Many customers use ContractsCounsel’s platform to find lawyers to help with reviewing or drafting employment contracts.
We analyzed a large sample of real client responses to questions we ask when posting a project so we can better understand how employers and employees approach employment contracts when hiring lawyers.
Wherever you are in the process, this guide will help you understand the issues clients need to think through, questions lawyers may ask, and how other clients have responded in the past.
Question: What type of jobs do employment contracts typically offer?
Answer: Mostly full-time roles, with some contractor agreements and some part-time positions.
Most clients who need help with an employment agreement (drafting or reviewing) involve traditional full-time employment. A meaningful share covers independent contractor arrangements, typically when the compensation is high.
Takeaway: Hiring a lawyer to help with an employment contract is an investment to make sure you stay protected. Full-time employees or high-value contractor agreements typically justify the expense, given the amount of compensation these types of employment engagements involve.
Question: What are typical job titles or responsibilities for clients needing help with employment contracts?
Answer: Roles span healthcare, executive leadership, technical fields, sales/marketing, and admin/support.
Common roles include physicians and other clinicians, executives (CEO/CFO/COO/VP/Director), software and engineering professionals, sales and marketing talent, and administrative staff. Specialized positions like psychologists, chiropractors, and flight instructors also appear frequently.
Responsibilities range from clinical care and patient management to product development, operations, revenue growth, and team leadership.
Takeaway: Lawyers will want to understand the role the employment contract covers to think through certain issues. A wide variety of roles make the investment to hire professional help.
Question: What clauses or terms do you have questions/concerns about?
Answer: The most common concerns relate to restrictive covenants and termination terms. Others are related to equity, IP, confidentiality, pay structure, and enforceability.
Clients frequently ask about non-compete and non-solicitation provisions, notice and severance, equity and vesting mechanics, IP ownership and confidentiality, bonuses/commissions/reimbursements, exclusivity and outside work, and which state’s law applies.
Takeaway: Understand how each clause affects your future options and income. Laws vary by state, so get counsel to tailor or negotiate terms that match your goals and comply with local rules.
Question: Is equity compensation frequently included in employment offers?
Answer: Sometimes. Most contracts don’t include equity, but it is more common amongst leadership roles, startup positions, and specialized roles.
Where equity is offered, it often comes with vesting schedules and performance or time-based conditions. However, many contracts only offer salary/hourly pay plus benefits.
Takeaway: Equity can make a lawyer’s job more complex since it is typically high value and comes with additional legal terms to review. For example, terms would include vesting, cliffs, acceleration, repurchase rights, and how terminations affect equity. There also may be tax implications to review.
Question: For contract review, what do you want the lawyer to do?
Answer: Clients typically request a comprehensive review with redlines and negotiation support.
Most clients want a thorough review of the terms along with suggestions by the lawyer to improve their legal terms. Help for negotiation is also requested to help the client with multiple rounds of revisions.
Takeaway: If you’re paying for a review, clients want lawyers to do a thorough job identifying risks, tightening language, and improving economics (salary, bonus, equity, severance) while keeping the relationship constructive.
Question: For employers, what type of businesses request custom drafting of employment contracts?
Answer: A wide spectrum with focuses in healthcare, staffing, manufacturing, software/IT, retail, logistics, food services, and consulting.
Many drafting projects are on behalf of medical practices and healthcare facilities. Others notable categories are recruiting/staffing firms, tech companies, consumer businesses, agencies, and SMBs across many verticals.
Takeaway: Industry matters. Regulated fields (like healthcare) and sales-driven roles often need custom work for compliance, licensure, commission plans, and data/security requirements.
Question: Do you want the contract drafted as a template to use multiple times?
Answer: Most clients prefer reusable templates so they don’t have to pay for a new contract each time.
Templates reduce costs in the long run, and also promote consistency in terms and streamline the hiring process.
Takeaway: Use a master template plus schedules or exhibits (ex: commission plan, equity grant, role-specific duties) to balance standardization with flexibility.
Question: What State do the employee live in that hire employment lawyers?
Answer: Employees are spread across many states but the highest requests come from California, New York, Texas, Florida, and Delaware. Others like Illinois, Washington, New Jersey, and Arizona common as well.
Geographic spread means state law frequently affects enforceability (e.g., restrictive covenants), required notices, wage/commission rules, and dispute resolution.
Takeaway: Make sure your employment contract follows state laws. Align governing law, venue, and key clauses with the employee’s state and any mandatory state addenda or notices.
Question: What are some unique features seen in employment contracts?
Answer: Unique features include equity, commissions, bonuses, or other compensation-based incentives.
Incentive structures are most common in leadership and sales/business-development roles and add complexity around metrics, timing, clawbacks, and post-termination treatment.
Takeaway: Most language in employment contracts are standard, but you may find some unique features related to variable compensation.
Final Thoughts on Employment Contracts
Employment contracts are a frequently requested service on the ContractsCounsel platform. Being prepared with information lawyers will want to know will put you in the best position to make sure your project is a success. Employment offers typically represent a large amount of compensation, so investing to make sure you are protected is always recommended.
Need help drafting, reviewing, or negotiating an employment contract?
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