Pennsylvania Employment Contract: Definition, Key Considerations
Quick Facts — Employment Contract Lawyers (Pennsylvania)
- Avg cost to draft an Employment Contract: $820.00
- Avg cost to review an Employment Contract: $430.00
- Lawyers available: 43 Pennsylvania employment lawyers
- Clients helped: 36 recent employment contract projects in Pennsylvania
- Avg lawyer rating: 4.83 (8 reviews)
What is a Pennsylvania Employment Contract?
A Pennsylvania employment contract is a legally binding agreement that is executed between an employer and a new employee. This agreement describes the employee’s job duties and company policies that must be adhered to, and in return lays out compensation and benefits that the employee will receive in exchange for their work.
Pennsylvania is an “at-will” employment state. Under at will employment, employers have the right to fire employees at any time without cause or reason as long as the termination of employment doesn’t violate any discrimination laws.
The only other exception to at will employment is the existence of a valid employment contract. To supersede at will employment, the employment contract must include one of the following provisions:
- An agreement for employment for a definite duration
- A clause stating that an employee can only be fired for just cause
- Additional consideration
- Public policy consideration
Once an employee becomes a contracted employee, the terms of their employment are no longer “at will” and are now governed by the terms in the contract.
Are Employment Contracts Enforceable in Pennsylvania?
Yes. Employment contracts are legally enforceable in Pennsylvania. If either party violates the terms of the contract, the damaged party can pursue legal action for breach of contract.
For an employee to assert a claim of breach of contract and enforce an employment contract, Pennsylvania laws requires that a party prove the following four elements:
- A valid and legally binding contract existed
- The employee complied with the contract by performing their obligations
- The employer breached the contract
- The employee has sustained damages as a result of the breach
Employment contracts can also be enforced by employers against employees. Restrictive covenants like non-compete agreements protect the employer’s business interests by limiting an employee’s actions after a term of employment.
Non-compete and non-solicitation agreements are enforceable in Pennsylvania as long as they are reasonable. When considering reasonableness, courts will look at the duration of the contract, the geographic boundaries in place, and whether the agreement could cause harm to the public.
What Are the Legal Requirements for Pennsylvania Employment Contracts?
The legal requirements for a Pennsylvania employment contract are governed by Pennsylvania contract laws. Contracts can be either written or oral, but all enforceable contracts will contain the following elements:
- Intent. There must be clear intent that the parties planned to be bound by the contract terms. A signature on a written contract is one way to prove intent. Intent becomes harder to prove for oral contracts.
- Definite terms. The terms of the contract must be clear to be enforced.
- Consideration. The agreement must be supported by consideration. Consideration means that something of value is promised by one party to the other in exchange for something else of value. For the purposes of an employment contract, consideration can be the employee’s promise to work for compensation.
While oral contracts are legal, it is highly recommended that all employment contracts are in writing and signed by both parties. The elements of breach of contract are more difficult to prove without a tangible contract putting either party at a disadvantage if enforcement is necessary.
Types of Pennsylvania Employment Contracts
Employment contracts come in many forms based on the type of work the company does or the type of employee being hired to complete the job. Some employment contracts include restrictive covenants and sometimes these contracts are separate from the employment agreement.
Some common types of Pennsylvania employment contracts include:
- Permanent employment contract
- Fixed term employment contract
- Freelance agreement
- Subcontractor agreement
- Non-disclosure agreement (NDA)
- Non-compete agreement
Frequently Asked Questions
See Employment Contract by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
See Real Employment Contract Projects
North Carolina Employment Contract Review Review
- North Carolina
- 3 lawyer bids
- $450 - $1,000
Illinois Employment contract review and negotiation Drafting
- Illinois
- 4 lawyer bids
- $600 - $750
See all Employment Contract projects in Pennsylvania
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with an Employment Contract?
Meet some of our Pennsylvania Employment Contract Lawyers
Anand A.
Anand is an entrepreneur and attorney with a wide-ranging background. In his legal capacity, Anand has represented parties in (i) commercial finance, (ii) corporate, and (iii) real estate matters throughout the country, including New Jersey, Pennsylvania, Delaware, Arizona, and Georgia. He is well-versed in business formation and management, reviewing and negotiating contracts, advising clients on financing strategy, and various other arenas in which individuals and businesses commonly find themselves. As an entrepreneur, Anand is involved in the hospitality industry and commercial real estate. His approach to the legal practice is to treat clients fairly and provide the highest quality representation possible. Anand received his law degree from Rutgers University School of Law in 2013 and his Bachelor of Business Administration from Pace University, Lubin School of Business in 2007.
"Anand was a pleasure to work with! He was very thorough and professional."
Vicki P.
Vicki graduated from Regent University School of Law in Virginia Beach, Virginia in 1996. She is a licensed attorney. She has been admitted to Wisconsin since 1998 and Pennsylvania since 1999.
"Perfect review of my loan agreement. Provided great info so I could make an informed decision."
Angela H.
Angela Hayden is an accomplished and driven attorney with a diverse professional background that sets her apart. Having served as a former Assistant Public Defender in Allegheny County, Angela acquired invaluable expertise in navigating the complexities of the criminal justice system. Her trial experience spans a wide range of cases, from minor retail theft to complex criminal homicide, demonstrating her ability to deliver successful outcomes for her clients. Prior to her focus on criminal defense, Angela honed her skills in public policy and political consulting through her work with both the Pennsylvania and United States House of Representatives. This experience provided her with a deep understanding of the intricacies of public policy and the ability to offer strategic guidance to clients. Angela's career also took her to a civil defense firm, where she traveled across the country, defending clients in litigation. This experience enhanced her ability to handle complex civil matters and strengthened her litigation skills. In addition to her expertise in criminal defense and civil litigation, Angela has demonstrated her proficiency in employment law, providing guidance and consultation to small businesses and non-profit organizations. Her keen insight into employment law matters ensures that businesses operate within legal boundaries while fostering a positive work environment. Furthermore, Angela is a licensed realtor, well-versed in residential real estate transactions. This additional knowledge allows her to offer comprehensive legal support to clients involved in real estate matters, ensuring their interests are protected throughout the process. Angela holds a degree from Hampton University and obtained her Juris Doctor from the University of Dayton School of Law. She is pursuing a Master of Business Administration. She is licensed to practice law in Pennsylvania and the District of Columbia, demonstrating her commitment to providing exceptional legal services in multiple jurisdictions. With her extensive experience and passion for achieving favorable outcomes for her clients, Angela Hayden is a dedicated advocate ready to guide you through your legal journey.
September 20, 2022
Michael S.
Real estate and corporate attorney with over 30 years of experience in large and small firms and in house.
January 11, 2023
Christopher N.
Christopher Nuneviller has practiced in the securities, venture capital, corporate and emerging business sectors, and as a contract-advisor to the federal government, a federal government senior level executive, and as Army Judge Advocate. Like you, he also he is a partner in other business ventures and faces the same pressure to succeed, be profitable, and stay sane, all while making his clients, employees, family and business partners happy. As the managing partner for Philadelphia's MNB Meridian Law, Ltd., his focus is on assisting small and mid-sized businesses grow and thrive. As a business generalist, Christopher provides advice and counsel to businesses, their owners, investors and shareholders on matters ranging from formation, organization, governance, routine and special operations, and growth toward IPO. Christopher is also a former U.S. Army Judge Advocate having served seven years in Washington, D.C. where he gained significant experience with "above the fold" matters of great import and an unhealthy insight into the internal workings of the "beltway" underbelly. Mr. Nuneviller is admitted to practice in the Commonwealth of Pennsylvania, and before the Supreme Court of the United States, the Court of Federal Claims, and the Court of Appeals for the Armed Forces.
May 21, 2023
Maria M.
I have worked for over 20 years in the areas of family law, business formation, contracts and real estate law. In the area of family law, I represent clients in all areas of family law including child custody, child support, spousal support and marital property division as well as preparing prenuptial and separation agreements. I am experienced in real estate law, including commercial and residential leases, preparing various types of real estate related contracts. I am also experienced in business formation among other business law matters. I currently work in the area of grant management with the Small Business Administration.
August 9, 2023
Daniel K.
My practice focuses on business and commercial litigation. I have worked with companies of all sizes from sole member LLCs to those in the Fortune 500. I've advised clients on mergers, equity issuances, commercial transactions, joint ventures, employment issues, and non-competition. I've also drafted and negotiated the underlying agreements for these transactions and more.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Pennsylvania Employment Contract Projects
Employment Contract Review
"Provided quick help with an agreement."
Employment Contract Review/Non-complete/Healthcare
"Gil was very responsive, quick turnaround and answered all of my questions."
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 MoreEmployment Contract Review
"We were all done in 24 hours. Very responsive."
Employment
Employment Contract
California
What's intellectual property in an employment contract?
I recently accepted a job offer that contained an employment contract. The contract states that I will not use any intellectual property of the company without prior written consent. I am unsure what exactly constitutes as intellectual property and would like to get a better understanding of the definition of intellectual property in the context of an employment contract.
Russell M.
Your Agreement may contain a definition like this: “Intellectual Property” means recognized protectable rights and interests such as: patents (whether or not issued), copyrights, trademarks, service marks, applications for any of the foregoing, inventions, Confidential Information, trade secrets, trade dress, domain names, logos, insignia, color combinations, slogans, moral rights, right of publicity, author’s rights, contract and licensing rights, works, mask works, industrial design rights, rights of priority, know how, design flows, methodologies, devices business processes, developments, innovations. But a few of these are going to be most likely available to you. Internal company know-how or “ how we do things here that help us succeed”. Note the words “Confidential Information”. Confidential Information is another defined term which includes customer and employee information, pricing and business strategy and plans, among others.
Business
Employment Contract
California
What is fixed term employment contract?
I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?
Michael M.
This is an agreement that has a fixed amount of years which is agreed to by the employer and the employee. These types of agreements usually have a term of say 1, 2, or 3 years and often are renewable for another fixed term
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).
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.
Labor
Employment Contract
Georgia
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.
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
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with an Employment Contract?
Employment lawyers by top cities
- Austin Employment Lawyers
- Boston Employment Lawyers
- Chicago Employment Lawyers
- Dallas Employment Lawyers
- Denver Employment Lawyers
- Houston Employment Lawyers
- Los Angeles Employment Lawyers
- New York Employment Lawyers
- Phoenix Employment Lawyers
- San Diego Employment Lawyers
- Tampa Employment Lawyers
Pennsylvania Employment Contract lawyers by city
- Allentown Employment Contract Lawyers
- Philadelphia Employment Contract Lawyers
- Pittsburgh Employment Contract Lawyers
ContractsCounsel User
Employment Contract Review
Location: North Carolina
Turnaround: Less than a week
Service: Contract Review
Doc Type: Employment Contract
Page Count: 15
Number of Bids: 3
Bid Range: $450 - $1,000
User Feedback:
ContractsCounsel User