine what was the employment agreement between the parties.
To accomplish this purpose, a well-constructed employment contract will describe with sufficient detail:
- The employee’s job title and description
- The benefits and compensation the employer will provide to the employee
- Whether the employment is “at will” or the conditions under which it can be terminated
- The employer’s rules and regulations
- The process by which the employer will handle disciplinary matters
- The process for the employee to bring forth grievances of other issues
Compensation and benefits are of particular interest to employees and can be a frequent source of contention.
An employee may have an erroneous memory of what wages they agreed to or what other benefits they agreed to provide. A disgruntled employee may pursue legal remedies if they believe they are not receiving a benefit they believed you and they agreed to.
For example, you may provide health insurance to your workers but require them to pay a part of the premium. Having this arrangement memorialized in writing can save you a costly lawsuit.
If your business has any confidential information or trade secrets, a comprehensive employment contract will also discuss the handling and disclosure of such information. This can be accomplished through a confidentiality agreement or non-disclosure agreement contained within the employment contract.
Your employment contract may also contain provisions dealing with the resolution of employment-related disputes. For example, you may wish to limit the ability of your employees to bring a lawsuit against you in court, preferring instead to have such matters submitted to arbitration.
Your knowledgeable employment agreement attorney would be abreast of current legal developments concerning limitations on arbitration and other employment-related matters.
Equipped with this knowledge, you can rest assured your New York employment contract drafted by Lawyer for Business will comply with all applicable laws and be enforceable in court.
Lawyer for Business — Your Trusted Employment Contract Lawyers in Buffalo and New York State
At Lawyer for Business, we dedicate our practice to helping employers of all sizes draft and edit strong and enforceable employment contracts. Our New York state employment contract lawyers can review your existing agreements and update them as needed or draft agreements for you.
Lawyer for Business understands the needs of business owners just like you. That is why we offer all of our clients:
If you are looking for an attorney to craft your next employment agreement or feel you need an experienced lawyer to review employment contracts you currently use, Lawyer for Business is up to the task.
An employment contract outlines the terms and conditions you expect your employees to adhere to while they are employed with your company.
These agreements may discuss hours, compensation, and the use of any company-issued property. Anything that touches upon the employment relationship can be memorialized in an agreement.
If your employment agreement discusses termination, then it will be these provisions — not New York’s general “at will” employment laws — that will be in control in the event of a dispute.
For example, if your employment contract with employees says that they cannot be terminated absent a disciplinary hearing, then any employee whom you terminate without such a hearing may have a cause of action against you.
If you are contracting with a consultant of any type, you should consider a consulting agreement a necessity. These agreements will set forth the scope of the consultant’s services, deadlines for the completion of any inspections or reports, and the compensation the consultant will receive.
These agreements can also lay out whether the consultant will be reimbursed for expenses they incur while performing their consultation. Another subject matter a thorough consulting agreement will address is confidentiality and protection of trade secrets the consultant may learn during their work.
Independent Contractor Agreement
Also known as a freelance contract, these agreements are a must-have if you employ freelancers or gig workers for any project. These agreements make it clear to the parties and the court reviewing the employment relationship that the worker is responsible for their work and conduct.
Without an independent contractor agreement, a freelancer might argue that they are an employee of your business and entitled to the benefits and protections you give to your employees.
This can be disastrous for your business if the contractor happens to injure another person while performing work for you without an independent contractor agreement in place.
Non-Disclosure Agreement (NDA)
A non-disclosure agreement (NDA) crafted by an employment contract lawyer can protect your company's trade secrets and ideas from being disclosed to competitors or other third parties. By signing an NDA, the employee, contractor, or consultant is agreeing not to share certain information with others without your permission.
NDAs that contain damages provisions can be particularly beneficial to you if an unauthorized disclosure does occur. The agreement can specify the monetary damages that are owed to you in the event of a breach of the NDA.
Confidentiality agreements protect private, secret, or privileged information from being released to others. Similar to non-disclosure agreements, confidentiality agreements are employment contracts that can last into perpetuity.
The benefit of these agreements is that, with the help of an employment contract lawyer, you can specify precisely the information you want your agreement to cover and keep confidential. This eliminates the potential for confusion or misunderstandings and makes it easier for a court to decide whether a violation has occurred.
Parting ways with an employee is never easy, but an employment contract lawyer can draft a thoughtful severance agreement to make it less risky. Severance agreements (sometimes called separation agreements) detail the terms and conditions surrounding the resignation or termination of an employee.
Typically, these agreements will lay out any remaining compensation the employee is due and whether the termination is due to a resignation or an involuntary dismissal. A severance agreement may also discuss what, if anything, either party is allowed to say about the other party about the termination of employment.
Prompt attention to your case and resolution of your concerns
Ability to handle all details of your case online without having to set foot in our office
Years of extensive experience drafting and editing employment contracts
Contact Your Dedicated Employment Contract Attorneys in Buffalo, NY
If you are concerned about whether your existing employment contracts are able to give your business the best legal protection possible, Lawyer for Business’s employment contract review lawyers can offer timely and effective assistance. And if you have decided it is time for your small business to start using employment agreements, call us for a free consultation and let our knowledgeable New York employment agreement attorneys help you craft employment contracts tailored to your needs, concerns, and your company's operations today.