Why You Need an Employment Lawyer Before Signing a New Job Contract
5 February 2025
Why You Need an Employment Lawyer Before Signing a New Job Contract
You wouldn’t buy a house without reading the contract, right? Still, people from Australia to Andorra sign job contracts without even knowing what’s in them. It’s easy to assume that everything is fair and square, but that’s not always the case!
There may be hidden provisions which can limit your promotion prospects, cap your salary or even make it difficult just to resign from your job. These and other issues can be easily obscured when they’re buried in legal language. That’s why it can be useful to have an employment attorney review your contract before you sign it.
This article will explain how these professionals can assist you in avoiding some common pitfalls, and in getting the best out of the negotiation process when taking up a new job.
What is an Employment Lawyer?
They are legal professionals who practice in an area of law that covers workplace laws, with their primary focus being on protecting employees. They also advise on job contracts and workplace disputes, and even against unfair policies. It’s their duty to make sure that your contract is reasonable and legal before you sign it. And they’re not just there to help when something goes wrong. They can assist in keeping such issues from ever occurring.
Why You Need Them
Job contracts can be rather simple on the surface, but it’s usually the fine print that reveals the truth. It’s easy to overlook the fact that these contracts are drafted by the employers’ lawyers. Having an attorney on your side can prevent you from signing away your rights, without even knowing it.
Understanding the Fine Print
Contracts can be full of legal jargon that is hard to comprehend. A few phrases may seem harmless enough, but they can impact your career in ways that you might least expect. For example:
- “At the employer’s discretion” may mean they can make changes to your job title, your duties, or even your pay, at any time they choose.
- “Performance-based bonuses” may not actually be guaranteed, or subject to vague or changing circumstances.
By signing the contact, you are legally bound to these terms. Which is why it’s important to have somebody else review your contract for you and explain to you what it means in simple terms.
Protecting Your Future Career
A job contract is not only valid during the period of employment. It can also limit your rights after leaving the company. Some contracts, for example, have non-compete clauses that stop you from working for competitors or setting up a similar business for a certain period of time. But, there are some non-compete clauses that can be unreasonable.
Another thing to be wary of is the way laws regarding such clauses are different from one country to another, and sometimes from one state to another. For example, when accepting job offers in Australia, make sure the employer does not include very strict clauses in the job contract, that do not adhere to the non compete clause Australia rules. An employment lawyer will be able to determine whether or not the terms are legal. They also protect you from signing away your right to work in the future in a way that is unfair.
Unfair Terms and Conditions
Not all contracts are the same. Some employers include clauses that are more beneficial to the employer and limit the rights of the employee. You may end up signing away rights that you did not even know you had, especially when you have no legal background or understanding of employee contracts. For example, unfair contacts may mean:
- Reasonable or unfair notice periods (e.g., you give 6 months’ notice, and they can fire you one week later).
- Employers have the right to include unilateral termination provisions, which allow them to terminate your employment. This without much formality while at the same time making it hard for you to do the same.
- Restrictive confidentiality clauses that may limit your freedom to discuss your experience with the employer after leaving the organisation.
An expert helps to identify the unfair terms and conditions and suggest better ones. A job should be a benefit for both parties – for the employee and the employer.
Get a Better Deal
People think that contracts cannot be discussed or changed once they are signed, but this is not true. Many employers expect candidates to ask for changes. It is only when you ask them that they will consider changing the terms. A professional can help:
- For request of promotion and better benefits.
- To modify unjust clauses based on vague job descriptions.
- Overtime and leaves – Make sure they are treated fairly and are well-defined in the
policy.
Having a legal professional review your contract gives you the courage to ask for what you deserve. If an employer refuses to budge, it might be a red flag about the company culture.
Wrapping Up
Your employment contract isn’t a formality. It determines what you are to receive, how much you are to receive it, and the opportunities you are to have in the future. It is easy to sign away your rights through the fine print or to agree to career-limiting clauses or onerous terms. Make sure an employment lawyer looks at it before you sign. It is well worth spending a little caution now to avoid making some costly mistakes in the future. Protect your career — protect what you are signing.
More career development tools and thought-provokers!
In these trying times, your next big career move may have been forced on you. If so, you might find some helpful tips in our article: Dealing with Job Loss: Survive and Thrive with ‘Plan A’. Or for more career development resources look at our great-value guides. These include some excellent tools to help your personal development plan. The best-value approach is to buy our Personal Development bundle, available from the store.
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