Texas does not have a standard employment status of at-will. It has been the most common method of hiring and working for an employer. However, in recent years, other employment agreements have become more popular. These include contracts, temporary workers, intermittent and seasonal employment and even partnership ventures. Each agreement has its own terms, nuances and protections for the parties involved. It is always a good idea to have a lawyer look at any unusual or unique approach compared to standard employment. Legal advice for work agreements is not yet a career mistake. However, there are many stories of people who have regretted signing an agreement without legal counsel.
There are several types of employment contracts in Texas
In Texas, an agreement to work for pay is considered an employment contract. Most people do not sign a contract because they’re hired “at-will”. Both the employee and employer can hire or quit at any given time, without further obligations. In Texas, there is also no requirement for a formal contract to be signed prior to a hire. Federal laws are the main restrictions in any employment situation. They prohibit discrimination against a protected group in hiring or termination. ).
In Texas, formal employment agreements are on the rise. This puts both employees and new hires in an awkward position, as it is difficult to refuse an offer if you don’t understand the legal implications of the agreement. Employers are inserting clauses in agreements that protect the hiring party, while removing protections for employees. Everyone has the right, however, to consult with an attorney for an agreement review prior to signing an employment contract.
The Basic Generic Elements of Most Contracts
Certain parts should be included in most employment agreements and contracts. Each employment lawyer will look for these elements, and flag any agreement that lacks them. They are considered essential to a working contract. These include:
- Description of the duties or services to be performed
- How much time should an employee expect to spend on a daily basis and weekly?
- Terms of working availability for the employee
- Measurement of employee performance
- Limits the employee has agreed to, if applicable, in relation to activities outside of work (including online).
- How long or for how long the employee is hired, and if they are renewed at all.
- Compensation paid to employees for successful work performed. When, how and what it includes (including wages and benefits, fringe benefits and access or advantages allowed).
- Execution of the agreement signed between both parties
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The termination of the agreement, the rights and obligations of the parties and the notice required
- How to handle terminations with or without cause
- How disputes will handled (most agreements tend to arbitration as a way to avoid court).
- Use and disposal of company property, such as computers, phones, ID cards, access card, company equipment, etc. Loss or damage penalties
- What tests could be used (performance tests, drug tests, etc.)?
- Employees agree to confidentiality terms for not disclosing information about the company
- A lifestyle covenant or a non-solicitation provision (which is used to prevent employees from considering or interacting with another person while they are employed).
- Secondary income restrictions are clauses that prevent employees from moonlighting.
This list may seem extensive, but it is a basic set of terms and sections found in many employment contracts. Prospective employees should be aware of what these terms mean and if they are included before signing. A lawyer can verify this list very quickly for an employee.
Contracts of Employment for Teachers and Educators
Texas law is very restrictive and regulates the hiring and employment of teachers, due to their specialized nature, particularly when it comes to dealing with minors. This includes the requirements for probationary periods, seniority and specifics for employment length/time. This regulation applies to a wide range of positions in education, such as administrative positions, nurses and sports coaches. Contrary to popular belief, employment contracts for private schools are not covered by this state regulation.
Collective Bargaining in Employment
Skilled employment that is part of a unionized group may have agreed-upon terms that are applicable to all members. To work in a union shop, new employees must agree to the terms of employment. Changes are made by collective bargaining, not the employee and the employer alone. These agreements are applicable to all “rank-and-file” positions. Supervisory positions, in “unionized” companies or agencies, are exempt.
Timing a Legal Review
If you’ve been searching for a job for some time or the position is highly lucrative, it can be difficult to resist the temptation to accept the terms of the offer. In most cases, it is better to request a reasonable amount of time to make a decision, typically a day. A Houston employment lawyer’s review of a contract can be crucial to understand what restrictions or loopholes one may be placing on themselves in order to get that new job.
Employers already have lawyers on staff or by contract. Their employment contracts are written and drafted with their best interests in mind. The employers expect new employees to not pay attention to the details because they want to get hired as soon as possible. In this environment, abusive language is often used subtly. Only a reader who understands the meaning of clauses will notice. Having a Houston employment lawyer on your side will even out the odds.
The article Houston Employment Agreement Attorneys first appeared on Attorney at Law Magazine.