ContractsCounsel Logo
Home Blog Lawyer for Employment Contract

Jump to Section

What Type of Lawyer Helps With Employment Contracts?

A lawyer that helps with an employment contract is typically a legally trained employment specialist who helps individuals or businesses draft, review, negotiate, terminate, or enforce employment-related agreements. Any time a business wants to hire a new employee, they will typically provide an employment agreement for the employee to sign to formalize their working relationship.

Employment agreements typically cover things like compensation, job duties and role, benefits, and termination. Employers can also use employment contracts to entice potential employees by offering favorable terms.

If you need to sign an employment contract, it’s always a good idea to hire an employment contract lawyer to help you. The terms of these agreements can get tricky and without the right guidance, you could find yourself stuck in a job you don’t want.

On the flip side, if you’re an employer that needs to hire an employee, it is recommended to hire an employment lawyer to make sure the terms of your agreement are legal to best protect your business.

How Enforceable Are Employment Contracts?

The enforceability of an employment contract depends on many factors. As a general rule, employment contracts are legally binding agreements between employers and employees if signed and include terms that are legal under the law. Below are some common considerations any employment lawyer will think about regarding enforceability:

  • Are the terms of the contract legal? If not, the contract (or a part of the contract) may be deemed as not legally enforceable.
  • Are the terms clear and specific? If not, there may be arguments made related to the ambiguity of the terms to invalidate aspects of the agreement.
  • Did both parties mutually consent to the agreement? If not and one party was forced to sign under duress, the agreement may not be enforceable.
  • Is there something of value in exchange for the employees’ services? If not, the agreement may be considered unenforceable since contracts must have something of value exchanged.

What Does an Employment Contract Lawyer Do?

If you are an employee that receives an offer letter, an employment lawyer can help you review the contract to make sure the terms are legal and fair, as well as negotiate on your behalf with the potential employer.

If you are an employer needing to prepare an employment contract for a new hire, the lawyer can help you analyze the role and terms you will want to include in the agreement, as well as draft and prepare the contract to be provided to the employee. If any negotiations follow, they can help with those as well.

If you are an employer or employee that has been caught up in an employment-related dispute, an employment lawyer can help you analyze the contract that existed between the two parties and advise on the next best steps in handling the dispute.

Here are some other common types for employment agreements:

Meet some lawyers on our platform

Samuel R.

67 projects on CC
CC verified
View Profile

Faryal A.

191 projects on CC
CC verified
View Profile

Linda W.

10 projects on CC
CC verified
View Profile

Damien B.

16 projects on CC
CC verified
View Profile

Here are some real life examples of what types of details employment contracts include and how employment lawyers can help:

Compensation

Perhaps the most important thing an employment contract includes is information about your compensation. This portion of the agreement determines how often you will be paid, and how.

Typically, two different types of payments are most popular in employment contract agreements:

  • Hourly pay
  • Salaried pay

As the name suggests, hourly pay is paid by the hour at a set rate determined at signing. Salaried pay indicates that you will be paid a set, pre-determined amount for all the work you complete in a pay period. Other types of compensation include commission-based pay or performance-based pay.

This portion of the contract can also include information about how much raises are, how raises are calculated, and how they are communicated. If you’re looking to receive regular raises, the details must be included in this portion of the contract.

If you’re expecting overtime pay or pay for holidays, that should be included here too.

Employment contract lawyers are helpful because they can help you understand how the compensation clauses in your contract affect you. Additionally, they can assist in negotiating pay, benefits, and other areas of the compensation portion of your contract. The outcome of negotiations depends on various factors so consult with a lawyer if you have questions.

Vacation and Sick Time

Vacation and sick time are crucial parts of employment that determine how balanced your work and personal life are. When you advocate for a healthy work/life balance, you’re more likely to have the energy you need in your personal life.

Sick time ensures that you have an adequate number of hours each year to compensate for the time you are unable to come to work due to illness. Sick time varies depending on local laws and company policies. Consult with a lawyer to understand specific regulations and provisions in your state.

Vacation time ensures that when you need time to recharge, you don’t have to miss out on pay because you take time off work. Time off is just as important as time spent on the clock and greatly affects productivity and satisfaction in the workplace.

If your employment contract doesn’t include terms surrounding vacation or sick time, an employment lawyer can help advocate to get those items added in. They can also negotiate more hours a year for you if the number of hours offered isn’t satisfactory.

Benefits

The best workplaces care about their employees and want to take care of them. Benefits are one great way that they can make sure employees are in the best shape.

Some benefits that may be included in an employment contract are:

  • Health insurance
  • Dental benefits
  • Eye coverage
  • Extended leave
  • Family leave
  • Disability benefits
  • Workers’ compensation
  • Student loan payments
  • Tuition reimbursement

Contract lawyers ensure the terms surrounding these areas are legally sound and beneficial for their clients. They can also negotiate better terms in these areas if needed.

After Termination Requirements

After employment is terminated, employers may have expectations of former employees outlined in the employment agreement. These post-termination requirements are legally binding, so if you don’t comply, you could get in serious legal trouble.

A severance agreement entails that when employment is ended, you may receive a lump-sum payment. This is intended to protect employers from being sued for wrongful termination if they choose to fire an employee. However, wrongful termination claims can still be filed if the employee believes the employer violated laws or the terms of the contract. Contact a lawyer about your specific case to learn more. If this type of clause is included in your contract, you would not be able to take legal action if you feel you were wrongly terminated. However, employers typically offer a cash payment to compensate you.

If this type of clause is included in your contract, you would not be able to take legal action if you feel you were wrongly terminated. However, employers typically offer a cash payment to compensate you.

A non-compete agreement entails that you would not be able to go to work for a different employer in the same industry as your previous one for a set amount of time. Enforceability of non-compete agreements vary depending on jurisdiction. Some states have restrictions on the scope and duration of non-compete agreements so talk with a lawyer about your particular agreement.

These clauses are meant to protect employers from losing good employees to competitors. It also helps ensure that previous employees don’t use their knowledge to help competitors.

Check out this article to learn more about employment contracts.

Common Fee Structures for Employment Lawyers

There are several different fee structures that employment lawyers use. Below are the two most common:

Hourly Rates

An employment lawyer may charge you an hourly rate to help with your project. This involves them setting an hourly rate, and billing hours as they complete work. Hourly rate engagements are generally good for projects where the time needed by the lawyer to complete the project is unknown. For example, if you hire a lawyer to review and negotiate on your behalf, the lawyer may require an hourly fee structure since the time it will take to negotiate is undefined.

One drawback to hourly rate fee structures is clients may end up with a legal bill that is larger than they expected.

Flat Fees

For many straightforward tasks, like drafting or reviewing an employment contract, a lawyer may opt to charge a flat fee rate. Given employment lawyers handle these types of projects daily, they have a good sense of the amount of time it will take to handle the project.

The benefit of a flat fee rate is the client knows exactly what they will pay before the project is started.

It’s important to talk to your employment contract lawyer about fee structure options to make sure you choose an option that works best for you.

How Much Do Employment Contracts Cost?

Hiring a lawyer to help with an employment contract can vary greatly in costs since no project is the same. Some things that impact cost are how complex the project is and the hourly rate of the lawyer, which is typically tied to their years of experience and their location.

Below is some real-life cost data [1] from ContractsCounsel’s marketplace:

  • Employment Contract Projects (all): $480.00
  • Employment Contract Review Projects: $440.00
  • Employment Contract Drafting Projects: $700.00

See Employment Contract Pricing by State

Should I Hire a Lawyer to Help with an Employment Contract?

It is always our recommendation to hire a professional legal counsel whenever dealing with employment-related issues. While it may seem easy to just sign a document or use a template found online for a new employee, employment transactions are typically large given the amount of compensation that may be spent on an employee or contractor over a given year. The employment practice is also highly litigious, meaning there are a lot of disputes that can occur. By hiring a lawyer, you are protecting yourself legally to avoid any headaches down the road.

If you do want to hire a lawyer, we would recommend posting a project in ContractsCounsel’s marketplace. We have a network of vetted employment lawyers to help with a variety of projects, and will provide you with competitive bids to review.

Reference

  1. ^ Cost data is based on 244 projects on the ContractsCounsel platform. Last updated 1/18/2024.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with an Employment Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews

Meet some of our Lawyers

Richard G. on ContractsCounsel
View Richard
5.0 (1)
Member Since:
June 20, 2022

Richard G.

Attorney
Free Consultation
Greensboro, NC
4 Yrs Experience
Licensed in NC
University of Elon School of Law

Hello! I am an Iowa native trying to bring some Midwest problem-solving to southern civil law. I thoroughly enjoy getting to know the individuals and businesses I assist. I practice estate planning and business formation and, with my litigation experience in mind, I help clients plan to ensure they and their interests are protected in the future.

Faryal A. on ContractsCounsel
View Faryal
4.8 (107)
Member Since:
February 23, 2023

Faryal A.

Attorney/Counsel
Free Consultation
Houston
2 Yrs Experience
Licensed in TX
University of Houston

Ms. Ayub is an attorney licensed to practice in Texas. Before moving to the US, she has a number of years of experience in contract review, analysis and drafting. Ms. Ayub is available to help you with your legal problems, as well as filling LLC and other business entity formation documents. To know more about her practice, please visit https://ayublawfirmpllc.com/.

Tina R. on ContractsCounsel
View Tina
4.9 (17)
Member Since:
February 17, 2022

Tina R.

contracts lawyer and websites
Free Consultation
Arlington, VA
17 Yrs Experience
Licensed in DC, IL, VA
Loyola University Chicago

15 years for legal experience; expertise in contracts, healthcare, ERISA, physicians, financial services, commercial contracts, employment agreements, etc. I am adept at all contracts and can provide you with efficient and quality services. I have worked at a law firm, financial services company, consulting ,and non-profit.

William W. on ContractsCounsel
View William
5.0 (1)
Member Since:
September 29, 2023

William W.

General Counsel
Free Consultation
Miami, Florida
15 Yrs Experience
Licensed in FL
St. Thomas University

An entrepreneurial, results-oriented advocate, legal and compliance professional with a successful track record of providing strategic legal advice and operational support to high growth national companies. Well established expertise in commercial transactions, acquisitions, and compliance oversight and policy development, including specialized expertise in sales, marketing and advertising compliance.

Elizabeth A. on ContractsCounsel
View Elizabeth
4.7 (1)
Member Since:
October 2, 2023

Elizabeth A.

Attorney
Free Consultation
Phoenix, Arizona
13 Yrs Experience
Licensed in AZ
Pepperdine University School of Law

I represent business and consumer clients to help them address the range of legal issues that concern them including business contractual disputes, debt litigation, and related matters.

Andreas M. on ContractsCounsel
View Andreas
Member Since:
September 29, 2023

Andreas M.

Managing Partner
Free Consultation
Atlanta, Georgia
2 Yrs Experience
Licensed in GA
Atlanta John Marshall

Throughout his career, Mr. Mettler gained significant experience negotiating and documenting large-scale international transactions, managing legal and regulatory compliance, and collaborating with legal teams to ensure business activities aligned with contract terms, commercial objectives, relevant laws, and government regulations. This experience exposed him to the intersection of business and law, and he became increasingly interested in the law and its workings. As a result, after spending over 20 years in the technology industry as a successful executive, Mr. Mettler decided to transition into the legal industry to expand his skill set and pursue his passion for law. Mr. Mettler believes that his strong business acumen, attention to detail, and ability to simplify complex projects and issues into manageable components and easy-to-read terminology, is a valuable assets in the legal industry. * 20+ years sales and account executive for technology companies, focusing on international enterprise transactions, with deep experience in sales, international expansion, negotiating SaaS agreements, and account management. * Extensive experience working closely with legal teams to negotiate and draft complex large-scale international enterprise contracts, including SaaS agreements, with a keen focus on commercial, legal, and regulatory compliance across multiple jurisdictions. * Proficient in identifying legal risks and opportunities in business transactions and developing strategies to mitigate risks (and work contract language around such risk) while maximizing value for the company and its customers.

William H. on ContractsCounsel
View William
Member Since:
September 29, 2023

William H.

Nevada
Free Consultation
Las Vegas
13 Yrs Experience
Licensed in MD
Sandra Day O'Connor College of Law at Arizona State

Diligent attorney and skilled government contracts professional with extensive experience in supply chain management, procurement, business process and procedure, regulatory compliance, intellectual property protection, and complex contract arrangements. With over 20 years of contracts and operations experience, I have handled domestic and international transactions for the sale and purchase of goods and services including construction, engineering, and R&D – in the Defense, IT, Mining, and Aerospace industries. I am accustomed to building and leading global and diverse teams; designing and implementing new processes and systems; and working in close collaboration with broad stakeholder populations, including executive management and other attorneys.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with an Employment Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Employment Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with an Employment Contract?

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 11,053 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city