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The answer is generally yes, because it is difficult for the employee to avoid the conclusion that he or she accepted that he or she would be bound by it irrespective whether it was signed.
Wisconsin has a statute, Section 103.465, that addresses non-compete agreements and provides that if the non-compete agreement is reasonably necessary to protect the employer and is reasonable in geographic scope and reasonable in time limitation, it will be enforceable.
What to include in an employment contractName and address of employer and employee.Start date.Date contract will apply from.Continuous services date.When the contract is expected to end if temporary or fixed term.Job title or a brief description of duties.Place of work.Requirement to work overseas.More items...?
An employment contract typically includes the following elements:Duration of employment, if applicable.Salary or wages.General job responsibilities.Work schedule.Benefits.Confidentiality.Non-compete agreement.Severance pay, if applicable.More items...?
These include the offer, performance, terms, conditions, obligations, payment terms, liability, and default or breach of the contract.
Specific Contract Terms To IncludeIdentification: The parties must be identified completely, including full name, address, and other information. Effective date: The effective date is the date both parties have signed. Pay and benefits: Give details of pay rate, pay dates, and benefits provided by the company.
The title of the job or the nature of the work. The date the employment started. Pay intervals (for example, weekly or monthly). Any terms or conditions relating to hours of work (including overtime).
To summarise although it is always good practice to ensure a contract of employment is signed to avoid doubt. Contracts can usually be enforced even if it is not signed by the employee.
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.