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.
Cuyahoga Ohio Checklist — Employment Agreements: A Comprehensive Guide to Employment Agreements in Cuyahoga County, Ohio Introduction: Employment agreements play a pivotal role in establishing the rights and obligations of both employers and employees in Cuyahoga County, Ohio. This checklist aims to provide a detailed overview of the essential components to include when drafting or reviewing an employment agreement within the jurisdiction of Cuyahoga County. Here, we will discuss the important factors to consider, provide relevant keywords, and shed light on different types of employment agreements. 1. Definitions and General Clauses: Ensure clarity by including definitions for key terms such as "employee," "employer," and "termination." Use relevant keywords such as "employment agreement," "Cuyahoga County," "employment contract," etc. 2. Job Description and Duties: Clearly outline the employee's job responsibilities, objectives, and expectations. Use relevant keywords like "job description," "job duties," "employee's role," etc. 3. Compensation and Benefits: Specify the employee's salary, payment frequency, overtime provisions, and any additional benefits like health insurance, retirement plans, or stock options. Include keywords such as "compensation," "benefits package," "salary," "overtime pay," etc. 4. Confidentiality and Non-Disclosure: Protect sensitive business information by including clauses related to confidentiality and non-disclosure. Keywords to include are "trade secrets," "confidential information," "non-disclosure agreement," etc. 5. Intellectual Property: Determine ownership and usage rights for any intellectual property created during the employment period. Use keywords such as "intellectual property," "copyright," "patent rights," "inventions," etc. 6. Non-Compete and Non-Solicitation: Include provisions that restrict employees from competing with the company or soliciting clients and colleagues after termination. Use relevant keywords such as "non-compete agreement," "non-solicitation clause," "post-employment restrictions," etc. 7. Termination and Severance: Specify the conditions under which either party can terminate the agreement, along with details regarding severance payments or notice periods. Keywords to consider are "termination clause," "notice period," "severance package," etc. 8. Dispute Resolution and Governing Law: Outline the process for resolving disputes and specify that the agreement will be governed by the laws of Cuyahoga County, Ohio. Include keywords such as "dispute resolution," "mediation," "arbitration," "choice of law clause," etc. Types of Cuyahoga Ohio Checklist — Employment Agreements: 1. Full-Time Employment Agreement: Covers employment on a full-time basis with standard working hours, benefits, and job responsibilities. 2. Part-Time Employment Agreement: Addresses the rights and responsibilities of employees working on a part-time basis, such as flexible hours or reduced benefits. 3. Fixed-Term or Temporary Employment Agreement: Applies when employment is for a specific duration, and specific clauses govern termination and renewal options. 4. Executive Employment Agreement: Designed for high-level employees, includes additional provisions related to compensation, share options, and non-compete agreements. It is crucial to consult an employment lawyer or HR professional familiar with Cuyahoga County's specific laws and regulations while drafting or reviewing employment agreements to ensure compliance and protection for both parties involved.
