Columbus, Ohio Employment Agreement Review Lawyers

Employees are sometimes asked to sign written contracts at the beginning of their employment or even to sign a page out of their employee handbook without exactly knowing just what they have agreed to and what the implications are in terms of their rights. 

These contracts are supposed to establish the rights and responsibilities of both the employer and employee. As a result, it is critical that employees understand any and all terms included in them. The Columbus, Ohio Employment Agreement Review Lawyers of Marshall Formal & Schlein can review and negotiate employment contracts on behalf of both employers and employees, contact us today for a free consultation. 

What is Included in Employment Contracts?

While each employment contract differs depending upon the type of work involved and the circumstances, they often address similar issues, such as:

• Base compensation (i.e., salary or hourly)
• Circumstances that may give rise to bonuses, commissions, and other compensation, such as stock options
• Job title and responsibilities/performance expectations
• Vacation, sick, and medical leave
• Any benefits included, such as life insurance
• Start date (and end date, if applicable)
• Circumstances under which the contract may be terminated, including whether employees can be terminated without cause, grounds for termination, etc. 
• If applicable, severance pay provisions, non-compete clauses, non-solicitation clauses
• If applicable, how disputes that arise may be arbitrated and the law(s) that will govern the arbitration
• Confidentiality requirements regarding proprietary information 

Most employment contracts are in writing. Therefore, it is important that if an employer has made any additional promises to an employee verbally, they are included in the written contract. It is also important to note that these contracts can be negotiable, and some employees do choose to negotiate benefits and compensation, for example. Points of negotiation can also include what grounds for termination are included, severance, and more. 

Reasonability in Employment Contracts

It is important to note that while non-compete clauses are enforceable in Ohio, there are requirements in place in order to ensure that these types of agreements are “reasonable” in order to ensure that employees are properly protected. For example, these types of clauses can only go so far as to protect a “legitimate interest” on behalf of the employer. 

In addition, courts in Ohio have, in some circumstances, found arbitration agreements to be both substantively and procedurally unconscionable; for example, if they require the employee to arbitrate claims outside of the employment relationship. Employment agreements with required arbitration, for example, cannot seek to include every possible situation that might arise in an employee’s life. 

Employment or Service Contract?

In some circumstances, it can also be confusing to figure out what the relationship is with one’s employer and, therefore, what an employment contract should look like. For example, companies will frequently enter into contracts with independent contractors, but these agreements typically look very different from contracts with ‘regular’ employees. In addition, there are also some circumstances where employers treat an employee as an independent contractor instead of a ‘regular’ employee, illegally, in order to avoid certain fees. In these circumstances, it is best to consult with an employment attorney to ensure that your rights are not being violated.

Columbus, Ohio Employment Agreement Review Lawyers

The Columbus, Ohio, employment law attorneys of Marshall Forman & Schlein help employees and employers with employment contracts. We ensure that parties understand the terms, and if unfavorable, we are able to suggest and negotiate more advantageous adjustments. Contact us today for a free consultation and read more about the clients we have helped through the years here.