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Employment Contract Attorney Cambridge

employment contract attorneys in Cambridge

Employment Contract Attorney Cambridge

When you need employment lawyers to assist with the review and negotiation of an agreement in Massachusetts, Bennett & Belfort, P.C. is the ideal law firm.  Located in Cambridge, Massachusetts, Bennett & Belfort’s lawyers are a trusted resource for employees who have been presented with an employment agreement, restrictive covenant agreement, and/or separation agreement, or for employers who plan to present some type of employment agreement to an employee.   

Some terms to consider if you are an employee in Massachusetts who has been presented with an employment contract to work for an employer in Massachusetts

Many employment contracts will include some of the following items:

  • Name of Massachusetts employer;
  • Start date;
  • Job title and duties (job title and whether it is subject to change in time; breakdown of the tasks the Massachusetts employee will be required to complete on behalf of Massachusetts employer; whether duties are subject to change; name of supervisor or supervisors; weekly one-on-one meetings; performance evaluations and dates by which they will be performed);
  • Location of work (address of place of business; requirement to attend in-person versus remote or some form of hybrid schedule; sales territory if applicable; travel requirements and business expenses associated with travel if applicable);
  • Compensation (salary amount or hourly rate of pay; eligibility for overtime pay or whether exemption(s) apply; signing bonus; incentive bonus; yearly performance bonus and/or eligibility for a bonus program; commissions and/or notice of commission plan; eligibility for stock option/incentive plan and/or issuance of restricted stock units; tax withholdings; approval for payment by Board of Directors and/or management; timing of payments; payroll practices);
  • Massachusetts employee benefits (paid time off (PTO) and/or vacation; sick time; eligibility for Massachusetts Sick Leave law; health insurance; dental insurance; life insurance; vision; 401k eligibility and contribution limits – if 401k is offered, a link to all information that is part of the company plan);
  • Eligibility for hire (employment offer is contingent upon Massachusetts employee providing Massachusetts employer with documentation showing proof that employee is authorized to work in the United States as required by the Immigration Reform and Control Act of 1986; employee work visa and supporting paperwork if applicable; all documents necessary thereto);
  • At-will employment or term of employment (if the employment offer states the position is at-will, employee and employer are free to terminate the employment relationship with or without cause, so long as the company’s reason is not unlawful; resignation notice requirement if applicable; termination notice requirement if applicable; if not at-will, requirements associated with termination, including definition of “for cause” termination of offer of employment);
  • Company property (issuance of computer hardware and software such as laptop or iPad, access card, keys, credit card, cell phone and related equipment, and all company materials that will be provided to Massachusetts employee by Massachusetts employer upon execution of employment offer);
  • Return of company property (at the conclusion of employment, employee will be required to promptly return all company property);
  • Restrictive covenants (non-competition; non-solicitation; confidentiality; assignment of inventions; post-termination obligations; condition of employment; consideration for acceptance of restrictive covenants);
  • Prior contracts (not bound by prior employment agreements and/or restrictive covenants executed by the Massachusetts employee that would prohibit employment);
  • Company policies (issuance of an employee handbook may be provided by Massachusetts employee to Massachusetts employer as part of employment contract; violation of company policies may lead to reprimand, up to and including termination);
  • Severance agreement (the offer of employment, in some rare cases, will specifically state that an employee may be entitled to severance pay at the conclusion of their employment if certain factors are met.  In this case, there is often a requirement that the employee executed a comprehensive severance agreement—which will be issued upon the Massachusetts employee’s departure from the Massachusetts employer—which will include a release of claims);
  • Criminal background check (offer of employment may be contingent on completion of a criminal background investigation; company reserves right to rescind offer of employment pending the results of the criminal background check);
  • Entire agreement (offer of employment supersedes all prior contracts, oral agreements, and/or discussions);
  • Dispute resolution (negotiation; mediation; arbitration; venue for mediation and/or arbitration along with costs associated with mediation and/or arbitration);
  • Review (Massachusetts employment law attorney may review employment contract prior to execution of the document);
  • Deadline by which Massachusetts employee must provide notice to Massachusetts employer of intention to execute the employment agreement.

If you have been presented with an employment agreement, Bennett & Belfort, P.C. has a team of attorneys located in Cambridge, Massachusetts that can discuss your employment, termination, and review your separation agreement

In reviewing contracts—including separation agreements—the attorneys at Bennett & Belfort, P.C. counsel individuals on the contents of the contract, and assess whether the individual has potential legal claims for age discrimination, pregnancy discrimination, race/color discrimination, national origin discrimination, gender discrimination, religious discrimination, discrimination based on sexual orientation, sexual harassment, retaliation, claims in contract, and/or wage claims for violation of the Massachusetts Wage Act.

The review and negotiation of a contract is one of the core practice areas of our firm.  Employees across Massachusetts, including in Cambridge, have retained Bennett & Belfort, P.C. to review their separation agreement—which often includes a discussion of the employee’s employment contract—at which point the individual can decide whether to accept the offer of pay from the employer, negotiate better terms, or pursue litigation.  If Bennett & Belfort, P.C. is retained to negotiate your separation agreement, it may—if you so choose—contact your former employer on your behalf to discuss the offer, discuss potential laws that have been violated, and the pros and cons of what litigation would entail.       

During a consultation with an attorney for Bennett & Belfort, P.C., some of the following items may be discussed as it relates to the employment offer:

  • Employee’s information (protected classes such as age, gender, race/color, national origin, disabilities, religion, sexual orientation, military background);
  • Background (employment positions held prior to current employment; educational background);
  • Current employment (a detailed description of Massachusetts employee’s current employment situation; whether employee is bound by a current contract; compensation due and owing to Massachusetts employee, such as salary or hourly rate, overtime pay, commissions, bonuses, payment of restricted stock units; whether employee will forfeit compensation if they elect to accept proposed offer and leave current company);
  • Proposed offer of employment (employment contract attorney Cambridge MA will thoroughly review the language of the proposed offer of employment and discuss this review with the employee; Bennett & Belfort employment lawyer will review all details of proposed offer of employment vis-à-vis current employment situation);
  • Assess potential offensive legal issues (Bennett & Belfort lawyers will assess whether employee has potential legal claims against current employer for wrongful termination, breach of contract, breach of the implied covenant of good faith and fair dealing, Massachusetts and federal whistleblower laws, defamation, age discrimination, pregnancy discrimination, race/color discrimination, national origin discrimination, gender discrimination, religious discrimination, discrimination based on sexual orientation, sexual harassment, retaliation, claims in contract, and/or wage claims for violation of the Massachusetts Wage Act, etc.);
  • Assess potential defensive legal issues (Bennett & Belfort lawyers will assess whether the employee’s current employer has potential legal claims against employee for breach of contract, theft of company property, solicitation of employees of company clients, etc.);
  • Pros and cons of accepting current offer of employment through the lens of Bennett & Belfort employment law attorneys;
  • Departure from current company if Massachusetts employee accepts offer from Massachusetts employer (Bennett & Belfort lawyers will discuss with Massachusetts employee the best approach to provide employer with a notice of resignation, how to return of company property, and best practiced to communicate employee’s departure with work colleagues).
  • Unemployment benefits (Bennett & Belfort employment law attorneys will discuss whether or not the employee is eligible for unemployment benefits at the conclusion of their employment);
  • Severance (Bennett & Belfort employment law lawyers will discuss whether or not the employee should seek a severance package from their employer prior to departing the company and, if so, the best approach to make such a request);
  • Litigation (Bennett & Belfort attorneys are skilled trial lawyers who have tried many jury and bench trials across Massachusetts.  Accordingly, whether the employee’s case is in Cambridge or elsewhere in Massachusetts, the lawyers will be familiar with the applicable court, and are prepared to have detailed discussion of litigation (including likelihood of success on the merits, costs associated with litigation, and timeline).   

If an employee presented with a separation agreement would like to pursue litigation in Massachusetts, Bennett & Belfort, P.C. will assess all laws on the employee’s behalf and proceed accordingly

If the employee believes that the separation agreement offer from its former employer is insufficient and/or the separation agreement negotiations have not resulted in a suitable separation offer, litigation may ensue on account of wrongful termination.  Bennett & Belfort attorneys have litigated cases across Massachusetts.  If the employee has a claim of discrimination against its former employer, the first step is often a filing with the Massachusetts Commission Against Discrimination (MCAD).  The MCAD has jurisdiction to hear cases of discrimination in Massachusetts, including age discrimination, pregnancy discrimination, race/color discrimination, national origin discrimination, gender discrimination, religious discrimination, discrimination based on sexual orientation, sexual harassment, and retaliation.

Turn to experienced contract attorneys in Cambridge, Massachusetts to draft your company’s employment agreements

At Bennett & Belfort, our attorneys have been negotiating and drafting contracts and separation agreements on behalf of employers for years and provide trusted counsel with a personal touch.  Our attorneys are skilled in many practice areas, keep cost in mind, and, therefore, the separation packages drafted on behalf of employers account for Massachusetts wage laws, discrimination claims, sexual harassment claims, contract matters, employee leave, and all legal claims.  The agreement ensures that the employee receives all pay when due and owing, and is intended to prevent litigation.

Contact a Bennett & Belfort contract attorney in Cambridge, Massachusetts

If an employer contacts you regarding an employment agreement, including but not limited to, a separation contract, in Massachusetts, or you are an employer who would like employment agreements drafted, feel free to contact Bennett & Belfort, P.C. online or by telephone at (617) 577-8800.  To speak with an experienced contract attorney in Cambridge, Massachusetts, employees and employers can contact Bennett & Belfort, P.C.  

 

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