Should an employment attorney look over an employment contract?

Asked over 2 years ago - Yelm, WA

I'm going to be a contract employee for the first time in my life, and I was wondering if it would be smart to have an employment attorney look over the contract before I sign it.


.

Attorney answers (4)

  1. Alicia Rae Levy

    Contributor Level 6

    Answered . I would agree that having an attorney look over the employment contract now would be a great idea! There are many issues with contractors being mis-classified. It should not take an attorney too long to look through agreement for you and make sure you are not entering into a bad/unfair agreement.

  2. Marilynn Mika Spencer

    Contributor Level 20

    Answered . I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.

    I think you know the answer to your question. Yes, of course you should. There are many reasons. Some contracts include provisions that are extremely unfavorable to the contractor; many terms are negotiable; the employment may not be a legitimate independent contractor job but actually an employee position; there may be terms you want to include in the contract; and far more.

    Spend $1,000-1,500 now and save yourself a load of grief down the road.

    To find a plaintiffs employment attorney in your area, please go to the web site of the National Employment Lawyers Association (NELA). NELA is the largest and most influential bar association in the country for attorneys who represent working people. The web site is www.nela.org, and you can search for attorneys by location and practice area.

    Also, NELA has affiliates in every state and in many cities. On the NELA web site, you can look at the list of affiliates. Some attorneys will be listed in the affiliate membership list, some in the national organization membership list, and some in both. Being listed in one or both lists should not influence your selection because attorneys can choose whether or not to purchase the listing in the national directory. Each local affiliate has its own rules for listing.

    I hope you can resolve your situation and wish you the best.

    *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your... more
  3. Margherita Maria Albarello

    Contributor Level 5

    Answered . Without a doubt. Although you do not speak to the contents of the contract, it is possible that the contract contains clauses that are unfair now or that you may wish you had not agreed to once your employment ends. For example, the agreement might have restrictions on your ability to compete with the employer or solicit its customers or employees during and after your employment terminates. Tread carefully.

  4. James M. Osak

    Contributor Level 15

    Answered . If you don't understand the contract, or are
    a bit 'hesitant' to sign it . . . then YES, have
    an attorney look it over. If the employer does
    not or will not let an 'outside' attorney look
    at the contract . . . then I would wonder what
    they were trying to hide . . . and might think
    twice about hiring in. Good luck!

    THIS ANSWER IS PURELY FOR ACADEMIC DISCUSSION ONLY AND DOES NOT CONSTITUTE ANY TYPE OF LEGAL ADVICE OR LEGAL... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

25,252 answers this week

2,896 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

25,252 answers this week

2,896 attorneys answering