When a company makes a new hire, the employer and the employee often have informal discussions regarding the employee’s expected compensation, benefits, job duties, and term of service. An employment agreement serves to formalize these discussions and governs the ongoing relationship between the employer and the employee. At McCarthy Lebit, we have extensive experience drafting, reviewing, and negotiating these agreements on behalf of both corporate and individual clients.
Who We Are
The attorneys of our Employment Law practice group are highly respected in the legal community for their determined advocacy on behalf of their clients when drafting and negotiating employment agreements. Our Employment Law group brings more than three decades of experience drafting employment agreements and employment-related policies; because they also routinely litigate disputes between employees and employers over many of these same provisions and policies, the group understands how to negotiate an agreement that best positions their clients for success in their new roles.
Our Employment Law attorneys have gleaned invaluable insights about employment agreements from years of litigating related disputes. For example, they have a unique understanding of the various issues that often trigger disputes between employees and employers. These insights enable our attorneys to better anticipate problems before they arise, so they can propose modifications to triggering language in these employment agreements during drafting and review.
How We Help
A well-drafted employment agreement should lay out the specifics of an employer/employee relationship. They often contain provisions regarding the following topics:
- Employee compensation, including base and potential bonus compensation
- The employee’s anticipated job responsibilities
- The circumstances under which the employment relationship may be terminated
- The employee’s eligibility for employer-provided benefits
- Whether the employer maintains a long-term incentive plan
- Whether the employer maintains stock option plans
- Whether the employee has any obligations after separation, like non-competition or non-solicitation clauses
- Whether the employer has any obligations after separation, like severance pay
It is not unusual for clients to come to us with questions about an agreement they have been presented with and asked to consider accepting. Our attorneys recognize that interpreting contractual language may be challenging or overwhelming for our clients, so we take the review process seriously and will suggest or draft revisions to objectionable language to ensure that the document adequately protects your interests and accurately reflects the terms of a proposed offer of employment.
Who We Represent
McCarthy Lebit is equipped to assist at any stage of employment agreement negotiations. It is not unusual for clients to request that we draft an employment agreement from scratch. Other clients may have been presented with what appears to be a final employment contract, but there are concerns about what is includes. And for others, the terms may simply be included in a letter extending an offer of employment.
Our clients run the gamut from individual employees who have questions regarding their proposed employment agreement to those who may need assistance negotiating specific terms of an agreement. We also counsel employers – business owners of all sizes – who seek assistance developing employment agreements for their prospective hires.