What Does an Employee Contract Lawyer Do?
An employee contract lawyer is a workplace lawyer who specializes in employment contracts and workplace law. They are responsible for the reviewing, drafting, and negotiating of employment contracts, as well as workplace investigations, workplace policies and procedures, human rights, and wrongful dismissal. For example, an employee contract lawyer will assist an employer in reviewing, drafting, and negotiating employee contracts. For a detailed understanding of employment contracts and the key components and provisions of an employment contract, please refer to our article "Do You Need an Employment Agreement?". The employee contract lawyer will review and assess the current contracts in place to determine whether they are compliant with the law and whether they suit the needs of the company. The employee contract lawyer may suggest corrections be made, or create new contracts as necessary. While the lawyer cannot guarantee any results, they may be able to help ensure that the employment contracts contain appropriate clauses, including a termination clause that ensures that no matter what happens, the person being dismissed from work will not be entitled to more than what is stipulated in their contract . The employee contract lawyer will also discuss the nature of the workplace with the employer to determine what kind of terms and conditions would be best suited for it. For example, if the company requires their employees to travel and/or stay late, the lawyer may recommend putting something in the contract that will give them the right and ability to provide necessary services rather than negotiate later and risk losing those business opportunities. It is incredibly important that the employer be upfront and honest about what they require from their employees, so that the contract can be properly drawn up and everyone is on the same page. If a contract is written that does not contain the proper clauses to reflect the true nature of the employment relationship, it can have serious legal implications down the road. In the case of an employment contract dispute, the employee contract lawyer can assist both parties in reaching a resolution. If the employee is wrongfully terminated or mistreated at work, the lawyer may work on behalf of the employee to obtain for them the maximum amount of severance compensation or other damages.
When Would You Need an Employee Contract Lawyer?
The complexities of the labour laws in Manitoba mean that an individual or a business may need a lawyer to draft or review employee contracts, and help to resolve any disputes that may arise. An employee contract lawyer drafts the agreements that govern the relationship between an employer and their employees, outlining the rights and responsibilities of both parties.
There are a number of situations in which you might find yourself hiring the services of an employee contract lawyer, including:
Disputes
In the unfortunate event that a dispute arises between you and an employee, speaking to an employee contract lawyer can be an effective alternative to lengthy litigation and court cases. If you find yourself in the midst of a disagreement with an employee, you can decide on a solution together or let your lawyer consult you on the best options.
Clarification
If you’re unsure about the answer to a legal question surrounding the duties of either party, the bonus of hiring an experienced employee contract lawyer is being able to benefit from instant clarification on any matter.
Labour law compliance
Labour laws are constantly changing, from the minimum wage to parental leave benefits, and not all employees are aware of their rights under the law. An experienced employee contract lawyer can ensure that you are compliant with all labour laws and help you avoid legal implications down the road.
Elements of a Strong Employment Contract
When an employer drafts an employment contract, he or she should consider including the following key elements:
Job responsibilities
An employer should outline in detail the applicant’s expected job duties. What will this person be doing every day? Be very specific about what a person will do day to day. You may also include a statement giving you the right to change their duties at your discretion, according to the needs of your company.
Salary and benefits
The salary and benefits section is used for professionals with set salaries. It allows you, the manager, to set a rate of compensation for your employee. Keep in mind that you can specify what the salary range is as well as any other benefits you will be offering your employee, such as tuition assistance, profit sharing, etc.
Termination clauses
You should specify how the employee’s employment with you can be terminated. If there is no set term limit on your employment contract, the termination clause can be a simple 14 or 30 day notice for employees or the swift firing of managers and executives. Keeping this policy in mind protects both you and the employee.
Confidentiality agreements
If you are seeking to protect internal confidential information, you should include a confidentiality agreement in your employment contract. It is the best way to ensure that your confidential information is protected and is especially important when you are hiring an executive or senior manager since these are the types of positions that have the most access to company secrets.
How An Employee Contract Lawyer Deals with Conflict
Given the level of disputes between employers and employees, both employers and employees rely on an employee contract lawyer to create and provide resolution for those disputes, and to have access to an effective employment lawyer. There are common ways that employee disputes are resolved, as most employment contracts will include clauses that determine how to resolve any disputes in the future, or a default approach provided by employment law governs those disputes in the absence of agreement.
Alternative Dispute Resolution (ADR) refers to conflict resolution outside of the judicial system. Many of these disputes can be resolved much faster and at lesser cost than if an employee tried to resolve their dispute through the court system. Most labour relations boards will require that alternative dispute resolution options are employed before proceeding with a labour complaint. In addition, most employment standards complaints filed do not proceed past the conciliation phase , and are resolved at that stage through negotiation or mediation between the parties.
In most employment contracts, the language of resolving any disputes in the future will be found, and the likelihood of resolving the dispute as outlined in the contract is higher than if relying on the legislated process provided.
Disputes are best handled between the parties directly, and the following options are available to employees and employers to assist them in resolving their dispute:
This can include forcing a resolution through a settlement, the use of an independent third-party mediator, or voluntary arbitration (if included in the contract between the parties). Litigation may also be required if the parties are unable to resolve between themselves and are unable to agree to an alternative method of dispute resolution. Regardless of the method chosen to avoid the courts, a settled resolution between the employee and employer is most likely the only option to avoid the court system.
When to Select an Employee Contract Lawyer
Consider the following factors when choosing your employee contract lawyer. What is their experience? Do they specialize in labor law? Do they have a reputation for being a strong negotiator? Are they well liked by colleagues and former employers? A good employee contract lawyer will often have good relationships with other lawyers, both employee side as well as employer side lawyers and former employers. Why? Because it lets employers know that the lawyer has a good track record for a employee side representation and likewise, it lets employees know that the lawyer has a good track record with an employer side representation. A lawyer with good reputation and good standing gets listened to.
What also matters is whether the lawyer has good communication with the client. Does the lawyer listen to client needs? Does the lawyer take the time to make sure they fully understand the client’s personal situation as well as the legal situation. The more communication and solid understand of a client’s needs that occur, the better the relationship between client and lawyer. This makes it easier for task based billing or hourly billing, but sometimes the relationship is best served with flat rate or retainer fees and our contacts are offered with flexibility to meet our client’s needs.
An uncommunicative lawyer can kill an employee contract case. One of the biggest complaints I hear from new clients is that their previous lawyer did not return calls or emails. Having been a previous litigator, I can appreciate that there may be times when it is difficult to return calls or emails due to court dates, investigations, or cases on trial. Those situations are common. But how you communicate with your clients during those times will say a lot about you. It is not uncommon at all for me to have 20 or more phone and email communications with a client during the first week after being retained in an employment related matter.
Employee Contract Lawyer Trends
As the business world continues to evolve, so do the legal trends that shape the use of employee contracts. The rise of remote work, for instance, has led to new considerations for companies looking to protect their interests while also providing flexibility to their employees. Indeed, written agreements go beyond the traditional realms of employment and are now routinely used to govern relationships between companies and contractors, interns, and other non-employee personnel. As a result, hiring practices that were once commonplace may now be outmoded, particularly as newer generations enter the workforce with different expectations and skillsets.
Forget the old adage that the world has become smaller, the truth is that it has been reduced to a postcard. The internet and social media have bridged the gap of communication between businesses and potential employees across the globe, creating opportunities for companies to tap into talent without the need for relocation. Today’s workforce is not limited by geography, and the companies that recognize this change in trend are those that stand to benefit.
As a result, employer contracts will increasingly include considerations for remote work policies that set boundaries to avoid abuse by either party; specifically, employers should clarify the geographic areas where services will be rendered, especially when the company is not based in the same area as the new hire. Additionally, given the steady rise of gig economy companies in recent years, the legal agreements governing certain positions should particularly address the nature of the employee-employer relationship to avoid a misclassification .
In a related vein, employee contracts will need to continue adapting to the changing regulatory climate. Issues such as discrimination, wage and hour laws, workers’ compensation, and rights when it comes to collective bargaining are just some of the areas in which the legislation has evolved to better protect workers. As a result, companies also need to stay one step ahead of the game and ensure that their employment contracts do not run afoul of any recent changes in state or federal law.
Unsurprisingly, the legal landscape for employment contracts is also evolving alongside the younger workers that form the backbone of today’s modern workforce. Now more than ever, new hires are more concerned with the work environment and culture that a company offers than the compensation afforded by the position. This means many companies now offer unique perks to attract the best and brightest, including generous leave policies, flexible hours, and work-from-home opportunities. This trend has already begun to be reflected in standard employment agreements, but will quickly become necessary to stay competitive.
While companies prepare for the future by investing in new technologies and workflows, they also have to invest in their legal agreements and protections. The trend is clear, employment agreements will continue to increase in complexity as the workplace evolves in the coming years. The common denominator will always be to create a contract that clearly protects the company, meets the needs of the workforce, and complies with all relevant laws. Keeping these factors in mind will help a savvy business secure the best talent while avoiding the pitfalls of the modern business world.