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What Do Lawyers Look For When Reviewing Employment Contracts?

What Do Lawyers Look For When Reviewing Employment Contracts?

Reviewing your employment contract with an employment law attorney offers you the opportunity to not only ensure that you understand all of the terms and conditions in that contract but the chance to ensure that the contract is sound and ask questions about your ability to negotiate in some areas of the contract.

What Information Do They Need?

When having an employment law attorney review your contract, it is a good idea to bring the following information with you:

  • Your resume listing any specialized skills you have
  • Social security card
  • Any licenses and certifications
  • Credit report
  • Background check (if applicable)
  • The original job posting
  • Offer letter from your employer
  • Any notes you’ve taken based on conversations with your new employer
  • Any handbooks the employer has provided you with

Also, make sure that you have thoroughly considered what your contract priorities are (for example, compensation, benefits, job security, etc.). 

Important Terms and Conditions

Typically, when an attorney reviews and analyzes your employment contract, they are looking at the following:

  • Start and end dates/conditions
  • Job duties and other expectations/responsibilities for both employer and employee/job description 
  • Whether an employee is exempt or nonexempt (and therefore whether you are eligible for overtime)
  • Termination conditions/”at-will” employment status
  • Compensation and benefits provisions
  • Legality/fairness of overall contract
  • Job security analysis
  • Review of any restrictive covenants and additional clauses, such as non-compete and/or confidentiality clauses

Your attorney may redline the contract itself and/or write their findings and recommendations in a formal memo.

Questions to Ask

Some of the topics that you and your attorney should discuss include the following:

  • Am I receiving fair compensation for the position?
  • Under what conditions can I be terminated? Will there be any severance if I leave?
  • Do you see anything wrong with the contract?
  • Do you see anything missing from the contract?
  • Is it possible to renegotiate any of the important terms and conditions, and if so, how do I go about doing this?

Columbus, Ohio, Employment Contract Review Attorneys

At Marshall Forman and Schlein, our employment law attorneys have the experience and training when it comes to reviewing and analyzing employment contracts. If you want to ensure that your contract is accomplishing what you need in terms of your relationship with your employer, contact our employment law attorneys today for a free consultation and schedule a thorough contract review. 

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