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.
Philadelphia, Pennsylvania Checklist — Employment Agreements: An In-depth Overview Introduction: Employment agreements play a crucial role in establishing the terms and conditions between employers and employees. In Philadelphia, Pennsylvania, these agreements are designed to protect the interests of both parties while ensuring compliance with local and federal laws. This detailed checklist provides insights into the various aspects to consider while drafting and reviewing employment agreements in Philadelphia. 1. Philadelphia Employment Agreement Types: a. At-Will Employment Agreement: The most common type of employment agreement in Philadelphia, an at-will agreement allows either the employer or employee to terminate the employment relationship at any time, for any reason, without giving prior notice. b. Fixed-Term Employment Agreement: This type of agreement specifies a predetermined duration for the employment relationship. It can be advantageous when hiring employees for temporary or project-based roles. 2. Checklist for Philadelphia Employment Agreements: a. Job Description: Clearly define the position's duties, responsibilities, and job title. b. Compensation and Benefits: Outline the employee's salary, payment frequency, and any other benefits such as health insurance, retirement plans, etc. c. Work Schedule: Specify the regular working hours, breaks, and days off. d. Leaves and Time-Off: Detail the policies regarding vacation, sick leave, parental leave, and any other types of leave an employee may be entitled to. e. Confidentiality and Non-Disclosure: Lay out provisions to protect sensitive company information and trade secrets. f. Non-Compete and Non-Solicitation: Specify any restrictions on the employee's ability to compete with the employer during and after employment. g. Intellectual Property: Clarify ownership and usage rights concerning intellectual property created during the employment. h. Termination: Clearly state the conditions under which either party can terminate the agreement and the notice period required. i. Dispute Resolution: Provide guidelines for resolving any disputes that may arise, including arbitration or mediation clauses. j. Compliance with Laws: Emphasize compliance with local, state, and federal laws, including Philadelphia-specific regulations. 3. Compliance with Philadelphia Laws and Regulations: a. Philadelphia Fair Criminal Records Screening Standards Ordinance: Ensure compliance with this ordinance that prohibits employers from considering certain criminal records when making hiring decisions. b. Philadelphia Wage Theft Ordinance: Comply with the requirements for providing employees with written notice of their employment terms, rights, and wage rates. c. Philadelphia Paid Sick Leave Ordinance: Outline provisions for granting paid sick leave to employees in accordance with this ordinance. d. Philadelphia Ban the Box Ordinance: Address the restrictions and obligations regarding criminal background inquiries during the hiring process. Conclusion: Creating a comprehensive and legally compliant employment agreement is vital for employers and employees in Philadelphia. By considering the diverse elements covered in this checklist and acknowledging Philadelphia-specific regulations, employers can mitigate risks, establish clear expectations, and ensure a fair employment relationship that benefits all parties involved.
