Should I have an employment agreement with my employees? YES! Do not fall victim to the myths:
Myth 1: Employee has the advantage
Truth: If the employee is valuable enough to hire, then they are valuable enough to lock in with an agreement. Key players should definitely be under an employment agreement. In the case of at-will employment jurisdictions, the relationship can be terminated by either party absent an agreement. An employer would want to protect themselves from an employee leaving unilaterally. With an agreement, the employer can limit and restrict the relationship.
Myth 2: A front-end downer
Truth: An employment agreement doesn't have to be too complicated to do the job. You should be able to work with the employee to negotiate an agreement if you expect to work with them as an employee in the future. If the potential employee is uncomfortable negotiating the agreement, pay for an attorney to represent them.
Myth 3: It is easier after the honeymoon
Truth: After the employee has proven their worth they will only have more power to negotiate. Create the agreement at the beginning with the protective measures in place to ensure future quality work.
Myth 4: Long and legal
Truth: It can be short, and length and legal complexity should not scare the employer. Work with an attorney. If your agreement will be a standard for future employees you can go from the initial advice you received.
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