With all the job-hopping going on, Vaziri Law LLC has seen an uptick in the number of Chicago area businesses who need assistance drafting employment contracts, and potential employees who would like advice on the job offers they are receiving. Our experienced employment law team is happy to be of help.
Below are four things we look for in a job offer or employment contract when we are counseling a Chicago area employer or employee.
1. Is it in Writing?
The days of handshake agreements are long gone. Job offers should be put in writing, and accepted in writing so both the employer and the employee know exactly where their relationship stands.
2. Does the Formal Offer Match What Was Said During the Interview?
During the hiring process, most employers do everything they can to make their company and the job they are trying to fill look good. Although there is nothing wrong with showcasing a business’s perks, the job that is ultimately offered should be the job discussed during the hiring process.
The written job offer should include a description of the role being filled. And that description should match what was discussed during the interview. The salary and title are the big things people usually look at, but it is also important to look at the job responsibilities, benefits, vacation and other leave, and anything else that was specifically discussed during the hiring process.
An issue that is coming up a lot more frequently post-pandemic is the availability of remote work. The job offer or contract should clearly state if the position is remote, hybrid, or full-time in office.
3. How are Disputes Resolved?
One way Chicago area employers can attempt to limit their liability risk is by mandating that employment disputes go to arbitration. This is not unusual or a sign that the company has some sort of sinister intent. But it is something employees need to be mindful of.
Agreeing to arbitrate means agreeing to give up your right to go to court. Any disputes will be resolved by a private party, and cannot be appealed. The whole process is usually kept confidential, and you may be prevented from talking about what happens in your case.
4. Will the Employee Be Able to Get Another Job?
Few people are focused on the job they will have after the one they are currently interviewing for, but some employers are thinking that far ahead during the hiring process. Some employers include non-compete and non-solicit policies in their employment contracts and job offers.
A non-compete policy prevents an employee from working for a competitor for a certain period of time, and typically within a certain geographic area, after leaving their current position. A non-solicit clause forbids an employee from persuading clients, customers, or fellow employees to leave with them when they take a new job.
Illinois law puts some restrictions on both of these policies since they can limit a person’s ability to earn a living, or trap them in a bad job. It is therefore important for employees to carefully draft any policies they feel are necessary. Employees must consider whether they want to work for an employer who has one or both of these policies in place.
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Chicago area employers and employees should not hesitate to seek legal counsel when they are negotiating a job offer or executing an employment contract. It is important for both parties to be on the same page, and understand what their relationship will entail going forward. Vaziri Law LLC is ready to advise both employers and employees in this hot job market. Please contact us today to schedule a meeting.