Employment contracts are legal agreements between an employer and employee that officially create an employment relationship. In Los Angeles, employment contracts are governed by employment law, labor law and contract law. California public policy is focused on providing workers with the freedom to contract and enter into employment relationships of their choosing. Within these employment contracts are a wide assortment of terms, conditions and limitations that can be placed on the employment relationship as long as such contracts are not found to violate legal strictures and federal, state or local laws.
An employment contract is fully modifiable upon the agreement of both parties. Employment contracts can be written, oral and/or implied. The employment contract can cover a wide assortment of factors and conditions that relate to the employment relationship, including:
- The terms of the employment relationship;
- The duties that will be imposed on the employer and employee;
- The different terms and ways that the employment relationship can be terminated;
- Promises by the employee not to compete with the employer after the termination of the employment relationship; and
- Employment benefits to be received by the employer
Once the employment contract has been signed and consideration has been paid, an enforceable employment relationship and agreement exists. Most employment relationships in Los Angeles, California are at-will, which means that they can be terminated at any time by either party.
Employment Contract Provisions in Los Angeles
Employment contract review is the process of reviewing a contract to determine whether the contract is legal and enforceable, and whether the provisions contained within the agreement are amenable and beneficial to the party who is having the employment contract reviewed. While big businesses have legal departments full of attorneys who can conduct contract reviews, employees are at a disadvantage and will often have to use their own funds to have their employment contract reviewed. However, it is still prudent to review all contracts, especially employment contracts, before signing. Not doing so could result in you entering into an unfavorable employment relationship that unfairly advantages an employer at your expense.
There are numerous red flags to look out for in determining whether an entire contract, or a provision of an employment contract, is not enforceable under California state law. First, an employment contract will be considered invalid if it restricts an employee’s right to be free from indentured servitude. Indentured servitude occurs when an employee enters into an employment relationship with unfair conditions in favor of the employer. Such provisions can restrict payment to very low levels that violate minimum wage requirements, or put limitations on the employee’s ability to enter into future employment relationships. Thus, non-compete agreements that prohibit an employee from soliciting an employer’s clients and customers are typically unenforceable under California state law.
Another thing to watch for is an employment contract that prohibits an employee from engaging in political activities and other associations. Prohibitions against union membership and other comparable employment activities go against California public policy with regards to the right of all people to freely associate.
Los Angeles, California Employment Law Attorneys: Exceptional Legal Assistance for Employment Contract Reviews
Employment contracts are extremely important legal agreements that govern an employment relationship. Before entering into any employment contract, you should have the contract carefully reviewed by a trained employment law attorney. Contact the lawyers at HKM Employment Attorneys LLP in Los Angeles, California today to go over the specifics of your agreement.