Law Library Articles

Top 10 Employment Contract Articles in the LegalMatch Law Library

Ever since the Industrial Revolution, most people work for some form of employer—not just for themselves. As a result, employment contracts are an essential part of the economy in the United States.

The term “employment contract” is a deceptively simple umbrella concept for a complex web of interconnected legal issues. An employment contract can deal with any number of important legal topics, such as covenants not to compete, wage agreements, and work product ownership arrangements. The following articles cover all of the basics and provide useful information for employees at all levels.

1. Employment Scam

Job seekers should be wary of employment scams, which are fraudulent job offers designed to steal personal information or money. Common red flags include unsolicited offers that seem too good to be true, vague job descriptions, and requests for fees or sensitive data like bank account numbers. It is always wise to thoroughly research a company before providing any personal information or agreeing to an interview.

2. Temporary Employment Laws

Temporary employment refers to a work arrangement with a specific end date, distinct from part-time work which is based on hours per week. While temporary workers are often not eligible for company benefits like health insurance or paid vacation, they are still protected by federal and state labor laws. These protections include the right to a safe workplace and fair pay, including overtime, under the Fair Labor Standards Act (FLSA). Read more about your rights in this article.

3. How to Find an Employment Lawyer

When facing a workplace dispute, finding the right attorney is a big step. It is important to find a lawyer who practices in the specific area of your problem, whether it’s a contract breach, a wage dispute, or a wrongful termination claim. This article provides guidance on where to look for a qualified employment lawyer and what questions to ask to ensure they are the right fit for your case.

4. Is an Employer Liable for the Acts of an Independent Contractor?

Generally, a company is not legally responsible for the negligent acts of an independent contractor it hires. However, there are significant exceptions to this rule. A company may be held liable if it maintains substantial control over how the work is performed or if the task is considered “inherently dangerous.”

5. Sales Commissions Disputes

For many salespeople, commissions make up a large portion of their income, and disputes over these payments are common. These conflicts can arise from unclear contract terms, an employer’s failure to pay after a sale is completed, or disagreements over payment after an employee is terminated. A well-drafted sales commission agreement is the best tool for preventing and resolving these issues.

6. Employee Probationary Periods

Many employers use a probationary period to evaluate a new hire’s performance and fit within the company. While employees can be terminated during this time, they are still protected from illegal actions like discrimination or retaliation. It is important for both parties to understand the expectations and rights associated with a probationary period.

7. Non-Compete Agreement Lawyers

A non-compete agreement is a contract that restricts an employee from working for a competitor for a certain time after leaving a job. Historically, their enforceability depended on being reasonable in scope, geography, and duration. However, a 2024 rule from the Federal Trade Commission (FTC) has instituted a near-total ban on new non-compete agreements for most workers, dramatically changing the legal field. Read this article to learn more about such agreements.

8. Breach of Employment Agreement

A breach of an employment agreement happens when either the employer or the employee fails to fulfill their obligations under the contract. This can include an employer failing to pay the agreed-upon salary or an employee disclosing confidential information. The non-breaching party may be able to sue for damages to cover their losses.

9. Employment Contract Law

A formal employment contract outlines the terms of the relationship between an employer and an employee. These legally binding documents typically cover job responsibilities, salary, benefits, and conditions for termination. Having a clear, written contract provides security and clarity for both parties and can help prevent future disputes.

10. At-Will Employment

In the United States, at-will employment is the default standard, meaning an employer can terminate an employee for any reason that is not illegal, and an employee can quit for any reason. However, this doctrine has important exceptions. An employer cannot fire someone for discriminatory reasons, in retaliation for whistleblowing, or in violation of public policy.