Essential Information to Know about the Employment Agreement in Massachusetts
An employment agreement in Massachusetts is a legal contract agreed upon between an employer and an employee. The contract outlines the terms and obligations of both parties for a successful employment relationship. With the agreement, there are minimal chances of disagreements. In addition, both parties feel at peace knowing the contract protects their interests.
Continue reading for crucial details about this kind of contract.
What Should Be Included in a Massachusetts Employment Contract?
Employment contracts are used when hiring permanent and temporary employees. They are also used when hiring freelancers, contractors, and subcontractors. A typical Massachusetts employment agreement should have a job title, duties and responsibilities of an employee, salary, benefits, contract duration, vacation times, and contract termination terms.
You need to know that the details in the agreement could vary with the type of employer and the job/assignment.
For example, a freelance job contract should include the specific job to be completed, the project cost, the hiring company and freelancer details, and the expected completion date.
On the other hand, a permanent contract should have details like job title, salary, time off, vacation times, duties, and company policies.
Are Employment Agreements Enforceable?
Yes, employment agreements are enforceable in Massachusetts. When you (the employer) create a contract, and you and the employee sign it, you will be held to the terms and conditions of the agreement.
It is important to note that no party should sign the agreement under duress. In addition, the contract should be fair to both parties and should not violate any contract laws or public policy to be enforceable.
However, note that Massachusetts is an at-will state. That means both parties (employer and employee) can end the employment relationship for almost any reason without legal consequences. However, the case can be different in the presence of an employment agreement.
Also, employees cannot be dismissed for some reasons, including age, race, origin, sexual orientation, pregnancy, and when exercising their rights.
What Are the Legal Requirements for Massachusetts Employment Contracts?
Massachusetts labor and industry laws govern the legal requirements for employment contracts. According to the set regulations, valid employment documents should be written and signed by the employer and employee. However, the laws recognize verbal and implied employment contracts.
Note that an oral agreement is a contract that is agreed upon by both parties but never put in writing. On the other hand, an implied agreement is created based on the behaviors and actions of both parties. Note that these two types of contracts are challenging to prove, so people are advised to use written employment contracts.
Types of Massachusetts Employment Contracts
There are various types of employment agreements used in Massachusetts. The type of agreement will vary based on the employer, the type of employee to be hired, and the job. Here are common types of employment contracts -
- Permanent contract is used by companies, NGOs, and government institutions when hiring permanent employees.
- A fixed-term contract is used to hire employees for a specified duration, whether short or long-term.
- Independent contractor agreement is used to hire independent freelancers and contractors to complete a specific job or project. A good example is a freelance employment agreement used by companies outsourcing freelance services.
- The non-compete contract is a restrictive agreement in Massachusetts that prevents an employee from working for a competitor or starting a competing business.
- A non-disclosure agreement is another restrictive agreement that prevents employees from sharing trade secrets and other vital information about their employers.
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