Negotiating and Enforcing Employment Agreements
Statistically speaking, the majority of employment contracts are unwritten. Though supplemented and informed by statutes, regulations and the employer's personnel policies, the basic employment agreement boils down to payment and benefits in exchange for the satisfactory performance of a particular job. Either party is free to terminate it at any time within the limits of laws against discrimination or retaliation.
It is sometimes in the interests of both the employer and the employee to formalize the employment relationship through a contract. Negotiation and documentation of the terms of an employer/employee relationship, especially for high-profile employees like executives and professionals, can protect both parties from future disputes. Contact Seder & Chandler in Worcester to learn how our attorneys can advise you about the best approaches to employment agreements in your specific circumstances.
We can help you identify and resolve the issues that are likely to figure in your most important employment agreements, whether they involve executive compensation, severance terms under different scenarios, sabbatical leave for professionals, performance-based compensation, noncompete and non-solicitation terms, or options for renewal or extension.
Our experience with written employment and severance agreements in a wide variety of situations can protect your interests while narrowing the gap between one side's offer and the other side's demand. Other terms that should be considered might address:
- Performance review factors
- Defining permissible causes for termination
- Buyout options
- Conflicts of interest
- Remedies for breach by either party, including noncompete terms after separation
- Mandatory arbitration
- Assignability of the agreement in case of merger or sale of the employer's business
- Continuation or termination of benefits upon severance for various defined reasons
Seder & Chandler offers comprehensive client service on executive or professional employment issues in banking, academia, medicine and other professions, high-tech, insurance, real estate, nonprofit leadership and other employment settings. Our lawyers handle the initial negotiation and documentation of employment agreements, the renegotiation of particular terms to address new circumstances, the renegotiation of severance terms when either party's interests require it, and the enforcement of employment or severance agreements in court or arbitration whenever necessary.
For additional information about any aspect of written employment agreements in your business or profession, contact Seder & Chandler today. With offices in Worcester and Westborough, we represent clients throughout central Massachusetts and the Metro West Boston area.
