5 things you need to know about Employment Contract Reviews
- Many employees look to have their employment contract reviewed by a lawyer. Often this is before they take the job, and at other times when they’re leaving a job and want advice on the non-compete or non-solicitation clause.
- If you want to have your employment contract reviewed before you start work, the main clauses your employment lawyer will look at are your rights, your job description including obligations/milestones/key performance indicators, pay reviews, the non-compete clause, the termination provisions, and the pay and bonus clauses.
- Employees looking to leave an organisation often seek review of the non-compete and non-solicitation clauses in their employment agreement. The law around non-compete clauses is complex. How a non-compete clause will be interpreted, and whether it will be enforced, depends on the role and the facts of each case. For example, the CEO of a company will be held to a longer non-compete period than a cleaner, as the CEO holds considerably more confidential information. In general a shorter, less restrictive non-compete period is more likely to be upheld by the courts.
- Employees may have their employment contract reviewed as part of the process of determining whether a termination or redundancy has been conducted fairly. Again, it depends on the role and the facts, as well as reviewing the employment contract.
- Employment law is also influenced by case law. A solicitor or barrister with experience in employment law should be up to date on the recent employment case law, to provide you with specialist employment law advice.
Commercial Law, Contract Law, Information Technology And Online Law, Intellectual Property, Capital Raising LawExperience:
Bank of America Merrill Lynch, Baker & McKenzie, Hogben Group
Franchises, Business And Commercial, LeasingExperience:
Everingham Solomons, Edney Ryan Legal, Attwood Marshall, Lexis Nexis Precedents Author, Academic Marker, University of New England Law School