ContractsCounsel Logo

Legal Review of Employment Contract

Clients Rate Lawyers on our Platform 4.9/5 Stars
based on 7,612 reviews
Home Blog Legal Review of Employment Contract

Jump to Section

Need help with an Employment Agreement?

Post Project Now

A legal review of an employment contract refers to the process of examining and analyzing the terms and conditions outlined to ensure compliance with the laws. It involves thoroughly examining the contract's language, provisions, and clauses to identify potential issues, ambiguities, or unfair terms. Let us delve deeper and learn more about the legal review of an employment contract below.

Essential Elements of the Legal Review of Employment Contract

Several key elements are analyzed to ensure compliance with employment laws and protect the rights of both the employer and the employee during a legal review of an employment contract. Here are some of the elements that are typically examined:

  • Job Description and Duties: The legal review assesses the clarity and specificity of the job description and duties outlined in the contract. This includes determining whether the description accurately reflects the actual responsibilities and expectations of the employee.
  • Compensation and Benefits: The review scrutinizes the provisions related to compensation, such as salary, bonuses, commissions, and any other forms of remuneration. It also examines benefit packages, including health insurance, retirement plans, vacation time, sick leave, and other employee benefits.
  • Termination and Severance: The legal review evaluates the provisions governing termination of employment, notice periods, severance pay, and any post-employment restrictions such as non-compete or non-solicitation clauses. This ensures compliance with applicable laws and assesses the fairness of these provisions.
  • Non-Disclosure and Intellectual Property: The review examines clauses related to confidentiality, non-disclosure agreements, and ownership of intellectual property created during the employment period. It ensures that the rights and obligations of both parties regarding proprietary information and intellectual property are adequately addressed.
  • Dispute Resolution and Governing Law: The legal review examines provisions related to dispute resolution mechanisms, such as arbitration or mediation, and identifies the applicable governing law. This helps understand how potential disputes will be handled and which jurisdiction's laws apply.
  • Non-Compete and Non-Solicitation Clauses: The review scrutinizes any non-compete or non-solicitation clauses to assess their reasonableness, scope, duration, and geographic restrictions. It ensures these clauses protect legitimate business interests without unduly restricting the employee's future employment opportunities.
  • Compliance with Employment Laws: The legal review verifies compliance with relevant employment laws and regulations, including minimum wage laws, overtime provisions, anti-discrimination laws, and family and medical leave requirements.
  • Ambiguities and Unfair Terms: The review identifies any ambiguous or unclear language within the contract and assesses the fairness of the terms. It looks for any provisions that may disadvantage one party or create an imbalance of rights and responsibilities.
  • Amendments and Modifications: The review examines any clauses related to amendments or modifications of the contract and ensures that they are reasonable and require mutual agreement between the parties.

Types of Legal Review Employment Contracts

Various types of legal employment contract reviews can be conducted depending on the specific needs and objectives of the parties involved. Here are some common types of reviews you must know:

  • General Legal Review: This review involves a comprehensive examination of the entire employment contract to ensure legal compliance, identify potential risks, and address any ambiguities or unfair terms. It covers all aspects, including job duties, compensation, benefits, termination provisions, non-compete clauses, and more.
  • Compliance Review: This review focuses on ensuring compliance with local, state, and federal employment laws and regulations. It verifies that the contract meets the minimum legal requirements for minimum wage, overtime, anti-discrimination, family and medical leave, and other relevant statutes.
  • Non-Compete Agreement Review: Non-compete agreements restrict employees from working for competing companies or engaging in certain activities after leaving. This type of review assesses the reasonableness, scope, duration, and geographic restrictions of the non-compete clause to ensure it aligns with applicable laws and protects the employer's legitimate interests.
  • Intellectual Property (IP) Review: If the employment involves creating intellectual property, such as inventions, designs, or creative works, an IP review is conducted to clarify ownership rights and determine how the contract addresses intellectual property rights. This review ensures that the contract protects the employer's interests in the IP created by the employee during the course of employment.
  • Dispute Resolution Review: Employment contracts often contain provisions outlining how disputes will be resolved, such as arbitration, mediation, or litigation. A dispute resolution review examines these provisions to assess their fairness, effectiveness, and compliance with applicable laws and to determine if alternative dispute resolution methods are appropriate for the specific employment relationship.
  • Specific Clause Review: In some cases, a more focused review may be required to assess specific clauses or provisions within the employment contract. For example, a review may concentrate on the compensation structure, non-disclosure agreements, severance provisions, or other areas of particular concern to one or both parties.
Meet some lawyers on our platform

Nicholas M.

9 projects on CC
View Profile

Daehoon P.

159 projects on CC
View Profile

Spencer R.

3 projects on CC
View Profile

Antonella C.

1 project on CC
View Profile

Fee Structure for Legal Review of Employment Contract

Lawyers typically charge for a legal review of an employment contract based on one of the following fee structures:

  • Hourly Rate: Lawyers may charge an hourly rate for their time spent reviewing the employment contract. The rate can vary depending on factors such as the lawyer's experience, expertise, and location. The total cost will depend on the contract’s complexity and length and the lawyer's review efficiency.
  • Flat Fee: Some lawyers offer a flat fee for the entire legal review process. It means that you will pay a predetermined amount for the lawyer's services, regardless of the time it takes to complete the review. Flat fees are often used for standard or straightforward employment contracts, where the lawyer can reasonably estimate the time and effort required.
  • Retainer Fee: Lawyers may request a retainer fee upfront to secure their services for legal review. The retainer fee is an advance payment the lawyer holds in a client trust account and deducts their fees as they work on the review. Additional fees may be required once the retainer is depleted based on an hourly rate or other agreed-upon arrangement.

Key Terms for Legal Review of Employment Contracts

  • Severability: Assessing whether the contract includes a severability clause that allows individual provisions to remain enforceable even if other provisions are deemed invalid or unenforceable.
  • Fiduciary Duties: Reviewing the obligations and responsibilities that create a fiduciary relationship between the employer and employee, ensuring they are clearly defined and understood.
  • Indemnification Clause: This provision specifies the obligations of the employer to protect the employee from any liabilities or legal claims that may arise from their job responsibilities.
  • Change in Control: Examining provisions addressing the impact of a change in ownership or control of the company on the employee's rights, benefits, and job security.
  • Force Majeure: This clause in the employment contract relieves the parties from fulfilling their contractual obligations in case of unforeseen circumstances outside their control, such as natural disasters or war.

Final Thoughts on Legal Review of Employment Contracts

A legal review of an employment contract is an important step that helps ensure the rights and protections of both employers and employees. It examines various key elements, such as compliance with employment laws, clarity of terms, fairness, and identifying potential risks. By conducting a thorough review, parties can address any ambiguities, negotiate favorable terms, and establish a solid foundation for the employment relationship. A well-executed legal review mitigates risks, enhances transparency, and fosters a mutually beneficial and compliant employment agreement, promoting a harmonious and productive working environment.

If you want free pricing proposals from vetted lawyers that are 60% less than typical law firms, click here to get started. By comparing multiple proposals for free, you can save the time and stress of finding a quality lawyer for your business needs.

How ContractsCounsel Works
Hiring a lawyer on ContractsCounsel is easy, transparent and affordable.
1. Post a Free Project
Complete our 4-step process to provide info on what you need done.
2. Get Bids to Review
Receive flat-fee bids from lawyers in our marketplace to compare.
3. Start Your Project
Securely pay to start working with the lawyer you select.

Meet some of our Lawyers

Daehoon P. on ContractsCounsel
View Daehoon
4.7 (95)
Member Since:
November 26, 2021

Daehoon P.

Corporate Lawyer
Free Consultation
New York, NY
8 Yrs Experience
Licensed in NY
American University Washington College of Law

Advised startups and established corporations on a wide range of commercial and corporate matters, including VC funding, technology law, and M&A. Commercial and Corporate Matters • Advised companies on commercial and corporate matters and drafted corporate documents and commercial agreements—including but not limited to —Convertible Note, SAFE, Promissory Note, Terms and Conditions, SaaS Agreement, Employment Agreement, Contractor Agreement, Joint Venture Agreement, Stock Purchase Agreement, Asset Purchase Agreement, Shareholders Agreement, Partnership Agreement, Franchise Agreement, License Agreement, and Financing Agreement. • Drafted and revised internal regulations of joint venture companies (board of directors, employment, office organization, discretional duty, internal control, accounting, fund management, etc.) • Advised JVs on corporate structuring and other legal matters • Advised startups on VC funding Employment Matters • Drafted a wide range of employment agreements, including dental associate agreements, physician employment agreements, startup employment agreements, and executive employment agreements. • Advised clients on complex employment law matters and drafted employment agreements, dispute settlement agreements, and severance agreements. General Counsel • As outside general counsel, I advised startups on ICOs, securities law, business licenses, regulatory compliance, and other commercial and corporate matters. • Drafted or analyzed coin or token sale agreements for global ICOs. • Assisted clients with corporate formations, including filing incorporation documents and foreign corporation registrations, drafting operating and partnership agreements, and creating articles of incorporation and bylaws. Dispute Resolution • Conducted legal research, and document review, and drafted pleadings, motions, and other trial documents. • Advised the client on strategic approaches to discovery proceedings and settlement negotiation. • Advised clients on employment dispute settlements.

Jane C. on ContractsCounsel
View Jane
4.9 (72)
Member Since:
October 9, 2020

Jane C.

Free Consultation
New York
18 Yrs Experience
Licensed in CT, DC, NY
Pace University School of Law

Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.

Tim E. on ContractsCounsel
View Tim
4.9 (41)
Member Since:
August 12, 2020

Tim E.

Founding Member/Attorney
Free Consultation
Cleveland, OH
9 Yrs Experience
Licensed in OH
Cleveland-Marshall College of Law

Tim advises small businesses, entrepreneurs, and start-ups on a wide range of legal matters. He has experience with company formation and restructuring, capital and equity planning, tax planning and tax controversy, contract drafting, and employment law issues. His clients range from side gig sole proprietors to companies recognized by Inc. magazine.

Kimbrelly K. on ContractsCounsel
View Kimbrelly
5.0 (1)
Member Since:
November 1, 2022

Kimbrelly K.

Free Consultation
Lake Lure, NC
25 Yrs Experience
Licensed in NC
University of North Carolina at Chapel Hill

Attorney Kegler has been licensed to practice law in ​the State of North Carolina since 1998. Over the years,​ she has worked in firms that focused on small​ business financing, initial startup formation, to​ starting several businesses of her own with bootstrap​ financing to venture capital funding. As a Certified​ Dream Manager, she couples the skills of listening to​ understand the big picture to get to solutions that not​ only fit today's needs but also the long term needs of​ her entrepreneurial clients.​

Karl D. S. on ContractsCounsel
View Karl D.
4.7 (2)
Member Since:
October 28, 2022

Karl D. S.

Free Consultation
Middlebury, Connecticut
11 Yrs Experience
Licensed in CT, MA
Pepperdine University School of Law

Karl D. Shehu, has a multidisciplinary practice encompassing small business law, estate and legacy planning, real estate law, and litigation. Attorney Shehu has assisted families, physicians, professionals, and people of faith provide for their loved ones by crafting individualized estate and legacy plans. Protecting families and safeguarding families is his passion. Attorney Shehu routinely represents lenders, buyers, sellers, and businesses in real estate transactions, researching and resolving title defects, escrowing funds, and drafting lending documents. To date, Attorney Shehu has closed a real estate deal in every town in Connecticut. As a litigator, Attorney Shehu has proven willing to engage in contentious court battles to obtain results for his clients. While practicing at DLA Piper, LLP, in Boston, Attorney Shehu represented the world’s largest pharmaceutical companies in multidistrict litigations filed throughout the United States. He has been a passionate advocate for immigrants and the seriously injured, frequently advising against lowball settlement offers. He is willing to try every case to verdict, and he meticulously prepares every case for trial. Attorney Shehu began his legal career as a consumer lawyer, utilizing fee-shifting statutes to force unscrupulous businesses to pay the legal fees of aggrieved consumers. For example, in Access Therapies v. Mendoza, 1:13-cv-01317 (S.D. Ind. 2014), Attorney Shehu utilized unique interpretations of the Trafficking Victims Protection Act, Truth-in-Lending Act, and Racketeer Influenced and Corrupt Organizations Act (RICO) to obtain a favorable result for his immigrant client. Attorney Shehu is a Waterbury, Connecticut native. He attended Our Lady of Mount Carmel grammar school, The Loomis Chaffee School, and Chase Collegiate School before earning degrees from Boston College, the University of Oxford’s Said Business School in England, and Pepperdine University School of Law. At Oxford, Karl was voted president of his class. Outside of his law practice, Attorney Shehu has worked to improve the world around him by participating in numerous charitable endeavors. He is a former candidate for the Connecticut Senate and a parishioner of St. Patrick Parish and Oratory in Waterbury. In addition, Attorney Shehu has written extensively on the Twenty-fifth Amendment and law firm retention by multinational firms.

Cherryl M. on ContractsCounsel
View Cherryl
Member Since:
November 4, 2022

Cherryl M.

Contract Attorney
Free Consultation
London, GB
5 Yrs Experience
Licensed in CA
University of California, Hastings College of the Law

I am a U.S. lawyer (licensed in California) and have recently relocated to London. I hold a bachelor’s degree in Political Science from the University of California, Berkeley and a Juris Doctor law degree from the University of California, Hastings College of the Law. I have extensive experience in providing legal services and support in areas of business, labor & employment, IP enforcement (patent infringement, copyright & trademark), and other litigation matters; Reviewing, drafting, and editing business and legal documents/contracts; Conducting legal research and analysis, drafting memorandums, pleadings, discovery, document review, various motions, mediation briefs, and other litigation related activities; Reviewing and preparation of templates, policies, and processes for compliance with laws and regulations; educating and advising on legal and compliance issues.

Myron M. on ContractsCounsel
View Myron
Member Since:
November 3, 2022

Myron M.

Free Consultation
Dallas, Texas
25 Yrs Experience
Licensed in TX
South Texas College of Law

For over 20 years Myron E. Mims Esq. has provided legal and consulting services to small and medium sized businesses. Mims served as regional counsel for a real estate investment and development firm where he managed the Company’s contract execution and management, and dispute resolution affairs. Mims was responsible for oversight and risk management of all legal affairs, including management of a robust litigation docket consisting of a seven figure, multi-party construction lawsuit, and multiple vendor and tenant disputes. Mims prepared new contract docs and implemented execution and management processes that lead to the reduction of litigation. As a managing partner of Nixon Mims, LLP Mims provided legal and consulting services to clients of that consisted of real estate, construction, telecommunications, media and food industry businesses. Mims routinely assisted clients with developing corporate governance and management protocols, strategic planning initiatives, and advised clients in the negotiation and execution of complex business transactions. Mims routinely provided operational oversight and technical analysis for management. During this period Mims obtained firsthand experience of the access to capital impediments and challenges that growth-stage businesses face.

Find the best lawyer for your project

Browse Lawyers Now
Learn About Contracts
See More Contracts
other helpful articles

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

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

How It Works

Post Your Project

Get Free Bids to Compare

Hire Your Lawyer


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