How to Set Up a Contract for Employment

Laws governing the drafting of an employment contract vary from state to state. There are also federal laws that come into play. Ensuring that a contract for employment meets these minimum standards is essential to making an agreement legally enforceable. Toward this objective, there are specific provisions that must be included.

Things You'll Need

• Written contract for employment

Instructions

1. Name the parties to the contract for employment. The legal name of the business and the employee are set forth at the beginning of the agreement.

2. Ensure that the title of the position the employee will fill, along with a concise job description, are included in the contract for employment. Listing all prospective job duties is not the wisest course. Listing specific job duties can be interpreted as a limitation of the employee's responsibilities when the intent is for the individual to perform other duties, too.

3. Set forth the specific start date of employment.

4. Include the terms of employment if there is an intended specific time frame. If the employee is hired indefinitely, that should also be noted.

5. Insert details on specific conduct or inaction that will result in termination. Include a catchall that encompasses failures by the employee that might not be contemplated at the time the agreement is created.

6. Include signature lines for both the employee and a duly authorized representative of the employer. Having the signatures notarized is acceptable, but not required.

7. Execute two original copies of the contract -- one for the employee and one for the employer.

Tips & Warnings

• It is wise to retain an attorney to prepare a contract for employment. These are intricate documents and even a minor mistake can result in serious legal consequences. Local and state bar associations maintain directories of attorneys in different practice areas. Contact information for these groups is available through the American Bar Association.

References

• "Employment Law Cases and Materials"; Mark A. Rothstein; 2007
• "Employment Law"; John Jude Moran; 2007
• "Employment Law in a Nutshell"; Robert N. Covington; 2009

Resources

• HG: Guide to Employment and Labor Law
• American Bar Association: Directory of State and Local Bar Associations