The formation of the relationship of employer and employee by written agreement is generally determined by the usual principles governing the formation of all contracts. The basic elements of any enforceable contract are as follows:
" an agreement;
" between competent parties;
" based upon the genuine assent of the parties;
" supported by consideration;
" made for a lawful objective; and
" in the form required by law.
Louisiana Checklist: Employment Agreements — A Detailed Description An employment agreement is a legal contract between an employer and an employee, outlining the terms and conditions of their relationship. In Louisiana, employers are required to comply with specific laws and regulations when creating employment agreements. The "Louisiana Checklist: Employment Agreements" serves as a comprehensive guide to ensure that employers cover all the essential elements in these contracts. This checklist includes relevant keywords such as: 1. Offer Letter: An initial written offer extended by the employer, specifying the position, compensation, benefits, and start date. It is an essential precursor to the final employment agreement. 2. At-Will Employment: In Louisiana, most employment is "at-will," meaning either the employer or the employee can terminate the employment relationship at any time, with or without cause. Include a clause clarifying this standard if applicable. 3. Duration of Employment: Specify whether the employment agreement is for a fixed term or an indefinite period. If it is for a fixed term, mention the start and end dates. 4. Compensation and Benefits: Outline the employee's salary, bonuses, commission structures, and any other agreed-upon forms of compensation. Include information regarding employee benefits such as health insurance, retirement plans, and vacation or sick leave. 5. Job Duties and Responsibilities: Clearly define the employee's role, including job title, specific responsibilities, and any expectations or performance targets. 6. Non-Disclosure and Confidentiality Agreements: Protect the employer's proprietary information by including clauses that prevent the employee from sharing confidential data, trade secrets, or sensitive business information with third parties. 7. Non-Compete Agreements: Specify whether the employee will be subject to any restrictions on working for a competitor or starting a rival business during or after their employment. 8. Intellectual Property: Detail any rules regarding the ownership or licensing of intellectual property created by the employee during their employment. 9. Termination: Outline the circumstances under which termination may occur, including the procedures for notice, severance, or the right to terminate employment with or without cause. 10. Dispute Resolution: Specify the method for resolving any potential disputes between the employer and employee, such as through mediation, arbitration, or litigation. Types of Louisiana Checklist — Employment Agreements: 1. Full-Time Employment Agreement: A comprehensive agreement for employees working full-time, generally specifying a minimum number of hours and providing benefits and compensation. 2. Part-Time Employment Agreement: Tailored for employees who work fewer hours than full-time employees, with corresponding adjustments in compensation and benefits. 3. Independent Contractor Agreement: This agreement applies to individuals or businesses hired as independent contractors rather than employees. These agreements differ in terms of compensation, taxation, and liability. 4. Temporary or Seasonal Employment Agreement: Designed for short-term employees, often hired to meet specific project needs or handle seasonal demands. Different rules may apply for these agreements. The "Louisiana Checklist: Employment Agreements" serves as a valuable tool for employers to ensure compliance with local regulations and safeguard their interests while maintaining a harmonious employment relationship.
