As part of our corporate and commercial practice, we provide employment, non-disclosure, & non-complete agreements litigation services.

Importance of Employment Agreements

Our business attorneys draft employment agreements and contracts custom tailored to your specific business needs and practices.  These agreements can be crucial to the smooth operations of a business and can help prevent or minimize legal issues.

Creating well-drafted relevant policies and agreements requires knowledge of changing state and federal regulations. Additionally, employment agreements must be tailored to laws that vary from state to state.  Knowledge of complex employment issues that relate to various industries and types of business is necessary for constructing agreements.  In addition, employee contracts must be drafted to stand the test of time and law, or revised as needed.

Companies should not rely on generic employment agreements because they often fail to provide adequate protection for all industry standards and forms of business.

Why NOT To Use Generic Online Forms for Your Employment Agreements

Employment agreements and policies are often overlooked by businesses. Many companies rely on outdated form contracts that do not specifically address their companies’ specific practices. In addition, generic forms do not address changing laws, regulations or new technology threats such as hacking or social media. As a result, many companies fail to recognize that the departure of an employee can result in loss of customer databases or other valuable trade secrets simply because of a lack of legal protection and foresight. While DIY forms can provide a quick fix, they can’t provide the advantages of having custom agreements created to fit the specific needs of your business, industry, and manner of doing business.

Type of Employment Agreements

There are numerous types of employment contracts and agreements that are necessary or useful for different types of businesses.  The most common type of employment agreements include the following:

  • Employment Policies

  • Social Media Policies

  • Employment Contracts

  • Independent Contractor

  • Confidentiality, Non-Disclosure

  • Non-Compete

  • Trade Secrets and Intellectual Property

Our attorneys also help work through terms such as salary, benefits, incentives, and term, as well as non-solicitation, non-circumvention, and non-compete provisions within employment agreements and contracts.

Employment Agreements for Prevention, Protection, and Use In Litigation

We draft agreements to prevent breaches, tighten enforcement, or assisting you in potential litigation.  Even with proper agreements and contracts in place, the potential for breach is possible.  Our attorneys are experienced in enforcement measures as well as in litigation of employee and contractor disputes. With well-drafted agreements, litigation can proceed most effectively and cost efficiently than it would without. So, effecting proper contracts and agreements is an important proactive measure for protecting your business.

Independent Contract and Employment Agreements

Deciding what qualifies as an independent contractor and what counts as an employee may vary by jurisdiction. Even if you have a contract in place outlining a contractor relationship, if legal processes aren’t followed the contract could be found invalid. Therefore, making a mistake in proper classification of an employee/contractor can be a costly lesson ending in steep fines. We review contracts you are using and advise on issues and also draft custom employment agreements for your business needs.

Businesses that utilize independent contractors as well as full-time employees may require separate and unique documentation. Independent contractor agreements can be an important element in distinguishing the relationship from an employment relationship. While unique, the agreements should likewise address provisions like non-disclosure of confidential information, non-competes, and intellectual property assignment and protections.

Enforcement of Employment or Independent Contractor Agreement

In the event employee or independent contractor covenants or contracts are backed by effective documentation and have been breached, our attorneys will investigate and plan appropriate action, including litigation, if needed, with the firm’s trial resources. Read more about our litigation services at our intellectual property litigation overview page and our business litigation overview page.

Additional Insights Regarding Employment Agreements, Non-Disclosure Agreements, and Non-Compete Agreements

For more information on these agreements as well as independent contract agreements, see our Legal Insights and Industry Solutions pages.