A conscientious Employer should always consider using written employment agreements with all Employees given that such contracts may do the following 10 important things:
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Establish clearly the duties and responsibilities that are to be performed by the Employee
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Restrict the amount of notice of termination to which the Employee is entitled if dismissed without just cause
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Limit the Employee's ability to compete with the Employer's business after the employment relationship has ended
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List the forms of misconduct which will constitute “just cause” for the Employee's dismissal
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Establish a probationary period during which the Employee's ability to perform the essential duties of the job will be evaluated by the Employer
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Clarify which employment information is Confidential and may not be disclosed by the Employee during, or after, his/her employment relationship with the Employer
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Retain the Employer's flexibility to unilaterally alter the Employee's job duties and responsibilities without giving rise to a constructive dismissal claim by the affected Employee
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Codify the terms of employment (so as to avoid dispute at the cessation of the employment relationship)
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Prohibit the Employee from soliciting the Employer's customers or employees after the employment relationship has ended
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Quantify the minimum amount of notice of resignation that the Employee is obligated to provide to the Employer before voluntarily ending the employment relationship
Note: The information contained in this article is issued to provide general information only. It is not intended to provide legal advice and should not be acted upon without consultation with professional advisors.
