Maryland Employment Contract: Definition, Key Considerations
Quick Facts — Employment Contract Lawyers (Maryland)
- Avg cost to review an Employment Contract: $410.00
- Lawyers available: 38 Maryland employment lawyers
- Clients helped: 30 recent employment contract projects in Maryland
- Avg lawyer rating: 5.0 (8 reviews)
What is a Maryland Employment Contract?
A Maryland employment contract is a type of contract entered into by employers and employees. This agreement will lay out the terms and conditions surrounding employment and cover important issues like:
- Job title
- Job duties
- Working hours
- Salary
- Benefits
- Time off and vacation time
- Company policies
- Reasons for termination
Employment contracts are most commonly used for highly paid permanent employees but are also useful when hiring employees at any level, contractors, and freelance workers.
The purpose of an employment contract is to protect both parties throughout the business relationship. Employees are protected from “at will” employment doctrine because the contract outlines the details of the job, scope of work, payment amount, and protects the employee from termination without just cause.
An employment contract allows both parties to fully understand each other’s intentions and expectations throughout the duration of employment.
Are Employment Contracts Enforceable in Maryland?
Yes. Employment contracts that abide by all contract laws are enforceable in Maryland. The contract must include all elements of a contract like offer, acceptance, and consideration. The contract must be entered into voluntarily by competent parties.
Restrictive employment contracts like non-compete agreements are also enforceable in Maryland as long as they meet certain requirements as described in the Maryland Non-Compete and Conflict of Interest Clauses Act.
Some of these restrictions include:
- Non-compete agreements cannot be used for employees earning less than $15 an hour or $31,200 a year
- The non-compete clauses creates an undue hardship for the employee
- Non-compete agreements cannot be used for employees who don’t have unique skills
- Must be necessary to protect a valid business interest
What Are the Legal Requirements for a Maryland Employment Contract?
Employment contracts in Maryland can be written or verbal contracts. It is recommended that if you are going to have an employee contract that it is written and signed by both parties. While oral contracts can be enforced, a written contract serves as tangible evidence and ensures that the terms are clear, and the contract is enforceable.
Employment contracts cannot violate any laws or go against public policy. Furthermore, employment contracts must be fair and conscionable. An unconscionable contract is one that if enforced, would be a miscarriage of justice. Elements that may make an employment contract unconscionable include:
- Undue influence to sign the contract
- Forcing an employee to sign the contract under duress
- Unequal bargaining power between the employer and employee
Types of Maryland Employment Contracts
There are several types of employment contracts used in Maryland including:
- Permanent employment. An indefinite contract where an employee is hired to work for a company until the employee no longer wishes to work or the employee is terminated in accordance with the contract provisions.
- Fixed term employment contract. A contract that has an agreed upon start date and end date. The end date can be the completion of the task or project laid out in the contract.
- Independent Contractor agreement. Used for contractors and freelancers who are hired by an employer but are not employees of the company.
- Confidentiality agreement. Sometimes called a non-disclosure agreement, this restrictive covenant prevents the employee from releasing valuable information about the business
- Non-compete agreement. Protects the employer by limiting the employee from working for competitors or creating a competing business within a certain number of years or within a certain geographic boundary. This clause must follow certain legal requirements to be enforceable.
- Severance agreement. Lays out the benefits and protections the employee will enjoy when employment with the company ends. This allows employees to secure future employment opportunities and is vital when there is a non-compete clause.
Frequently Asked Questions
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Maryland Existing Employee asked to sign NDA, IP assignment and non-disparagement agreement Review
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Meet some of our Maryland Employment Contract Lawyers
Michael W.
Graduate of Georgetown Law (J.D. and LL.M in Taxation) Injury Claims Adjuster before law school for top insurer Eight plus years of legal experience Past roles: Associate at premier boutique law firm in the DC metro area Policy Associate at a large academic and research institution Solo Practice Areas of Expertise: Contracts Business Formation Trusts and Estates Demand Letters Entertainment Transactions
"Michael was great to work with, professional and responsive. He hit the deadline and delivered the required document for me. Highly recommend both him and Contracts Counsel!"
Julian H.
I am a business attorney with years of experience advising individual entrepreneurs and small businesses on issues ranging from entity selection/formation to employment law compliance, to intellectual property protection and exploitation. I often act as General Counsel for my clients fulfilling the legal function as part of a team of managers. I look forward to learning more about your business and how I may be of assistance.
"Julian was stellar - speedy and informative. Will absolutely hire him for future projects."
Roman V.
I'm an experienced trademark attorney and enjoy helping clients protect and grow their brand names through trademark registration and enforcement. I've worked with a wide variety of clients in different industries, including e-commerce, software as a service (SaaS), and consumer goods, to register trademarks for product names, logos, and slogans, both in the US and abroad.
"Roman was very helpful and responsive in submitting my companies trademark."
Cecilia O.
With 15 years of extensive transactional/contracts experience reviewing and negotiating commercial contracts including a wide variety of purchase orders and contracts and non-disclosure agreements (NDA), I believe I can immediately contribute to the continued success of your team. I have been commended for a range of valuable skills—excellent contract management and contract administration, legal research, risk analysis, drafting and negotiations, and strategic thinking. I have worked as a legal consultant for 10+ years and I have reviewed over 7,500 contracts through this position. Contracts I have reviewed include but not limited to purchase orders, commercial and construction contracts, equipment rental agreements, non-disclosure, confidentiality, vendor agreements, service agreements, site access agreements, international agreements, request for proposals (RFP), bids and government contracts. These experiences have enabled me to master the ability to work independently and expeditiously to identify and assess issues and provide legally sound recommendations, consistent with good business practices. I have led teams (sales, insurance and management) to successfully negotiate contract terms with customers. Effective Communicator and Negotiator. I am a people person, and for the past 13 years, I have acquired excellent oral and written communication skills that enable me to interact and negotiate effectively with stakeholders at all levels. I am a self-starter with a strong work ethic. I have a high degree of resourcefulness, diligence, and dependability. Most important, I adapt to changing priorities quickly, thriving in an environment with high volume and short turnaround deadlines. My experience over the years allows me to transfer my skills to all types of contracts to meet the client’s needs. I am hopeful to provide similar legal expertise, effective contract administration and leadership to your organization. It would be a pleasure to meet within the next few weeks and discuss how my qualifications, experience, and capabilities will best fit the needs of your outfit.
"Cecilia was great to work with. She had knowledge on our project and I would not hesitate to work with her again."
Max M.
Business attorney with a focus on the health care sector, bringing Biglaw experience in multi-million dollar mergers and acquisitions, financings, and general corporate counsel work to the small firm space. I now help startups and growing companies access the same level of sophistication and strategic guidance typically reserved for large institutions.
"Overall, Max M. did a great job compiling the demand letter. He was very thorough in requesting documentation, responding to questions promptly, and producing the letter. He provided reasonable explanations for the tone that he used along with recommendations for when to send it and what to demand. Additionally, he was very responsive and updated the draft promptly after feedback was provided. There were some minor grammatical errors present, but as Max M. provided me with a word document, I was able to easily rectify those."
Sean D.
Accomplished and results-driven business attorney with extensive experience in commercial real estate / project finance, commercial transactions, and entity formations, that possesses a winning blend of subject matter expertise, skill in client relationship management, and practical experience. Leverages a unique mix of legal, strategic, and analytical expertise that consistently meets and surpasses client expectations. Specialties: Commercial Real Estate Law, Contract Negotiation, Entity Formation, Joint Ventures, Procurement, Lease/Buy/Sell Transactions, Business Consultations, Team Leadership, and Economic Development
November 17, 2021
Harrison K.
Harrison Kordestani is an executive with over twenty-five years experience in entertainment and media, energy, technologies, and start-ups. Mr. Kordestani has also developed a specialized legal and strategic consulting practice representing select entertainment, oil and gas, mortgage lending, and technology start-up clientele. He is also deeply passionate about new technologies and has also actively worked in building companies in the video-on-demand, wearable tech, information of things, demand prediction and app-marketing spaces. As an attorney, Mr. Kordestani's focus has been on transactional drafting and negotiation and providing ongoing legal counsel, corporate compliance, and contract interpretation to numerous private individuals as well as companies in varied fields.
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Browse Lawyers NowLawyer Reviews for Maryland Employment Contract Projects
Review Employment Contract
"Quick, concise.. even worked weekends to accomplish the task. Thank you"
Review Employment Contract
"Great working with Allen- highly recommend"
Reply From Allen L.
Thank you for the kind words — I'm glad the employment contract review gave you what you needed. Best of luck moving forward, and feel free to reach out again if anything else comes up. Allen
View MoreDental Associate Employment Contract Review
"Very timely responses."
Review Employment Contract
"Quick completion time and detailed responses and reasoning for edits."
Reply From Allen L.
Thank you for the kind words -- glad the turnaround and the reasoning behind the edits were helpful for your employment contract review. Let me know if anything else comes up. -Allen
View MoreReview Veterinary Contract
"Ryenne was wonderful to work with! She went through each section of my contract line by line with me and made sure I understood every aspect."
Employee Rights
Employment Contract
New York
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.
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.
Arbitration
Employment Contract
California
What's the arbitration agreement in an employment contract?
I am currently in the process of negotiating an employment contract with a new employer. I am concerned about the arbitration agreement in the contract, as I am not sure what it is or how it could affect me in the future. I want to make sure that I understand the implications of the arbitration agreement before signing the contract.
Gagandeep K.
An arbitration agreement is a legally binding contract between two parties or more so in this case between you and the employer. In the Arbitration Agreement both parties agree to use alternative dispute resolution (e.g., mediation, settlement conferences, neutral evaluation, arbitration) rather than pursuing civil court litigation in case a dispute arises. The Arbitration Agreement typically describes the scope of the disputes covered as well as the process, procedure and other requirements related to arbitration. You can read more about Arbitration Agreement here https://www.contractscounsel.com/t/us/arbitration-agreement.
Employment
Employment Contract
Florida
Do I have to provide my employees with a paycheck stub?
We find employee pay stubs laying around in the warehouse and left in company vehicles
Diane D.
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).
Litigation
Employment Contract
Texas
What's the termination clause in an employment contract?
I recently accepted a position at a company and they have given me an employment contract to review. I have been reading through the contract and noticed a section regarding termination. However, I am not sure what the termination clause in the contract states and I am hoping to get some clarification from a lawyer. I want to make sure that I understand my rights and obligations before signing the contract.
Curt L.
Most employment contracts contain (1) termination for cause, and/or (2) termination without cause (also known as at-will employment relationship).
Employment
Employment Contract
North Carolina
What's termination notice in an employment contract?
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.
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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Employment Contract Review and Suggestions for Improvement
Location: New Jersey
Turnaround: Less than a week
Service: Contract Review
Doc Type: Employment Contract
Page Count: 15
Number of Bids: 4
Bid Range: $375 - $850
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