Quick Facts — Employment Contract Lawyers

What is a Maine Employment Contract?

A Maine employment contract is a legally binding agreement negotiated by an employer and an employee. This contract serves as the framework for the business relationship and outlines the terms and conditions of employment. Most employment agreements are used when hiring permanent employees, but they can also be used when hiring short term employees, contractors, subcontractors, and freelance workers.

Issues commonly covered by a Maine employment contract include:

  • Employee title and duties
  • Working hours
  • Salary
  • Benefits
  • Company policies
  • Causes for termination

Are Employment Contracts Enforceable in Maine?

Employment contracts that dictate terms of employment like salary and employee rights will be enforced. However, Maine has placed various limitations on the use of restrictive employment contracts like non-compete agreements.

Maine’s 2019 “Act to Promote Keeping Workers in Maine” created new restrictions for non-compete agreements including:

  1. Employers cannot require employees to sign a non-compete unless the employee earns more than 300% of the federal poverty level.
  2. Non-compete agreements cannot take effect until one year after the employees start date or six months from the date the agreement was signed (whichever comes first).
  3. Non-compete agreements must be disclosed in writing when a job offer is made.
  4. Penalties of up to $5000 for employers who violate the new non-compete laws.

What Are the Legal Requirements for a Maine Employment Contract?

Employment contracts in Maine can be written, verbal, or implied contracts. It is recommended that if you are going to have an employee contract that it is written and signed by both parties. This ensures that the terms are clear, and the contract is enforceable.

Types of Maine Employment Contracts

There are several types of enforceable employment contracts in Maine including:

  • Permanent employment agreement. Most used for permanent employees who will have set hours, compensation, and no end date for employment.
  • Fixed term employment agreement. Used when hiring employees who will only work for a specific period or to complete a specific job.
  • Independent Contractor agreement. Contractors and freelancers who are hired by an employer are not employees and require a specific contract that protects both party’s interests.

Frequently Asked Questions

How do I hire a lawyer to draft an employment contract in Maine?

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Craig M. on ContractsCounsel
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Craig M.

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Nicholas Matlach is a cybersecurity expert (CISSP) and an attorney who is dedicated to helping small businesses succeed. He is a client-focused professional who has a deep understanding of the challenges that small businesses face in the digital age. He also provides legal counsel to small businesses on a variety of issues, including formation, intellectual property, contracts, and employment law.

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Employment Contract

Florida

Asked on Apr 17, 2023

What's the safety policy in an employment contract?

I recently accepted a job offer from a new employer and as part of the employment contract, I need to understand the safety policy in the workplace. I understand that safety policies in the workplace are important for the protection of both employees and employers, but I am not sure of the specific details of the safety policy included in my employment contract. I would like to know what safety policies are included in the contract in order to ensure that I have a safe working environment.

Diane D.

Answered May 2, 2023

Without seeing the contract, there is no way of knowing.

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Employment

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Asked on Apr 19, 2023

What's probationary period in an employment contract?

I am a recent college graduate who recently accepted a job offer from a company. As part of the offer, I was asked to sign an employment contract. I understand that the contract includes a probationary period, but I'm not sure what that entails. I would like to know what the probationary period is and what it means for me as an employee.

Diane D.

Answered May 10, 2023

A period of time to evaluate you and to show that you're a good fit for the job and that you are fully qualified for it. At the end of the probationary period, they will either keep you on or terminate you.

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Employment

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Asked on Apr 18, 2023

What's position hierarchy in an employment contract?

I am a potential employee considering a job offer from a company. I have received a copy of the employment contract, but I am confused about the position hierarchy outlined in it. Specifically, I am unsure of the differences between the various job titles and the roles and responsibilities associated with each one. I would like to know more about the position hierarchy in the contract to better understand the job I am considering.

N'kia N.

Answered Jun 2, 2023

Position hierarchy may vary, as it is typically based on such factors as industry standards, company size, and internal policies. Before accepting an employment offer, a prospective employee should have a clear understanding of where the proposed position stands in the prospective employer's position hierarchy, as well as how the hierarchy affects the duties and responsibilities for that position. If the position hierarchy in a proposed employment contract or an employment offer letter is confusing, the prospective employee should seek clarification from the proposed employer.

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Employment

Employment Contract

North Carolina

Asked on Apr 18, 2023

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I recently accepted a job offer with a new company and I was given an employment contract to sign. I was looking through the contract and noticed that it mentions something about a termination notice. I'm not sure what this means or how it applies to my employment, so I wanted to ask a lawyer to get a better understanding of this clause.

Ryan D.

Answered May 30, 2023

A termination notice is a provision in an employment contract that specifies the amount of notice an employer must give an employee if they wish to terminate the contract, or vice versa if the employee wishes to leave. This is an important clause, as it offers some level of job security for the employee and some level of predictability for the employer. In most states, including North Carolina, employment is considered "at-will" unless there is a contract in place that states otherwise. This means that either the employer or the employee may terminate the employment relationship at any time, for any reason, or for no reason at all, as long as the reason isn't illegal (like discrimination). If your contract includes a termination notice clause, this "at-will" status is likely modified to some extent. The specific details would depend on the exact wording in your contract. It could require either party to provide a notice (often 2 weeks, 1 month, or sometimes longer) before terminating the contract. That notice period is intended to give the other party time to adjust plans accordingly. For the employee, it might mean finding a new job; for the employer, it might mean finding a replacement.

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Labor

Employment Contract

Georgia

Asked on Oct 4, 2021

I was recently let go after complaining about discrimination and targeted. I was termed with a severance package. I want to know if I can renegotiate the severance.

Can I get more on my severance since I was let go after complaining about discrimination to my employer?

Donya G.

Answered Oct 5, 2021

That sounds like it would depend on the reasons you were given for being let go. Did you document your grievances in an email or where they just done by word of mouth? You should consult with a GA attorney that specializes in employment law to assit. All the best Donya Gordon

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