The majority of employees in Ohio and throughout the United States are not required to sign an employment contract when they start working for an employer. Ohio’s at-will employment laws will govern any disputes between the employer and the employee without an employment contract. Under Ohio’s at-will employment law, the employee or the employer can end the employment relationship for any reason at any time As long as the termination does not violate employment laws, including anti-discrimination and anti-harassment laws.
What is an Employment Contract?
A well-written employment contract can protect the employee and the employer by explicitly setting forth the responsibilities and benefits of the employee. There are various types of employment contracts, and signing an employment contract can significantly affect an employee’s responsibilities and rights.
If your employer has presented you with an employment contract, it is crucial that you know that you have the right to negotiate the contract. You also have the right to discuss the contract with an attorney who can help you understand what you are signing and ensure there are not any major red flags that could hurt you. Whether you have been asked to sign an employment contract severance agreement or are involved in a dispute over an unemployment contract, HKM Employment Attorneys are here to help.
Types of Employment Contract Disputes We Handle
Disputes involving employment contracts in Ohio can involve multiple legal issues. HKM Employment Attorneys work diligently to simplify the process of resolving contract disputes for our clients. We can help you understand your contracts’ terms, investigate potential violations, and develop a strategy to recover compensation.
In many cases, we can help our clients settle contract disputes out of court so they can avoid litigation. However, our trial-ready attorneys will be prepared to represent you in court if the dispute cannot be resolved. HKM Employment Attorneys have experience handling many different types of contract disputes on behalf of employees, including, but not limited to, disputes involving:
- The employer’s obligations under the contract
- The employee’s right to payment of compensation
- The employee’s rights to employment benefits
- Vesting of employee’s stock options
- Ownership of intellectual property
- Termination of the employment relationships (wrongful termination)
- Severance pay
- Non-competition and non-solicitation covenants
- Indemnification rights
- Issues with the contract itself
- Unconscionability of the employment contract
- Questions related to which state’s law governs the enforcement of the contract
- Mandatory alternative dispute resolution (ADR)
Protecting Yourself Through a Comprehensive Employment Contract
The purpose of an employment contract is to put in writing obligations and Promises between an employee and an employer. Employment contracts must meet specific requirements under Ohio law and cannot be so unfair to the employee that they are unconscionable. Each employment contract is unique and may address a wide range of topics, including the following:
- The duration of the employment
- Whether the contract will automatically renew after a specific timeframe
- The job duties expected from the employee
- The terms of compensation, including a salary, any commissions or bonuses
- Whether the employee is entitled to life insurance, and health insurance
- Whether the employee is entitled to vacation or sick pay
- The grounds for termination, such as for “good cause”
- Arbitration provisions
- Confidentiality provisions
- Non-compete clauses
These are only a few of the many different types of provisions that may be included in an employment contract. When written fairly and thoroughly, a contract can provide an employee with job security in exchange for requiring the employee to give their best efforts to the company. HKM Employment Attorneys provides clients in the Cincinnati area with contract Drafting and reviewing services.
Representing Executives in Employment Contract Matters
When business executives separate from their employer, whether through termination of their employment or voluntarily leaving, potential contract disputes can arise. Many companies require corporate executives and other professionals to Sign an employment contract when they begin working. When the professional relationship ends, the company May ask the employee to sign a severance agreement.
HKM Employment Attorneys provides executives with vigorous and skilled legal representation related to contract disputes. If you are joining a company and would like an attorney to review your employment contract, we can help you identify any potential red flags. If you leave a company, we can help you review your severance agreement to ensure you are treated fairly.
Severance Agreement Attorneys in Cincinnati
Before you sign a severance agreement limiting your right to pursue legal action against your employer, it is important that you discuss the agreement with an attorney. If you do have a valid legal claim against your employer, you could be hurting your future legal claim for compensation by signing an agreement prematurely.
If the company asks you to sign a non-compete agreement, we can help you understand whether that agreement is enforceable. It could prevent you from finding other career options. The severance agreement may be complex, leading you to wonder whether you are being treated fairly and adequately compensated. If the company asks you to sign a confidentiality agreement, doing so could hurt your career options.
Sales Contract Attorneys
Employers frequently use employment contracts when hiring sales employees. These contracts usually detail a commission structure. If you are a sales employee who works on commission, you have a right to bring a breach of contract claim if your employer does not pay you commissions or a salary according to the terms of your contract. If you are an independent contractor, don’t assume you have no right to compensation for unpaid commissions. You may be protected by Ohio Revised Code section 1335.11.
Our Cincinnati Employment Contract Attorneys are Here to Help
Employment contracts can protect employees as long as they are written fairly and under Ohio law. Have you been presented with an employment contract or severance agreement, or do you believe your employer is violating your employment contract? In that case, you may have a valid compensation claim. Contact the Cincinnati appointment Attorneys at HKM Employment Attorneys to discuss your legal options.