Recent Employment Expert Legal Chats
Do contract employees get benefits?
Employment
Independent Contractor Agreement
California
Customer:
Do contract employees get benefits? Are there any things that are mandatory or up to each employer to make that decision?
Dolan W.
Hello ****, and thank you for reaching out! My name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer. Is this question coming from the perspective of an employer (hiring contractors) or a contractor (learn what you are entitled to)?
View Full Conversation >Advice when to not sign a severance agreement.
Employment
Severance Agreement
Customer:
Advice when to not sign a severance agreement. I received a severance agreement from an employer and I am hesitant to sign it without talking to someone.
Dolan W.
Hello ***!
My name is Dolan and thank you so much for contacting me!
I just had a few quick questions for you:
I need help understanding if I was wrongfully terminated?
Employment
Employment Contract
Customer:
I need help understanding if I was wrongfully terminated? i was just let go from my job as a sales manager at a retail company. the termination seemed very sudden. my manager told me it was because of “performance issues,” but I was never warned or written up before this. a few months ago, i had to take medical leave for a surgery. I gave them all the proper paperwork from my doctor, but my manager seemed really annoyed when I asked for the time off. now i’m wondering if my termination has more to do with that than my performance.
Dolan W.
Hello ****, and thank you for reaching out with your question. My name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer. From what you’ve described, there are definitely potential concerns here. Wrongful termination cases often come down to timing, documentation, and legal protections. Let’s break this down: 1. Medical Leave Protections: If your employer has 50 or more employees, you may have been covered under the Family and Medical Leave Act (FMLA), which provides up to 12 weeks of job-protected leave for medical reasons. 2. Performance Issues: If they’re claiming performance as the reason for termination, they would typically need to document problems (performance reviews, warnings). Sudden claims of performance issues without prior notice can be a red flag. Could you share more details about your medical leave and whether your company meets the size requiremen...
View Full Conversation >can you explain my vesting schedule in my option grant?
Employment
Employee Stock Option Agreement
Customer:
can you explain my vesting schedule in my option grant? Hey I work for a tech startup and part of my compensation includes stock options. I got an option grant when I joined, and it mentions a “4-year vesting schedule with a 1-year cliff.” Can you explain what this means? I’m not sure when I actually own the options or how they work if I leave the company early.
Dolan W.
Hello, and thank you for your question! My name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer.
Stock option vesting schedules can be a bit confusing, but I’ll break it down for you. With a “4-year vesting schedule and 1-year cliff,” here’s how it typically works:
can my employer terminate my contract of employment early?
Employment
Employment Contract
Florida
Customer:
Can my employer terminate my contract of employment early? My employer is talking about ending my contract early, but it doesn’t seem fair. I signed a 12-month contract, and I’m only 5 months in. Can they do that legally?
Dolan W.
Hello, and thank you for your question! My name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer.
Whether your employer can terminate your contract early depends on several factors:
1. Termination Clause: Employment contracts often include specific terms about how and why the contract can be terminated early. Common reasons might include performance issues, misconduct, or business restructuring.
2. Breach of Contract: If your employer terminates the contract without a valid reason outlined in the agreement, it could be considered a breach of contract, which may entitle you to compensation.
3. At-Will Employment: In some states, employment is considered “at-will,” which allows employers to terminate workers at any time, unless the contract explicitly limits this.Can you share what your contract says about early termination? Are there any clauses about not...
What happens if I break my employment contract?
Employment
Employment Contract
Customer:
What happens if I break my employment contract? I am considering leaving my job before my contract is over but am not sure if there are any sort of consequences here. The employment contract appears to have sections about penalties but I do not understand the language. What is normal when an employee breaks an employment contract early? Could I send the clauses in question to get an opinion?
Dolan W.
Hello, and thank you for reaching out! My name is Dolan, and I’d be happy to help with this. I carefully review each question and provide responses based on my years of hands-on experience as a lawyer.
Breaking an employment contract can have different consequences depending on the terms of the agreement and the laws in your state. Common outcomes include:
1. Financial Penalties: Some contracts include clauses requiring you to pay a penalty or reimburse the employer for training costs or relocation expenses if you leave early.
2. Non-Compete and Non-Solicitation: If your contract has these clauses, breaking the contract could trigger restrictions on where you can work or who you can contact in your industry.
3. Lawsuits: While rare, some employers may sue for breach of contract, especially if your departure causes significant harm to the business.
4. Reputational Impact: Employers could withhold a positive reference or share details about the br...
Question from consultant about IP clause in a contract I am going to sign.
Employment
Consulting Agreement
Customer:
Question from consultant about IP clause in a contract I am going to sign. I will be consulting from a design and marketing perspective from a client and they have sent me a consulting agreement that has some pretty serious looking IP language in it. I just want to understand it better before signing since I'm a creative and will be creating content for them.
Dolan W.
Hello ****! Thanks so much for coming to contractscounsel.com. I just had a few questions: 1. Does the contract limit or restrict your ability to showcase the work in your own portfolio or use it for self-promotion? If it does, is this something that could impact your business? 2. Does the contract specify who will retain ownership of any content or designs you create? Are they claiming ownership of all deliverables, or do you retain rights to certain types of content?
View Full Conversation >What terms can I negotiate in my employment contract?
Employment
Employment Contract
California
Customer:
What terms can I negotiate in my employment contract? My name is ****** and I have received an offer and am not sure what types of terms I am able to negotiate outside of the salary. I am fairly happy with the salary (I may ask for a slight increase), but I don't know what the other terms mean and wanted to see if someone could help me think about what employment terms are typically negotiated and what is considered "fair" If helpful, I am located in California. The industry I am in is technology (I am a front-end developer). The company is a SaaS startup that's growing quickly. Stock options are also part of the comp package.
Dolan W.
Hello ******! Thank you for coming to contractscounsel.com! My name is Dolan and I am happy to help! In an employment contract, several terms beyond salary are often negotiable. Since you’re reasonably satisfied with the salary, consider negotiating stock options, bonuses, benefits, flexible work arrangements, and terms around professional development. Stock options are a SIGNIFICANT component of tech startup compensation packages, so it’s worth understanding the vesting schedule, acceleration clauses (e.g., how options vest if the company is acquired), and any buyback provisions if you leave. You may ask for a larger grant of options or a more favorable vesting schedule if you plan to be with the company long-term.
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