We all know that when things at work are going well, there seems little cause to look at the written documentation that characterizes the employment relationship. This is true whether we are talking about a generic employee handbook or an actual contract.
When the relationship hits a snag, it is important to RE-review those employment documents. On a positive note, that paperwork offers a road map to both the employee and the employer as to how to go about making the relationship better. On a less positive note, employee violations of written policies can serve as grounds for discipline or termination. If done correctly, pointing out an employer's failure to follow its own written standards can cause that employer to re-think such missteps.
When dealing with actual employment contracts, it is vitally important that you have a copy of the contract signed by you and your employer. (Or both companies if your company is contracting with another.) Especially in the context of a small business, it may be tempting to forego the "formality" of obtaining signatures. This is a mistake - without those signatures it can become terribly difficult to enforce the contract.
Do yourself a favor and take the time to know the content of the documentation governing your job.
I was prompted to write this article after several potential clients came to me wanting to enforce employment contracts or business-to-business contracts that were never finalized. The potential clients have become my clients, and I am currently working to resolve their legal issues. But the path to resolution would have been much clearer, and the outcome much more predictable, had the employment relationships been finalized in writing.
Please do not hesitate to get in touch with me if you have a legal question.
Curtis
650 868 6620
www.curtiseallenesq.com
