Quick Facts — Employment Contract Lawyers

What is a Minnesota Employment Contract?

A Minnesota employment contract is a legally binding agreement executed by an employer and a new employee that outlines the terms and conditions of employment. Employment agreements are most commonly used when hiring permanent employees, but they are also useful when hiring short-term employees, contractors, subcontractors, and freelance workers.

Minnesota is an “at will” employment state. Under the laws of “at will” employment, an employer can legally fire an employee without cause or notice. A valid employment contract will override the “at will” employment laws and provide protections for both the employee and employer.

Are Employment Contracts Enforceable in Minnesota?

Yes. Employment contracts are enforceable in Minnesota. The laws regulating employment contracts can be found in Chapter 338 of the Minnesota Statutes. These statutes recognize that employment contracts are not only enforceable, but also important to employer-employee relationship.

Common issues addressed in an enforceable employment contract include:

  • Job title and duties
  • Salary
  • Benefits
  • Company policy
  • Reasons for termination
  • Non-disclosure agreements
  • Non-compete agreements

Non-disclosure agreements (NDA) and non-compete agreements are restrictive covenants that protect the employer’s business interests.

What Are the Legal Requirements for Minnesota Employment Contracts?

In Minnesota, employment contracts can be written or oral, however it is always beneficial to have a written contract that is signed both parties.

Recently, Minnesota Courts have recognized that certain statements in an employee handbook can also create an employment contract if the statements meet the following standards:

  1. Terms are clear and definite
  2. The terms are communicated to the employee
  3. The employee accepts the terms and provides the employer with value by working

Types of Minnesota Employment Contracts

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

  • Permanent employee contract. A basic employment contract for a permanent employee that addresses duties, compensation, and reasons for termination.
  • Non-disclosure agreement. A restrictive covenant that prevents employees from disclosing confidential company information after employment.
  • Non-compete agreement. Prevents employees from competing with the employer in the same industry by starting a new business or working for a competitor.

Frequently Asked Questions

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

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Emmanuel A. on ContractsCounsel
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Emmanuel A.

Law Clerk
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Raleigh, North Carolina
3 Yrs Experience
Licensed in MN
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Results-driven young lawyer with over 2 years of combined legal experience. Adept at legal research, contract drafting, reviewing policies, client relations, and case management. Possess a J.D. from Elon Law School and am a member of the Minnesota State Bar in good standing.

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Harry N.

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Experienced business advisor and in-house counsel with extensive litigation experience, representing parties in a variety of complex commercial disputes, including securities, financial fraud, contract, and antitrust litigation.

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"Harry has been sharp, responsive, and straight with me. He reviewed my waivers and then flagged several issues in my other agreements that were bigger than what I hired him for, instead of just doing the narrow job and moving on. He explained the risks clearly, told me what to hold on and why, and structured a fixed-fee scope that worked with my cash flow rather than pushing me into a monthly plan I wasn't ready for. He also brought in outside specialist counsel where it made sense instead of stretching past his own expertise. Easy to recommend."

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Eric H.

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I help startups, growth-stage companies, and middle market businesses navigate their most important legal moments, from early fundraising rounds to complex M&A transactions. I work with founders, investors, executives and their ecosystem partners who want exceptional client service without the overhead of a large firm. Whether you are raising capital, planning an acquisition, negotiating complex commercial agreements, or need an experienced general counsel in your corner on a fractional basis, I bring big law and Fortune 500 expertise, at a fraction of their rates. I'm based in Minneapolis and work with clients across Minnesota and nationally.

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Employment

Employment Contract

North Carolina

Asked on Apr 18, 2023

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.

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.

Read 1 attorney answer>

Employment

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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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Employment

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Asked on Oct 4, 2022

Are employment contracts confidential?

I'm considering taking a second job but would not want my first employer to know. Is there any way for them to find out? I am not sure what all of the language in the contract says and may need to get it reviewed, but I wanted to see if these contracts are kept confidential so that my employer never finds out.

Donya G.

Answered Nov 1, 2022

Typically, yes. There s generally a confidential section in your employment agreement. Is there something specific you are worried about? You can have an attorney give a consultation, review the agreement and advise you. I can do that for you. You can connect with me through the website. Thanks Donya Gordon

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Asked on Apr 12, 2023

What's vacation time in an employment contract?

I recently accepted a new job and I was provided an employment contract to review. In the contract, there is a section about vacation time, but it is not very clear. I'm trying to understand what vacation time is included in the contract and what the expectations are for taking time off. I want to make sure I have a clear understanding of my rights and responsibilities regarding vacation time before I sign the contract.

Diane D.

Answered May 10, 2023

You can create your own will. However, having an attorney draft it for you will ensure that your wishes are carried out in all circumstances. Doing it yourself without having any experience may cause many problems after your demise.

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Contracts

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Ohio

Asked on Apr 13, 2023

What's personal leave in an employment contract?

I have recently been offered a job, and the employment contract I have been provided with states that I am entitled to personal leave. I am not sure what this is, or what it entitles me to. I would like to know what rights and responsibilities I have regarding personal leave, and what the employer's expectations are of me with regards to this leave.

Jeffrey K.

Answered Apr 14, 2023

Personal leave sometimes replaces vacation and sick time. Some employers just give employees time off for whatever reason the employee chooses. To know more about the rights and responsibilities, you should speak to HR at your new employer who will help you with the employer's expectations and your rights under the leave provision in your contract. Also, look at your contract as it may provide insight as to how to implement the leave. When in doubt, speak to HR. Thanks.

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