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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Free Consultation
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10 Yrs Experience
Licensed in ME
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I have been practicing law for more than 7 years in Maine and have owned my law practice, Dirigo Law LLC, since 2020. My practice focuses mostly on Real Estate / Corporate transactions, Wills, Trusts, and Probate matters.

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Nicholas M.

President/Attorney
Free Consultation
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16 Yrs Experience
Licensed in ME CT, MA, NC, RI
The Catholic University of America, Columbus School of Law

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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Allan K.

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After graduating Columbia University and The University of Pennsylvania Law School, Allan Kassenoff spent 25 years as a litigator representing Fortune 100 companies, first at Kaye Scholer, LLP and then as a partner at Greenberg Traurig, LLP. Amongst the many awards he has received over the years, Allan has been named one of the “Leading Litigators in America” by Lawdragon 500 and a “Local/National Litigation Star” by Benchmark Litigation.

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Employee Rights

Employment Contract

New York

Asked on Nov 26, 2024

Can an employer change the terms of employee benefits without providing notice or obtaining consent?

I work for a small company that has recently made some changes to our employee benefits package without any prior notice or consultation with the employees. The changes include reducing the amount of paid time off, increasing the employee contribution for health insurance, and eliminating certain retirement benefits. I am concerned about the legality of these changes and whether the employer has the right to alter the terms of our benefits without providing any notice or obtaining our consent.

Damien B.

Answered Dec 2, 2024

If you have an employment contract, the employer must adhere to the terms of that agreement. Similarly, if the company has an employee handbook, changes to benefits must align with the policies outlined therein. Courts may consider an employee handbook as a binding contract if it creates an expectation of certain benefits. If your benefits are guaranteed in a written contract or employee handbook and the employer did not follow proper procedures to make changes, you may have a claim for breach of contract. Employers are generally encouraged to provide clear communication and advance notice of benefit changes to maintain trust and compliance with legal and policy obligations. If you have any further questions, feel free to reach out.

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Donya G.

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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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Answered Mar 21, 2023

Florida doesn't require employers to provide a pay stub with a paycheck, nor do they have to offer them in electronic format. Pay stub legislation in Florida instead defaults to federal laws under the Fair Labor Standards Act (FLSA).

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Asked on Apr 19, 2023

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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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