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.
Maine Checklist — Employment Agreements: A Comprehensive Guide When it comes to hiring new employees in Maine, having a solid employment agreement in place is crucial for both employers and employees. This detailed checklist aims to provide guidance on the essential elements to include in an employment agreement specific to the state of Maine. By utilizing this checklist, employers can ensure that all legal requirements are met, while employees can have a clear understanding of their rights and responsibilities in the workplace. 1. Introductory Information: — Include the names and addresses of both the employer and employee. — State the date on which the agreement is made. 2. Position and Duties: — Clearly define the employee's job title and primary responsibilities. — Specify whether the position is full-time, part-time, or temporary. — Outline the employee's reporting structure and whom they will be directly responsible to. — Highlight any additional duties or expectations associated with the role. 3. Compensation and Benefits: — Specify the employee's salary or rate of pay, including frequency (monthly, bi-weekly, etc.). — Explain any additional compensation structures such as commissions, bonuses, or profit-sharing. — Outline the employee's benefits package, including health insurance, retirement plans, vacation time, sick leave, and any other applicable perks. 4. Employment Duration and Termination: — State whether the employment agreement is for a fixed term or at-will. — Define the notice period required by both the employee and employer in case of termination. — Include any non-compete, non-disclosure, or confidentiality clauses if relevant to the position. — Outline the grounds for termination, such as misconduct, poor performance, or violation of company policies. 5. Policies and Procedures: — Provide a comprehensive overview of the company's policies and procedures, referring to an attached employee handbook if necessary. — Include information on workplace conduct, dress code, attendance and punctuality, and any other relevant policies. 6. Intellectual Property and Confidentiality: — Clearly state the ownership of intellectual property, specifying whether it belongs to the employer or is jointly owned. — Include clauses to protect the confidentiality of proprietary information, trade secrets, and client/customer data. 7. Dispute Resolution: — Specify the preferred method of dispute resolution, such as mediation or arbitration, should any conflicts arise. — Indicate the jurisdiction and venue for resolving legal matters. 8. Severability and Entire Agreement: — Include a clause stating that if any provision of the agreement is deemed unenforceable, it will not affect the validity of the remaining provisions. — Highlight that the employment agreement constitutes the entire understanding between the parties, superseding any prior agreements or negotiations. Types of Maine Employment Agreements: — Full-time EmploymenAgreementen— - Part-time Employment Agreement — Temporary EmploymenAgreementen— - Seasonal Employment Agreement — Independent Contractor Agreement (if applicable) Note: It is crucial to consult with a qualified employment attorney to ensure compliance with local and state laws when preparing employment agreements specific to Maine. This checklist serves as a valuable starting point for understanding the key elements to consider, but it is not exhaustive and should not be considered legal advice.
