Employer/employee Contracts

[slonezp]

Here's the story, Work has been slow. I applied for a job at another shop (hvac/r)where my buddy works. He has a steady 45-50hrs a week, with some guys working close to 60hrs a week. I was offered the job but at a decreased salary( I get paid $4 an hour over scale now. The decreased salary but additional hours will be more than I'm making now)and was told by the owner I'd have to "prove" myself to make over scale. I gave notice, and my current shop offered me a guaranteed 40 + OT until the first of the year and gave me the weekend to think about it. Talked to my manager yesterday and told him I was still leaving. During this conversation one of the owners came in the office and said they finally got a commitment for 16 additional restaurants. Afterwards, my manager more or less begged me to stay and said "Take another day to think about it." I have a meeting with him in the morning in which I'm going to ask for additional hourly rate, another week of vacation, and to extend the guaranteed 40 for a total of 12 months. If they don't take the offer, I'm leaving. If they do take the offer , I have 2 questions. 1. Does this contract need to be written up by someone special ie. a lawyer, or can myself and my service manager work it all out, sign and notarize it. I refuse to make a handshake agreement. 2. If I opt to move on to the new company, is it within my rights(don't know if that's the right word) to request some type of compensation contract. "Proving" myself is vague. Can/should I get everything in writing before making the move? They told me there's plenty of work, and my buddy agrees. I am in a union and they cannot pay me less than scale, but are not obligated to pay me more. I'm concerned at how long I will need to prove myself. All my bene's are thru the union so that is not an issue. I have never been in this type of situation/negociation before and want to cover my @$$.

[Sam]

Depends on what you put in the contract in writing.

No handshake aggrements. Parole Evidence Rule will remove that.

You can create a "Written Understanding of Employment" where you outline the agreed upon terms of employment and benefits. In return, you promise to fulfill the agreement. Make sure it has a starting and ending date.

Try to avoid any Noncompete Agreements. Don't mention them.

If you want, you can always contact an attorney and pay him for advice. If there is a law school in your area you may want to try to find a student to assist you or contact your local legal aid office to find out if you qualify for assistance.

When all options are studied you may need an attorney to assist you.

Just remember, if the company does not have the hours or funds to support your agreement you are out of luck.

Maybe an attorney or two on this site can give you some insight. I suggest contacting legal aid, the local law school or an attorney.

Just be very careful about what goes into the agreement. It can come back and haunt you.

[slonezp]

I don't think the company is going anywhere. My department(refrigeration) has shrunk over the last few years but the hvac and construction sides are doing well. I was told they would move me to hvac if they needed to. The company I was hired at, has been growing leaps and bounds over the last 6 years. My current employer leaves me alone. I do my work and no one bothers me. The new company has quite a following in the industry that they treat their employees well. Up until today I was sure I was leaving. If I can get what I want, I'm going to stay.

[Broke bass fisherman]

A written out statement with the terms agreed upon, and important dates, with the supervisors signature your signature and a witness will give you sufficient evidence in case of a dispute.

You may also look into legal zoom a website that handles simple legal contracts like living wills and such, they might have employment contracts.

[Jake P]

Depends on what you put in the contract in writing.

No handshake aggrements. Parole Evidence Rule will remove that.

You can create a "Written Understanding of Employment" where you outline the agreed upon terms of employment and benefits. In return, you promise to fulfill the agreement. Make sure it has a starting and ending date.

Try to avoid any Noncompete Agreements. Don't mention them.

If you want, you can always contact an attorney and pay him for advice. If there is a law school in your area you may want to try to find a student to assist you or contact your local legal aid office to find out if you qualify for assistance.

When all options are studied you may need an attorney to assist you.

Just remember, if the company does not have the hours or funds to support your agreement you are out of luck.

Maybe an attorney or two on this site can give you some insight. I suggest contacting legal aid, the local law school or an attorney.

Just be very careful about what goes into the agreement. It can come back and haunt you.

Noncompete agreements are ridicolous. I just went through contract negotiations with my employer and they tried to slip this in their and offer me some horrible stock options within the company in return. If the contract is written up make sure it is done by you. If not, read it very very very carefully.

[NoBassPro]

A written out statement with the terms agreed upon, and important dates, with the supervisors signature your signature and a witness will give you sufficient evidence in case of a dispute.

You may also look into legal zoom a website that handles simple legal contracts like living wills and such, they might have employment contracts.

I will also suggest reading your employee handbook if you have one. If you happen to live in an "At-Will" state there will often be a clause stating something like guarantee of hours or duration of employment is only valid if signed by president, ceo, whatever of CO. If that is the case I would recommend getting the proper signatures to ensure the company recognizes its validity. Or at least make it a little easier on you in the case of a dispute.

[GLADES]

How binding are Non Compete agreements? A guy has to earn a living.

[SirSnookalot]

How binding are Non Compete agreements? A guy has to earn a living.

Doesn't mean a guy has to earn a living in the same geographic area or even the same field of endeavor, I believe they are enforceable.

If one is dead serious about having a contact, I'd have a labor attorney do it, an individual will probably not get it right. Once submitted I would assume the companies attorney will look it over and counter it. All that being said, a contract puts a bad taste in a small companies throat, first legal opportunity they have, and you're gone, you're making waves and no company likes that.

I would't tell you to leave or stay, but I would forget the contact, it will bite you in the butt one day, the contact labels you as a trouble maker.

[quanjig]

I think non compete clauses are not valid in right to work states like here in Virginia.

[slonezp]

Doesn't mean a guy has to earn a living in the same geographic area or even the same field of endeavor, I believe they are enforceable.

If one is dead serious about having a contact, I'd have a labor attorney do it, an individual will probably not get it right. Once submitted I would assume the companies attorney will look it over and counter it. All that being said, a contract puts a bad taste in a small companies throat, first legal opportunity they have, and you're gone, you're making waves and no company likes that.

I would't tell you to leave or stay, but I would forget the contact, it will bite you in the butt one day, the contact labels you as a trouble maker.

We have other guys who have their own contracts. I'm not worried being labeled a troublemaker.In my industry,good techs are a dying breed, and being in commercial/industrial refrigeration, there are even less of us. I've never been unemployed and have enough contacts in the industry, that unemployment should, knock on wood, never be an issue.

I spoke with my service manager today and accepted their counter offer. I said "Can I get it in writing?" and his response was "I'd thought you'd say that."

[Fishing Rhino]

I suggest you do not write up the contract. Anything that is ambiguous or unclear will be interpreted in favor of your employer.

That is pretty much the standard by which contract disputes are handled. The person writing the contract has the responsibility to be precise and accurate with regard to what they put in the contract.

I'm not a lawyer, but I do watch Judge Judy and Joe Brown from time to time.

[NoBassPro]

We have other guys who have their own contracts. I'm not worried being labeled a troublemaker.In my industry,good techs are a dying breed, and being in commercial/industrial refrigeration, there are even less of us. I've never been unemployed and have enough contacts in the industry, that unemployment should, knock on wood, never be an issue.

I spoke with my service manager today and accepted their counter offer. I said "Can I get it in writing?" and his response was "I'd thought you'd say that."

Given this, if there is anything you are unsure about I'd suggest spending a couple hundred dollars to have a lawyer review it before signing. Call one or two and see what they want.

[slonezp]

After thinking about it, I will definately hire an attorney to check things out.