Quick Facts — Employment Contract Lawyers (Maryland)

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:

  1. Non-compete agreements cannot be used for employees earning less than $15 an hour or $31,200 a year
  2. The non-compete clauses creates an undue hardship for the employee
  3. Non-compete agreements cannot be used for employees who don’t have unique skills
  4. 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:

  1. Undue influence to sign the contract
  2. Forcing an employee to sign the contract under duress
  3. 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

How do I hire a lawyer to draft an employment contract in Maryland?
How much does it cost to hire a lawyer to review an employment contract in Maryland?

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Michael W. on ContractsCounsel
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Michael W.

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Free Consultation
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15 Yrs Experience
Licensed in MD
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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

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Julian H.

Business Attorney
Free Consultation
San Antonio, Texas
24 Yrs Experience
Licensed in MD
Howard University School of Law

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.

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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.

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Cecilia O. on ContractsCounsel
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Cecilia O.

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Free Consultation
San Antonio
19 Yrs Experience
Licensed in MD CT
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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.

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Max M. on ContractsCounsel
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Max M.

Business Attorney
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Baltimore, Maryland
19 Yrs Experience
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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.

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Sean D. on ContractsCounsel
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Lawyer Reviews for Maryland Employment Contract Projects

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"Don't hesitate with Eric. He immediately made me feel at ease about ability to represent me and to tough contractual matter. His work is outstanding and his responsiveness put me at ease. As a physician and a client, I can certainly say that Eric is the one who gets the job done. Recommend highly"

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"Hired Daniel for an IP/employment review on an onboarding situation with prior-employer overlap. What started as a focused scope grew into a multi-document protective package — RTA, employment amendment, equity side letter, scope-confirmation disclaimer, and full memo. Quick turnaround on revisions, item-by-item responses to my review notes that made the back-and-forth efficient, and practical sequencing guidance on what to execute and in what order. NY-licensed since 1996 and it shows in the governing-law analysis and structural drafting choices. Would hire again."

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"Dolan was very prompt, clear, and did exceptional work!"

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Arbitration

Employment Contract

California

Asked on Apr 27, 2023

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.

Answered May 27, 2023

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.

Read 1 attorney answer>

Employment

Employment Contract

Florida

Asked on Feb 23, 2023

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.

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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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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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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Employment

Employment Contract

New York

Asked on Apr 15, 2023

What should be included in my employment contract?

I am a small business owner looking to hire an employee for the first time. I have never written an employment contract before, so I am unsure of what should be included in the contract to ensure that it is legally binding and protects both the employee and me. I am looking for advice on what should be included in the contract to ensure that my interests and those of my employee are adequately protected.

Donya G.

Answered Apr 18, 2023

Hello, Congratulations on your business. Here are some things that need to be in the agreement - amount you will pay them, when you will pay, the term of the employment, confidentiality, non solicit. Since you have never done this before, I would like to suggest that you hire an attorney to get it done to ensure it is done correctly. I am a NY attorney with over 20 years of experience. I assist small businesses like yours with their employment, vendor, investment and all their contract needs. I would love to assist you. You can contact me on the Contracts Counsel website or on my personal page - Donya Gordon Looking forward to talking to and working with you Sincerely Donya Gordon

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