Employment Agreement With Construction Worker

An employee who seeks some job stability or security, and a business that wants to protect trade secrets, patents, inventions, sales territories, customer lists, and similar confidential business information often find it helpful and desirable to place the terms of the employer-employee relationship in a binding, written employment contract. In considering whether a written employment contract is appropriate in a particular situation, there are conflicting considerations. On the one hand, if the employment relationship is to exist over a lengthy period of time, it may be best to crystallize the agreement by reducing it to written form, which clarifies the mutual obligations of the parties as the employment relationship progresses. On the other hand, after giving careful consideration to the individual needs of the contracting parties and the local statutes1 and case law of the jurisdiction, the attorney asked to draft an employment contract should carefully consider whether a written contract may necessarily be to the best benefit of his or her client. For example, an employer may not wish to be bound by large salary payments if the employee is replaced, and a prospective employee may not want the position to fail to materialize when counsel for the parties cannot agree on how to provide for the many contingencies that may occur.