Employment Contract Review
An employment contract review is performed by an employment lawyer to analyze an employment agreement between an employer and employee for fairness, thoroughness, and legal compliance. Most companies hire lawyers to write their contracts. Employees should hire legal representation of their own to ensure they are receiving a good offer.
The elements that employment lawyers will review in an employment contract review includes:
- At-will employment language
- Non-solicitation agreement review
- Non-compete agreement review
- Confidentiality agreement review
- Proposed wages, benefits, and other compensation
- Compliance with state and federal wage laws
- Correctly identified role of employee
- Adequately defined duties review
- Term of employment
- Other elements
Here is a web page that offers a state labor laws guide for more information.
Types of Contract Review
There are two types of employment contract reviews, including simple and complex. The types of reviews you choose will depend upon the type of employment deal being structured.
Here’s a closer look at each one below:
Simple employment contract reviews are a high-level analysis of the proposed agreement. Employment lawyers will review it for:
- Satisfactory terms for the client
- Parties adequately identified and named
- Contract completeness
- Explanation of risks, limitations, and privileges
- Findings and recommendations for re-negotiation
Complex employment contract reviews involve an initial contract analysis. Still, your employment lawyers will play a more prominent role in the negotiation and communication with the employer or employee.
This type of review may involve the following:
- Initial employment agreement review
- Presentation of findings and recommendations
- Discussion with the other party to reach a satisfactory agreement.
- Executive employment contract revisions
- Executive compensation and equity negotiations
- Employment duration negotiations
- Severance package negotiations
- Written vs. implied enforceability reviews
How Do Lawyers Charge for Contract Review?
Lawyers charge for contract reviews using hourly or flat fees. How much does it cost for contract review lawyer fees exactly? Let’s take a closer look:
Lawyer Hourly Fees
Lawyer hourly fees for employment contract reviews generally range from $100 to $350. Hourly fees depend upon numerous factors, including experience, law office overhead costs, and the complexity of the evaluation.
Flat-Fee Contract Review
Flat-fee employment contract reviews start at $175 for simple reviews and exceed several thousand dollars for complex ones. A flat fee review rate depends upon the employment lawyer’s experience, level of involvement, and other factors.
Here is an article about the contract review process.
ContractsCounsel’s Marketplace Data
Below is some data from the ContractsCounsel’s marketplace for employment contract reviews:
- Bid Ranges : $175 - $1,200
- Mean Hiring : $325
It is worth noting that each project is unique and may have different requirments. When posting a job , you should make it clear the level of support you are looking for, questions you want answered, and most critical terms you want in the contract.
What’s Typically Included in Fees?
Attorneys’ fees for a contract review include the consultation, review and analysis, proposed redlines, and handling memos and calls. The end result is a solid determination regarding the fairness and enforceability of your contract.
Here is what is included in each service:
Consultations are opportunities for you and your legal representative to discuss the particulars of your contract. Consultations with employment lawyers typically include:
- Background intake
- Overview of concerns
- Quick scan review
- Communications review
- Legal recommendations
Review & Analysis
Employment contract reviews and analyses offer employees more information regarding the proposed agreement’s enforceability, implication, and fairness. An attorney contract review and analysis include:
- Employee job security analysis
- Position start and end dates
- Termination clause review
- Compensation and benefits review
- Legality and fairness of job description
- Exclusivity review
- Reviews of other provisions
Proposed redlines are your attorney’s initial notes. Some lawyers physically write their notes in red ink as part of your attorney-client privileged review. Others may type up their findings and recommendations into a formal letter or template.
Memo and Call
Memos and calls to and from your lawyer between the parties become a critical part of attorneys’ fees. Your employments lawyers essentially act as the “hub” of all communications to ensure that all parties stay on the same page throughout the review process.
What Type of Lawyer Do I Want?
Employment lawyers with experience in the industry you work in are best-suited for reviewing employment contracts. They have experience, training, and first-hand knowledge regarding specific issues employees face across your industry. If you want reassurance regarding your contract’s fairness, always have employment lawyers conduct a thorough contract review and follow through on their legal advice.
For example, if you are a dentist and want a Dental Associate Contract reviewed, it is important to find a dental lawyer who understands the intricacies of the industry and what is fair for your role.
What Information Will You Need Ready?
The information that you supply to an employment contract review attorney will affect your overall result. If you are more thorough with the information you provide, you may find your employment agreement review results more satisfactory than leaving out key details.
Your Employment Background
Your employment background, criminal history, credit score, and specialized skills are negotiation points for some positions. Employment background documents to bring with you during a contract review includes:
- Copy of your resume or CV
- Identification or social security card copies
- Copies of licenses and certifications
- List of your specialized skills
- Copy of your credit report
- Copy of a background check
- Reasonable accommodation recommendations
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Information About New Role
The information about your new role will help your employer lawyer determine legal compliance with state and federal laws. Employment background documents to bring with you during a contract review includes:
- Original job posting
- Job offer letter from the employer
- Meetings notes you’ve taken
- Employer handbooks
- Copies of forms you’ve completed
Your Current Questions
Your current questions about your contract are another essential service that contract lawyers provide. They can address your immediate concerns and provide legal advice on how to handle them.
Examples of questions to ask your employment attorney include:
- Question 1. Am I receiving fair compensation for my given background?
- Question 2. What are the legal implications associated with signing this contract?
- Question 3. Do you see anything glaringly wrong with this contract?
- Question 4. Is there anything missing from this contract?
- Question 5. How can I renegotiate unfavorable terms with my employer?
Your priorities as an employee are different from the priorities of your employer. Companies generally approach contracts with stakeholders in mind. Ensure that someone is considering yours by sharing them with employment lawyers.
Examples of Priorities
Examples of employment contract priorities include:
- Priority 1. Compensation
- Priority 2. Severance
- Priority 3. Benefits
- Priority 4. Term of employment
- Priority 5. Obligations
Here is a web page about labor laws and issues to help better prepare.
What Is Normal Turnaround?
Normal turnaround times for employment contract reviews can take as few as a few days or as long as several weeks. The turnaround time for your contract review depends upon the complexity of your employment agreement, authority participation, and negotiation outcomes.
Can I Negotiate My Employment Contract?
You can negotiate your employment contract. However, you run the risk of your prospective employer walking away from the offer. Before negotiating an employment contract, ensure that you have a negotiable point and leverageable competencies.
Here is an article about how to negotiate a contract .
Get Help with Your Employment Contract
Get help with your employment contract by hiring employment lawyers . They will ensure that someone is looking out for your rights and interests as an employee.
Work takes away a large amount of our time and attention in life. Both parties are making a significant investment in each other. Protect your future career by working with employment lawyers to help determine if you are receiving a fair deal.