BEFORE ACCEPTING A JOB OFFER, DO THE FOLLOWING: EXPERT COUNSEL So you finally get a response from the hiring manager of your ideal company after a protracted job search, numerous interviews, and sending thank-you emails to all of your interviewers.
Your eagerly anticipated job offer is now in your mailbox. All that’s left to do is sign on the dotted line to complete the transaction. But wait a minute
Take another look at that employment contract before you blindly accept the offer out of feelings of gratitude and excitement. Or, even better, have a lawyer who specializes in employment law review it for you.
You can miss anything that will put you in a tight place later on unless you are well versed with labor and non-compete agreement laws . Many people make commitments they subsequently regret having made, or even lose their ability to work in their field.
So, before you accept that job offer, be aware of the following warning signs.
AVOID RESTRICTIVE CONTRACTS. Finding any restrictive covenants in your new employment contract is one of the main benefits of hiring an employment attorney to evaluate it. Restrictive provisions are frequently inserted into employment contracts by employers to stop employees from performing certain tasks.
These provisions go far beyond limiting employees only while the contract is in force; they may continue to have an impact on employees for years after the contract has ended.
DISPUTES CLAUSE The non-compete provision is the most typical restrictive covenant used by employers, however there are others.
Even after the contract has ended, a non-compete clause may prevent an employee from returning to the same sector or profession. You must make sure that you are fairly rewarded for any non-compete clauses that may be included in your job contract.
Non-compete provisions, sometimes referred to as restraint of trade s, can state that you are prohibited from working for a comparable company for a predetermined period of time after your employment expires. Beware, as this limiting clause may affect your ability to earn a living after leaving the organization.
DO NOT SOLICIT CLAUSE A non-solicitation clause is another restrictive covenant that is frequently included in employment agreements.
Employees are forbidden by non-solicitation agreements from leaving the company and taking their clients with them, regardless of whether they initiated contact with the clients in the first place. Non-solicitation provisions frequently also apply to coworkers, preventing them from quitting their jobs to start their own firms.
BEWARE OF UNLAWFUL DEMANDS The ability to identify any illegal requests in your new employment contract is another incentive to contact an experienced employment lawyer to review it.
Employers frequently forget that the clauses they introduce into an employment contract are unlawful, therefore they rarely do this on purpose or with malice. For instance, even though certain non-compete clauses wouldn’t hold up in court, companies nonetheless include them in the contract.
It is ideal for companies to retain their own employment attorney to draft employment contracts and guarantee compliance, but this isn’t always the case. Employers sometimes lack their own attorneys when it comes to startups and small businesses.