When you’re looking into signing an employment contract in New York, there are some important things to take into account. This is true whether you’re a business looking to hire new employees or an individual employee looking to sign a contract that’s right for you. Diving into a contract without fully understanding what the clauses and terms mean can be a recipe for disaster. It’s important to have a thorough understanding of employment contracts and the legal requirements for them before you sign on the dotted line.

To help, we’ve rounded up five of the most important things to consider when signing an employment contract in New York. Whether you’re a small business that’s hiring its first employee or an experienced employee that’s looking to sign a contract with a new job, these tips will help you in forming an agreement that is mutually beneficial and properly protects both parties:

1. Prior Negotiations

Before signing an employment contract in New York, there is an understanding based off previous negotiations between the two parties involved. The terms of the agreement should already have been established before signing. The agreement should reflect the understanding that both parties have come to around things like job duties, salary, benefits, vacation time, and any other points that were discussed. Make sure that the agreement clearly reflects the understanding that was negotiated and that there’s something in writing that both parties can refer back to.

2. Rights & Obligations

It’s important to understand both your rights and obligations as well as the rights and obligations of your employer. Knowing these details is especially important when crafting the employment contract. Both parties should have a clear indication of what is expected of them. The agreement should include information such as job duties, salary, benefits, vacation time, and any other points that were discussed prior to signing the contract. This will prevent any misunderstandings down the line.

3. Length of Contract

The length of the contract is also an important consideration. In New York, employers are prohibited from letting employees sign contracts that are longer than a certain amount of time determined by the State. Knowing what these restrictions are and making sure they are reflected in the contract is valuable for both employers and employees.

4. At Will vs. Employment Contract

An At Will employment agreement is also known as an implied contract. It’s not a written contract but rather an agreement made verbally. This does not necessarily mean that the employee can be fired without any cause, but it does mean that the employer has the right to do so. Companies often take this route because it limits their liability in the event of termination.

A written employment contract is much different in that it specifies the details of the hiring process, such as job duties, salary, benefits, vacation time, and any other points that were discussed prior to signing the contract. While an At Will Agreement limits the employer’s liability, it also limits the employee’s protections in the event of termination. On the other hand, an Employment Contract provides more protection to the employee.

5. Understand Local Regulation

Employment law varies from state to state. It’s important to understand what the regulations are for the state in which you’re entering the employment contract. New York has specific laws pertaining to employment contracts and it’s important to know and fully understand them before signing any contract. It’s also important to have legal counsel who is knowledgeable in local regulations and can advise both parties on the details of the contract.

These five tips are a great starting point when looking into signing an employment contract in New York. It’s important to make sure both parties are fully informed of the details and rights associated with the contract. Understanding the differences between an At Will and an employment contract is also important as it could mean the difference between having a legally binding agreement and simply having a verbal understanding. Finally, having a lawyer who is familiar with local regulations is an important consideration. With the help of all these things, signing an employment contract in New York should be a straightforward process.

Topics:

Employment Contract,

New York,

At Will