Michigan Employment Agreement - General

State:
Multi-State
Control #:
US-OG-205
Format:
Word; 
Rich Text
Instant download

Description

This form is used when an Employee agrees to be employed by Employer, and the Employer agrees to employ the Employee, for the purpose of performance by and on behalf of Employer services as may be reasonably requested from time to time by the Employer. The agreement contains provisions for compensation, confidentiality, non-competition and breach of contract.

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FAQ

The essential elements of a contract are parties competent to contract, a proper subject matter, legal consideration, mutuality of agreement, and mutuality of obligation.

All employment agreements are legally binding on the employer and, therefore, employers are best served by having them drafted and reviewed by an experienced employment law attorney. Contract law is a particularly complex discipline that relies largely on common law, which is law as developed by judges and court cases.

The employment agreement spells out the rules, rights and responsibilities for both the employer and the employee, and includes any special obligations undertaken that are unique in a specific hiring situation. Additionally, an employment agreement is active throughout the entire tenure of the signing employee.

A standard employment contract contains information related to the employee's job, such as their position, responsibilities, compensation, hours of work, vacation entitlements, workplace policies and so on. It is a binding understanding between the employer and employee that will govern the working relationship.

A contract of employment is a legally binding agreement between you and your employer. A breach of that contract happens when either you or your employer breaks one of the terms, for example your employer doesn't pay your wages, or you don't work the agreed hours. Not all the terms of a contract are written down.

Contracts are illegal when the written content therein causes those involved in the contract to act illegally. The illegality being considered should be directly related to the content of the contract and not to some outlying concept. An illegal contract is not enforceable in a court of law.

In Michigan, employers and employees can enter into employment contracts without using written agreements. As long as one of the parties can prove what the terms of the agreement are, a court may enforce the agreement.

An employment contract doesn't always have to be in writing to be enforceable. While that may be the case, written agreements are certainly easier to enforce and not subject to certain limitations that oral agreements are. Oral agreements are still subject to the requirements of what it takes to form a basic contract.

The agreement can be printed on a letter head of the company, on a plain paper or on a stamp paper. It is not necessary for an employment contracted to be on a stamp paper. It is legally binding even on a letter head.

A contract of employment (or employment contract) is an agreement or term of hire that is extended from an employer to an employee to set the terms and conditions of their employment. While usually a written document, these agreements can also be verbal.

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Michigan Employment Agreement - General