You should know your rights and responsibilities when you sign an employment contract.You don't want to be surprised at a later date by a provision of your contract that you did not understand.It's important that you scrutinize your employment contract to make sure you know what you're agreeing to and what rights and obligations there are on both sides.
Step 1: Just because you are employed doesn't mean that you have an employment contract.
Employers in all states can hire people on an at will basis.If it's not illegal for an employer to let an employee go for any reason, then they can fire them.Federal law prohibits employers from firing employees on the basis of their race or sex.You still have to follow your employer's rules if you are employed on an at will basis.If you don't, you are at risk of being terminated.
Step 2: Workers may have rights based on their legal employment status.
Knowing what basis you are working for your employer is important.Some workers are self-employed while others are actual employees.Self-employed workers do not enjoy many legal rights that employees do.You need to clearly state whether you are an employee or a self-employed worker.If you are an employee, you may be entitled to certain legal rights, such as maternity, paternity and adoption leave.You can work for yourself if you are self-employed.You will not have the rights of an employee.You can provide a service or trade for a fee.It is more likely that you have a contract to provide services.Employees and self-employed workers have the same rights.Being paid minimum wage, being given minimum rest and lunch breaks, and being paid for all hours worked are some of the rights.
Step 3: If you don't have a written employment contract, you are an employee.
If you are an employee, you should always request a written contract of employment.Don't be afraid to ask if you have anything in writing.It is clear from the start what both parties intended and agreed upon, so having a contract in writing makes disputes less likely.
Step 4: Take a copy of your employment contract with you.
You should always keep a copy of your employment contract.If you have questions or concerns about your rights or responsibilities, you need a copy of the contract to refer to in the future.
Step 5: An employment contract should be in writing.
The terms of the contract should be clear.It is possible that terms do not need to be written in a contract.There are certain rights under state and federal laws, for instance, that apply to any individual's employment, whether they are contained in an employment contract or not.
Step 6: Employment contracts should always have certain information.
The purpose of your employment and how it will be carried out should be outlined in this information.A written employment contract should include basic information, such as the following: Your name and the employer's name, your job title, and at least a general job description.
Step 7: In addition to written terms, all employment contracts have implied terms.
Employment contracts have an implied term of mutual trust and confidence.This provision requires respect on both sides of the relationship and means that neither you nor your employer can act completely unreasonable.
Step 8: Be aware of the terms and conditions of your employment contract, so that you are prepared for any eventuality.
You should read your contract carefully, from beginning to end, and understand what provisions are and are not included.This process will allow you to understand your rights under the contract.
Step 9: Look for provisions that affect your rights.
You need to be aware of your rights and responsibilities in your employment contract.If these provisions are not included in your employment contract, you may not have the rights you need to keep your job in the future.
Step 10: Determine if your contract references an employee handbook.
Before signing a contract, you need to get a copy of the handbook and review it thoroughly.Valuable information about the terms of your employment can be contained in an employee handbook.
Step 11: You should consult an attorney for legal advice.
You should speak with an attorney who is knowledgeable about employment law and employment contracts if you have any questions.If you can, contact an attorney to make sure you understand your contract before you sign it.
Step 12: Look to see if your contract requires exclusive rights.
Employees may work more than one job in the same field if they are employed elsewhere.Some employers don't want their employees to work for a competitor.This is referred to as an exclusive clause.The provision should state if the employee is allowed to have any other job or if he or she is limited to a job in an unrelated field.
Step 13: Determine if the contract contains a non-compete clause.
Non-compete provisions can affect whether you can work in the same field after your employment is over.Some provisions will prohibit you from working in the same field for a certain period of time, and some will limit the geographical area in which you can work.Non-compete clauses can place restrictions on your ability to contact customers of your former employer or use contacts made while you were employed there.The terms of the exclusivity should be specified in the contract.For.
Step 14: There should be a confidentiality clause in your employment contract.
A provision in your employment contract is designed to protect your information, including trade secrets, client lists, and other confidential information.This clause is referred to as a nondisclosure agreement, and may be contained within a separate document from your contract altogether.Intellectual property that you create while working for the employer may be subject to confidentiality clauses.You won't be able to use the property you created while working for that employer after you leave.
Step 15: Do you know whether your employment contract contains a privacy policy?
Employers often have a technology privacy policy for their employees.Your employer may be able to access your email account at work.You may not use your employer's email account for personal email messages, as the employer may screen all of your email sent from that account.This type of policy may affect your use of social media.
Step 16: The contract should clearly define your pay.
Your contract should state whether you are paid on an hourly basis or by the project, as well as clarify other issues related to your pay.Your contract should state whether you are entitled to overtime pay, how much you will be paid for overtime, and whether there are limits on your ability to earn overtime.The ability to receive or earn raises in the future, the basis of any raises, and the availability of periodic cost-of-living increases in pay are some of the contract provisions related to pay.It is possible to earn bonuses at some companies.The exact circumstances under which you may be able to receive a bonus should be stated in your employment contract.If you are required to travel for your job, your contract should specify how the expenses are paid.If you have to relocate to take this job, you should find out if your relocation expenses are covered.
Step 17: Take a look at your benefit package in your contract.
It's important to be sure that you're getting the benefits you need and want at the company you work for.Medical coverage, retirement plans, and vacation time can be benefits.The amount of annual leave you have from your job should be clearly defined in your contract.There should be a breakdown of these days and hours in terms of sick leave, personal leave and vacation time.Information about maternity leave and leave under the Family and Medical Leave Act.The type of medical, dental, and vision insurance coverage should be specified in your contract, as well as the costs of premiums and basic coverage information for each program.If your employer offers a flexible medical expenses plan, you will be able to use pre-tax dollars to pay for uninsured medical and child care expenses.Information about pensions, 401(k) plans, retirement programs, and stock option programs can be found in your employment contract.Information about whether or not your employer will match your 401(k) contributions should be included in this provision.
Step 18: If you have an employment contract, consider the package.
If you quit your job or are terminated, you have the right to know if you will get a severance package.The benefits include your wages or salary for a period of time, continued health insurance coverage, and information about any stock options you own.
Step 19: There should be a provision in the contract about the resolution of disputes.
Information about sexual harassment policies should be included in the contract.What method of dispute resolution must be used in the case of a contract dispute should be specified by the contract.It is possible for your company to require you to go through alternative dispute resolution methods before you file a lawsuit.