A Comprehensive Overview of the Employment Agreement in Georgia
An employment agreement is an agreed-upon legal contract between an employer and a person willing to work for them (employee). The agreement contains essential information about the employment, including salary, duties, duration of the contract, and other important information.
An employment contract helps employers protect vital and confidential information that employees can easily share or misuse. It also protects employees from exploitation by clearly outlining their duties and compensation. Most importantly, the agreement allows both parties to avoid misunderstandings or disputes.
Terms and Details Covered in a Georgia Employment Agreement
An employment contract should have brief information about both parties, like the names and contact information. The contract should also have the job title, employee duties, compensation, benefits, and duration of the employment.
In addition, an employment agreement in Georgia can have time and vacation details, causes of termination, company policy and disciplinary procedure, and other special provisions. The agreement can be written, implied, or verbal, and there are various types ofagreements, meaning that the details/components might vary from one contract to another.
What Are the Legal Requirements for Georgia Employment Agreements?
Georgia generally recognizes written, implied, and verbal agreements, which can be enforced if they adhere to contract laws in the state. In a written employment agreement, all the terms and conditions of employment are in writing, and both parties sign the document.
Verbal agreements are created when terms of employment are agreed upon orally by the employer and the employee. In contrast, implied contracts are based on both parties' actions, conduct, or representations. All employment contracts are legally binding as long as they don't go against public policy.
The state requires that employment contracts for a definite period exceeding one year may be written to make enforcement easier. There are other legal requirements, and you can find them in Title 34 of the Code of Georgia.
Types of Georgia Employment Contracts
Georgia has many employment contract types, and you should create a contract based on your company's needs, the job on offer, and the kind of employee to be hired. Here are common types of employment agreements.
- A permanent employment contract is highly recommended when hiring high-level executives and experts. The employees have regular working hours and specified regular compensation, which are included in the contract.
- Fixed-term contract is used by companies or individuals hiring employees on a short-term contract basis.
- Confidentiality agreement (non-disclosure agreement) - The contract restricts workers from sharing or releasing valuable and confidential information about the employer.
- A non-compete agreement limits employees from creating a competing company/business or working for competitors. But there are more strict rules surrounding this type of agreement.
- The commission/bonus agreement outlines the terms and conditions surrounding compensation and benefits.
The Enforceability of Employment Contracts in Georgia
In Georgia, employers and employees don't have to agree, but if they do, the agreement is enforceable. The contract is legal if it doesn't violate any law or public policy in Georgia. The state also recognizes restrictive employment agreements as long as they are used to protect legitimate business interests.
It is essential to note that Georgia is an at-will employment state, permitting termination of employment for any reason. However, employers should not terminate employees based on age discrimination, disabilities, retaliation, or sex discrimination. And when there's a valid employment contract, the requirements for terminating a working relationship changes.
Are you looking to create an employment contract and don’t know where to start? Well, you don't need any special skills to go through this process. Neither do you need an attorney. You can easily handle this all by yourself using a free Georgia employment agreement template. Begin the process at forms.legal by choosing a format that suits your needs, filling it out online, downloading it, and printing it when ready.