Understanding the Rules About Employment Contracts in Massachusetts
Understanding Employment Contracts in MassachusettsMany employees in Massachusetts work without employment contracts and are considered at-will employees. If you are offered a written contract, the terms of the contract will govern your employment relationship. It is crucial to understand the key terms, as they can affect your substantive rights and limit your options if you later have legal claims against your employer, especially if they include a mandatory arbitration clause.
What is an Employment ContractA true employment agreement is signed by both the employer and employee and contains terms and conditions specific to that employee. An employee handbook, in most cases, is not considered a contract. A signed offer letter can serve as a contract, but many offer letters include language giving the employer the right to modify terms. While specific promises made by the employer are not the same as an employment contract, they may be enforced under certain limited circumstances if you reasonably relied on them.
Employment Contract: Non Disclosure ProvisionsEmployment agreements often include provisions requiring you to keep company information confidential, known as non-disclosure agreements (NDAs). These provisions are generally enforceable as written. Even if you do not see this provision, you have a common-law duty not to disclose or misuse an employer's trade secrets.
Employment Contract: Termination ProvisionsSome employment contracts do not specify a time period of employment or conditions on termination, making the relationship "at-will." However, other contracts may specify a term of employment and define when and how the relationship can be terminated before the end of the term. Understanding termination provisions is crucial, as they can impact the circumstances of your employment termination and your rights to things like severance and vesting of equity interests.
Employment Contracts: Work for Hire ClauseContracts may include sections related to intellectual property, assignment of inventions, or work for hire, especially in roles requiring you to create content or products for your employer. This clause ensures that the company owns the intellectual property related to your work. While common, you should verify the scope of the work for hire provision, especially if you engage in unrelated side jobs or creative projects outside of work.
Employment Contracts: Non Solicit and Non Compete ClauseNon-compete clauses restrict your ability to work for a competitor during and after employment. Non-solicit clauses limit your ability to solicit customers and/or employees during and after employment. Understanding the scope and legal implications of these clauses is crucial, and you should seek legal advice if they are part of your employment contract.
Additionally, if your employer tries to classify you as an independent contractor, it's important to assess whether this classification complies with Massachusetts employment law. Employment Contracts: Repayment ProvisionsRepayment provisions in employment contracts can be a critical point of concern for both employees and employers. These provisions stipulate that employees must repay certain benefits or sums of money if they leave their job before a specified period or under specific conditions. While these agreements can serve as incentives for employees to commit to their roles, they also raise questions about fairness, enforceability, and employee rights. The interpretation and enforcement of repayment provisions can vary significantly based on jurisdiction and the specific language of the contract. As such, it is essential for both parties to thoroughly understand their rights and obligations in these agreements and seek legal advice when necessary to ensure a fair and equitable outcome.
|
We're Here to Help.OR
|
Meet Our Employment Lawyers
Emily Smith-Lee is the owner and founder of slnlaw. She is a 1996 graduate of Boston College Law School. She was previously a partner at the Boston office of a large international firm, where she worked for thirteen years before starting the firm that became slnlaw in 2009. She has been recognized as Massachusetts Superlawyer each year since 2013, and in 2018 earned recognition as one of Massachusetts Lawyers Weekly's Lawyers of the Year. She has written a book on employment law: Rules of the Road, What You Need to Know About Employment Laws in Massachusetts. Along with the rest of the slnlaw team, she has helped hundreds of clients navigate, negotiate, or defend against the terms of their employment agreements, including non competes, non solicitation agreements, employment contracts with intellectual property provisions and other restrictive covenants, and executive employment agreements.
Rebecca Rogers: Rebecca is a 2006 graduate of Boston College Law School, and has worked with slnlaw since 2013. She previously worked as an intellectual property litigation attorney for Fish & Richardson in Boston, Massachusetts, and clerked for the Massachusetts Supreme Judicial Court. Rebecca has helped many clients understand and evaluate their non compete agreements and develop strategies for defending against non compete enforcement and negotiating resolution, and understand and navigate other employment contracts.
Jenna Ordway: Jenna is a 2013 graduate of Quinnipiac Law School, and also earned an LLM in Taxation from Boston University in 2015. She has been affiliated with slnlaw since 2011, first as a law clerk and then as an attorney. Jenna has been recognized since 2019 as a "Rising Star" by Massachusetts Superlawyers. Jenna works with employers to develop reasonable and enforceable employee agreements, including non competes, non solicitation agreements, executivev employment agreements and incentive agreements. She has also helped employees understand and evaluate their non compete agreements and develop strategies for defending against non compete and non solicitation enforcement and negotiating resolution.
Elijah Bresley: Eli is a 2014 graduate of Seton Hall Law school, and has worked with slnlaw since 2020. He previously worked for a boutique employment law firm outside of Boston, and then for the Labor and Employment department of a large Boston firm. He also spent a year clerking for the judges of the Superior Court in Hartford, Connecticut. Eli has helped clients both evaluate and negotiate their employment agreements, including non competes, non solicitation agreements, employment contracts with intellectual property provisions and other restrictive covenants, and agreements requiring employee payback of retention bonuses or training expenses. Eli has also defended claims against employees based on employment contracts in state and federal courts.
How We Can Help
Our experienced legal team can provide guidance and expertise in navigating employment contracts, ensuring your rights are protected and helping you make informed decisions. You can use the button below to schedule a call back from a member of our team, or give us a call at 781-784-2322.
|
|
|
|
|
