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A Guide to Drafting an Employment Agreement in Mississippi
As an employer, you should protect your business against employees who might share or abuse confidential information about your company. An employment agreement in Mississippi will come in handy for that.
The document will outline the terms of employment and should have restrictive clauses that prohibit employees from sharing vital information that can give your competitors an unfair advantage.
What is a Mississippi Employment Agreement?
An employment agreement in Mississippi is a legal agreement between an employer and an employee. The contract outlines the terms and conditions of employment. It also highlights the reasons for contract termination and other details.
A Mississippi employment contract can be written or verbal. However, a written and signed agreement is advisable as it is easy to verify and prove. Although oral contracts are legally binding, they are harder to verify.
Information Required to Complete a Mississippi Employment Contract
The information required for each agreement varies with several employment contract types. But a typical employment agreement in Mississippi should have the following information;
- Company/employer and employee details
- Job title
- Duties and responsibilities
- Compensation and benefits
- Company Policies
- Non-compete and non-obligation covenants
- Vacation time
- Time off
- Disciplinary procedures
- Contract termination clause
The Legal Requirements for Employment Contracts
There are minimal legal requirements regarding employment contracts in Mississippi. The state recognizes written agreements that adhere to employment laws and regulations. In addition, the state requires employers to use written contracts for permanent employees.
It is important to note that these agreements should not be signed when one or both parties are under duress or influence. If one party claims and proves that they signed an agreement under such circumstances, the contract is considered non-binding and is not enforceable.
Mississippi also recognizes oral contracts, meaning they are enforceable. However, it makes more sense for employers to use written agreements to protect their interests and avoid misunderstandings when hiring permanent/ temporary employees and independent contractors.
Types of Employment Contracts in Mississippi
- Permanent employment is used by companies and institutions when hiring permanent executives and workers. These employees have regular working hours and compensation. The contract has no end date, but it has terms of employment termination.
- Fixed-term contract is used by companies, businesses, institutions, and individuals when hiring employees for a specified period (short or long-term).
- Independent contractor agreement is used by companies, institutions, and individuals when hiring contractors or freelancers to handle specific assignments or projects.
- Non-compete employment contract prohibits employees from working for competitors or starting competing companies or businesses after getting fired or quitting.
Are Employment Contracts Enforceable in Mississippi?
Yes, employment agreements, including restrictive contracts, are enforceable in Mississippi. However, all these written or verbal contracts must abide by the laws governing employment contracts to be legally binding.
Note that an employment document or agreement will not be enforceable if it violates public policy or state/federal laws. So, when creating your document, follow the proper procedure and enter the correct details. Also, be fair when setting the terms and conditions to protect you (the employer) and the employee.
But it is worth noting that Mississippi is an at-will employment state. This means an employer can fire an employee at any time for any reason, while the employee can quit without legal consequences. However, employers cannot fire employees for discriminative reasons like color, sexual orientation, disability, religion, or marital status.
Are you looking to create and complete a Mississippi employment agreement? If yes, Forms.legal has got you covered. We offer free Mississippi employment agreement templates online. All you have to do is choose a template, complete the form with accurate information, download it, and print it for signing. The process is straightforward, saving you the hassles of creating the contract from scratch.
Also check consultant employment contract and real estate employment agreement here.