Employment contracts, if properly written and enforced, may vitally protect an employer or an employee from unecessary controversies including litigation. The language included in an employment contract will have a profound effect upon an employee's terms and conditions of employment, discipline and termination, among other material things. Often times, the language in an employment contract is sufficiently vague or ambiguous to be subject to more than one reasonable legal interpretation, which may ultimately lead to a legal dispute. Employees and employers alike are well-advised to have all employment contracts reviewed by experienced employment law attorney prior to execution. The same applies to Releases or Settlement Agreements drafted upon or in contemplation of a termination or end of employment.
An issue that frequently arises is whether an employee is legally subject to termination in light of language included in his/her employment contract. If the employer is unable to conform to the employment contract in instituting discipline or termination, a claim for breach of employment contract against the employer may be viable. It is therefore critical that the employment contract itself is well written in order to address and avoid any unnecessary problems for both the employer and employee.
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