Is It Worth Having a Lawyer Check Your Employment Contract?

Getting hired, especially in your dream job, is exciting; so exciting that consulting with the best employment lawyers in Sydney may not even cross your mind. You might just skim over your contract, which may or may not have unfair terms. If you want to avoid issues over less favourable terms, having a lawyer thoroughly check your contract is crucial. You don’t want your dream job to become a nightmare?

When is a legal review necessary? 

You might think that your work doesn’t warrant a legal assessment. Well, certain scenarios say otherwise. It’s important that you know when your job falls into any of them.

Long-Term Contract: If you’ll be employed for longer than a year, it’s important to check the compensation terms. You should receive the minimum entitlements as prescribed by the National Employment Standards, as well as fair compensation for when your circumstances change in the years to come.

Executive Position: It’s highly recommended to have your contract reviewed by a lawyer if you’re taking an executive position, whether starting in one or after a promotion. Higher positions usually have different terms than rank-and-file. Some of the terms to look into are:

• Taxable incentive plans and awards
• Entitlement in the event of a change in control of a company (e.g., a company is sold)
• Severance payments and relevant tax concerns
• Terms of resignation or termination
• Rules on exclusivity, non-compete, and intellectual property

Contract Length and Complexity: Seek legal help if your contract is long and difficult to understand. There might be unfair terms hidden in complex legal jargon.

How can you benefit from a contract review? 

Protect Your Rights

• Certain terms hidden in your contract could result in you signing away your employment rights.
• You might overlook provisions where you practically waived your legal rights and employer liabilities.
• In the event of disputes, you might waive your right to a legal claim.

Termination and Severance

• Wrongful termination can mean different things for different companies. Failure to identify elements that satisfy such termination could be your downfall.
• A lawyer can pinpoint such terms and clauses, saving you from headaches even before you start working.
• A thorough review helps you make a better decision on whether to take on the risk or negotiate.
• A review of the severance terms will give you an idea of what will affect the final amount. It could be your tenure or how you’re terminated.

Safeguard Against Unfair Terms

A lawyer can check your contract for unfair or unlawful provisions as defined by the Fair Work Act. These include:

• A non-compete clause that bans you from being involved in the same line of business for a long time. One year is long enough; how much more if it’s two or more years?
• Lower than the legal minimum pay, which is illegal to begin with. Without knowledge of the legal minimum, however, you might think the provision is fair.
• Absence of terms related to redundancy pay and notice of termination.

Counteroffer

• If you think the offer doesn’t match your skills and expertise, your lawyer can create a counteroffer that will not offend a prospective employer.
• They can help improve the final offer and turn unreasonable clauses into reasonable ones.

Before you sign a contract, have a lawyer go through it. It’s better to start a job with favourable terms than later discover that you’re stripped of your rights as an employee. It doesn’t take much to visit Coleman Greig Lawyers and have their employment law experts check your contract.