What is an Employment Contract in San Jose?
An employment contract is an agreement between an employee and an employer that governs the employment relationship. California is an at-will state, which means that absent an employment contract, either the employee or the employer can end the employment relationship at any point in time and for any reason at all — as long as the reason is not discriminatory or otherwise in violation of state or federal law. While many employees in San Jose are at-will employees, many professional and salaried employees have employment relationships that are governed by the terms of an employment contract.
Employment contracts, like other types of contracts, are generally enforceable as long as there has been a “meeting of the minds” on the material issues in the contract. While employment contracts can vary depending on the nature of the employment and the field or profession, the following are general elements that will appear in California employment contracts:
- Employee’s job title;
- Employee’s compensation;
- Employee’s benefits, including vacation and sick pay, retirement contributions, and health insurance;
- Responsibilities or duties of the job;
- Duration of the employment contract;
- Conditions under which the employee can be terminated;
- Notice periods for ending the employment relationship;
- Severance arrangements;
- Restrictive covenants, including confidentiality agreements; and
- Method of resolving any disputes arising out of the employment agreement.
It is important to be aware that non-compete agreements are unenforceable in California. As such, employment agreements should not include them, and they will not be enforceable in the event they are included in an employment contract.
While severance arrangements are often included in employment contracts, these can also be negotiated when the employment relationship is coming to an end. A severance agreement or arrangement does not need to be included in an initial employment contract. Depending on the nature of your employment, it may be important to renegotiate the terms of the employment contract on an annual or a biennial basis, for example. An employment contract lawyer lawyer can assist you with all aspects of employment contract negotiation, whether they occur at the start, in the middle, or at the end of your employment.
Reach Out to the San Jose Employment Contract Lawyers at Venardi Zurada LLP
If you need assistance with any aspect of employment contract negotiation or interpretation, the attorneys of Venardi Zurada LLP /about/can help. Contact our experienced San Jose employment contract lawyer today. Call us at (833) 893-6763 or reach us online to schedule a consultation.
