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.
Virginia Checklist — Employment Agreements: An employment agreement is a legally binding document that establishes the terms and conditions between an employer and an employee. In Virginia, employment agreements govern the rights and responsibilities of both parties in the employment relationship, and it is important for employers and employees to familiarize themselves with the various aspects of these agreements. Here is a detailed checklist of essential components that should be considered when creating or reviewing an employment agreement in Virginia: 1. Job Description: Clearly define the job title, duties, and responsibilities of the employee. 2. Compensation and Benefits: Specify the employee's salary, wages, or hourly rate, as well as any additional benefits, incentives, or bonuses. 3. Work Schedule: Clearly specify the employee's working hours, including any provisions for overtime, breaks, and time off. 4. Non-Disclosure and Confidentiality Agreement: Include a clause that protects the employer's confidential information and trade secrets. 5. Non-Compete Agreement: Address any restrictions on the employee's ability to work for competitors or start a competing business after termination of employment. 6. Intellectual Property Rights: Detail who holds ownership of any intellectual property or inventions created by the employee during the course of employment. 7. Termination and Severance: Explain the grounds and procedures for termination, including any notice requirements, severance pay, or provisions for resignation. 8. Arbitration or Mediation Clause: Consider including a dispute resolution clause that outlines the process for resolving any conflicts outside of court. 9. Non-Solicitation Agreement: Address restrictions on the employee's ability to recruit clients, customers, or other employees of the company after termination. 10. Governing Law: Specify that the employment agreement is subject to Virginia state laws. Different types of Virginia Checklist — Employment Agreements that may exist include: 1. Full-time Employment Agreements: These agreements establish the terms and conditions for regular, full-time employment with a specific employer. 2. Part-time Employment Agreements: These agreements outline the terms and conditions for employees working less than full-time, typically on a fixed schedule. 3. Independent Contractor Agreements: These agreements establish the rights and responsibilities when hiring an independent contractor, rather than an employee. 4. Temporary Employment Agreements: These agreements are used when employing someone for a fixed period or specific project. By following this checklist and carefully crafting an employment agreement in Virginia, employers and employees can ensure a clear understanding of their roles, responsibilities, and rights, which ultimately helps foster a positive and productive working relationship.
