Running head: ANALYZING AN EMPLOYMENT AGREEMENT 1

Analyzing an Employment Agreement

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July 1, 2020
ANALYZING AN EMPLOYMENT AGREEMENT 2

Analyzing an Employment Agreement

Employee agreements are a standard document used to establish the rights,

responsibilities as well as obligations of each party during their period of employment in

relationships between employees and employers. According to the intent, one of the essential

instruments used by a company will be an employment agreement. The contract between the

employee and the employer enables the employee relationship to be strengthened to ensure each

party understands the key terms of the contractual relationship.

An agreement between employers is usually reduced to a commonly written document

involving acknowledgment and signature by the employer and employee. That said, employers

must not diminish any workplace arrangement on a written contract. Also, workplace agreements

may be indicated by explicit comments or additional actions taken by either the employer or the

employee more often than published. Such involved arrangements can take the form of

memoranda, corporate policy, and protocol approved for businesses or instructional content for

employees.

There is Mary, who needs to employ someone. According to her employment agreement,

she will provide a gardener's job. As the basic agreement includes its key terms like salary,

benefits, work schedule, restrictions on the confidential information, vacation allotments, etc.

includes. There the agreement provides a gardener job at the house of Mary and out the dressing

sense of the employee. According to this agreement, the hour work time will be from 8 am to 3

pm. The employee will get 12.50 dollars per hour, that also an amazing salary.

Moreover, when an employer, as well as an employee, joins a new job, an employment

agreement is a binding document. The policy on the jobs of both the employers and employees
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lays down the laws, privileges, and duties, which encompasses certain special commitments

performed that are exceptional in a given work circumstance. An employment arrangement

controls the entire life of the signing employee. It covers the minimum salary plus any incentives

that could be received on the work (Eab.business.govt.n, 2020).

The whole section of the contract includes employer benefits, such as health insurance,

pension plans, paid vacations, as well as other benefits, which include a specific job offer. With

broad terms, this segment points forth what the employee is to concentrate on when at work. An

accountant, such as financial analysis, taxes, and other numerical tasks, is engaged by a company

to help deal with its financial problems. All of these responsibilities are laid down in a contract

of employment. The use of highly confidential information also includes most employment

agreements. The policy must explicitly contain the wording banning the employee from

exchanging the sensitive details of an organization with other entities. The contract may also

include a requirement prohibiting an employer from changing jobs and working for a particular

period with a direct competitor (James, 2016, pp. 531-576).

An employer can take additional measures to protect his or her intellectual property,

including protect him or her from knowledge sharing outside the business. In general, an

organization uses a form of non-disclosure to formalize the issue, but an NDA can often occur on

an employment agreement. A work arrangement frequently allows for the probationary phase

that typically lasts for ninety days. At the time, the boss regularly addresses the right to dismiss

the employee discretionarily. Employees and employers tend to value assessments of

performance that are part of the employment contract. If evaluations arise, what basis, and what

responsibilities the individual has in an administrative evaluation are outlined in the performance

appraisal field of the agreement. Language on termination of jobs often requires a job
ANALYZING AN EMPLOYMENT AGREEMENT 4

arrangement. The firing provision usually includes the timeframe over which an individual may

leave and the quantity of notice. It further explains whether an employer will fire the employee

and whether the employer wants to access to the properties and records after an employee is

fired. Consult Stanford University's model employment contract for a clear description of how a

work arrangement appears and is organized (Garrison & Wendt, 2016, pp. 409-466).

The employment policy lays down the requirements for a prospective worker, ensuring

both an employment and an employee know what each should anticipate from the working

relationship. When any person is unable to decide how to continue on a task, the Employment

Agreement will order an employer and a worker to take more action according to the terms used

in the agreement, following existing organization guidelines. It is up to the employer to decide

which to use, and there are many types of employment agreements. There are some of the

workplace arrangements and contracts that are more widely used. The most common

employment arrangement is a contract of withholding. The employer has the right under this

kind of arrangement at any point to fire the employee. The employee shall, therefore, be entitled

to leave the job for any reason he or she considers fit, provided the job is not unlawful.

A written employee agreement lists employer-employee rights, guidelines as well as

obligations more thoroughly. The employer agrees to work for a certain period under a written

contract. The boss often decides to keep the workers for a limited time frame. The arrangement is

identical to an on-will deal, but that termination only allowed in situations when the individual

violates the provisions of the contract. Oral contracts are comparable to contracts on behalf of the

employers and employees, with the major distinction that vocal arrangements are not filed

formally, as they are based on a verbal agreement. Typically speaking, informal settlements are

difficult to enforce, and any administrative decision or conflict between workers, for example, is
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focused on evidence that is not written out, rendering arguing the argument of the sides even

tougher (Knowlton, 2014, pp. 16-19).

Advantages of the Agreement

Employee agreements will represent both workers and staff as important tools — here are

several advantages that they offer to new hires:

Each party-the employer as well as the employee-has a well-designed employment

agreement to work with them as they form a business relationship. Above all, best for all sides,

the more information the employee may bring into a new career. A good employment contract

allows employees and employers to negotiate key terms in a new employment arrangement such

as wages, benefits, time off, and auxiliary items such as telecommuting as well as vehicle use.

In the event of disputes between an employer and the employees, an employment

agreement may also be used as a referee in kind. The participant needs to apply and operate on

the language to settle the conflict in the basic language of the employment agreement. When a

contract is concluded, an individual will exhale. Now, the employee knows exactly where the

employee is, what's expected of the employee. He is a special person who enjoys surprises on the

job, and a complete compromise on work would be shocked. While most jobs in the United

States are willing, employers can use employee agreements to ensure that their most qualified

talents are bound by contractual terms, which will deter people who leave the business and have

an advantage in the contract.

Employment opportunities may also encourage highly qualified workers to enter the

organization. The prospect of a contract can guarantee a highly qualified employee greater

stability. Such staff may have additional employment offers, which could attract the employee's
ANALYZING AN EMPLOYMENT AGREEMENT 6

company with a contract with appealing turns. Finally, the appearance of an employment

agreement will give the employer more control of the work performed by the particular

employee topic to the provisions of the contract.

Disadvantages

The employment arrangement does not have several "cons" connected with it because it

has been professionally designed and contains all the elements mentioned above. That said,

workers will be mindful of an inadequate comment on job arrangements. If the terms and

conditions of employment are agreed upon and defined in a contract of employment, the worker

has them before his head. That makes it hard to renegotiate terms once they are part of the

agreement and thus restricts the flexibility of the employee. Some of the most expensive terms in

an employment agreement, particularly in the case of "firing" issues such as corporate ownership

robbing, ethical conduct at work, unlawful sharing of personal, corporate information leads, if

not internally, directly to a court of law. No one, particularly when searching for new jobs, wants

the experience.

In the employment arrangement, whether an employer experiences a decline in sales,

even if the employee will not fulfill the employer's initial requirements, the employer would not

be permitted automatically to fire the employee. Either in that case, the employer is left to

renegotiate the contractual agreement with the employee. Within the rules of the workplace, a

contractor is expected to behave in keeping with a good faith agreement and to negotiate equally

with the workers in conjunction with the initial contractual terms and conditions. That clause is a

significant importance to employers because it forbids a contractor from breaching the deal as ill

behavior in the process will contribute to larger civil penalties due to statute. It is an essential

safeguard for employees (Greenwade, 2014, pp. 129-144).

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References

Eab.business.govt.n. (2020). Employment agreements, made easy. Retrieved from

eab.business.govt.n:

https://eab.business.govt.nz/employmentagreementbuilder/startscreen/

Garrison, M. J., & Wendt, J. T. (2016). Employee non-competes and consideration: a proposed

good faith standard for the afterthought agreement. University of Kansas Law Review,

409-466. Retrieved from http://eds.a.ebscohost.com/eds/Citations/FullTextLinkClick?

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Greenwade, M. (2014). The future of mandatory employee arbitration agreements. Journal of

Dispute Resolution, 129-144. Retrieved from http://eds.a.ebscohost.com/eds/detail/detail?

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James, A. R. (2016). Because arbitration can be beneficial, it should never have to be mandatory:

making a case against compelled arbitration based upon pre-dispute agreements to

arbitrate in consumer and employee adhesion contracts. Loyola Law Review, 531-576.

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Knowlton, W. R. (2014). Implementing noncompete agreements in utah: protecting business

trade secrets, goodwill, and investment in employees. Utah Bar Journa, 27(3), 16-19.
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