Employment Agreements and Offer Letters

Employment Agreements And Offer Letters

Negotiating employment terms whether in a written employment agreement or offer letter sets the tone of your employment, formalizes the terms of employment and secures the rights of both the employee and employer.

Our firm has significant experience in effectively negotiating all of the critical terms of employment, on behalf of employees and employers, which should include some of the following:

  • Length of Employment
  • Fixed Term Contract
  • Whether “at will” employment applies
  • Definition of Cause for Termination
  • Benefits as Paid Time Off/Vacation
  • Indemnification
  • Job Duties
  • Reporting Relationship
  • Compensation including salary, bonus, commission and other incentive compensation and annual increases
  • Confidentiality and Proprietary Information Agreement terms
  • Arbitration/No Arbitration Clause
  • Change in Control Benefits
  • Stock Options and Other Equity
  • Severance
  • Relocation Expenses

If your employer will not provide you with a written employment agreement, even an offer letter can be an enforceable contract if signed by all parties.

Not addressing these issues up front may hurt you. Even if the first draft seems fair and standard, it is what is missing that might leave you unprotected. Also, some employers add non competition or non-solicitation terms that violate California law and could have an adverse affect on your future employment opportunities.