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.
Oklahoma Checklist — Employment Agreements: A Comprehensive Guide to Employment Contracts in Oklahoma In the state of Oklahoma, employment agreements play a crucial role in establishing a clear understanding between employers and employees. It is imperative for both parties to review and understand the terms and conditions outlined in these agreements to avoid any future disputes or confusion. This detailed checklist aims to provide a comprehensive overview of what to include in Oklahoma employment agreements, ensuring compliance with state laws and protecting the rights of both employers and employees. 1. Offer Letter: The employment agreement should generally start with a formal offer letter that outlines the basic terms of employment, such as job title, start date, compensation, and work schedule. 2. Job Description and Duties: Clearly define the employee's role, responsibilities, and expectations. This section covers the nature of the job, reporting lines, hierarchy, and any specific performance criteria. 3. Compensation and Benefits: Specify in detail the employee's salary, wages, or hourly pay rate. Additionally, outline provisions related to additional compensation like bonuses, commissions, and overtime. Information about benefits packages, such as health insurance, retirement plans, vacation days, sick leave, and other fringe benefits, should also be included. 4. Duration and Termination: Oklahoma employment agreements should state whether the employment relationship is at-will or contract-based. In the case of at-will employment, either party can terminate the agreement with or without cause, during or after a specified probationary period. For contract-based agreements, clearly outline the duration of employment and the conditions required for termination. 5. Non-Disclosure and Non-Compete Clauses: These clauses protect employers' interests by preventing employees from disclosing sensitive information or competing with the employer's business for a specific duration, both during and after employment. Note that non-compete agreements in Oklahoma must be reasonable in scope, duration, and geographical area to be enforceable. 6. Intellectual Property Rights: Specify who owns intellectual property created during employment. This includes inventions, patents, copyrights, trade secrets, or other forms of intellectual property that the employee may produce while working for the company. 7. Confidentiality and Trade Secrets: Clearly define what constitutes confidential information and establish guidelines for its protection. This section should outline the employee's obligations to maintain the confidentiality of sensitive information, proprietary knowledge, and trade secrets belonging to the employer. 8. Dispute Resolution: Specify how any potential disputes arising between the employer and employee will be resolved. It may include provisions for mediation, arbitration, or litigation, and indicate the jurisdiction where disputes will be resolved. Types of Oklahoma Employment Agreements: 1. Full-Time Employment Agreement: Typically used for regular, full-time employment positions, this agreement covers all aspects of the employment relationship as outlined in the checklist above. 2. Part-Time Employment Agreement: Designed for employees working fewer hours compared to full-time employees, this agreement will reflect the specific terms and conditions applicable to part-time employment arrangements. 3. Contract Employee Agreement: If an employer hires someone for a fixed period or specific project, a contract employee agreement is used, encompassing temporary or contractor positions. Remember, employment agreements can have additional clauses or terms specific to industries or organizations. It is recommended to seek legal advice when creating or reviewing employment agreements to ensure compliance with Oklahoma labor laws and protect the rights and interests of both parties involved.
