An employment contract is an essential document for any relationship between an employer and an employee. They help establish clear guidelines and other pertained information about the terms of employment. However, if not drafted correctly, these contracts can be unenforceable. Whether they are determined null and void or voidable, they can turn your business upside down. If you want to ensure your employment contracts are impenetrable, you’ll want to keep reading to learn how a Los Angeles employment contracts attorney can help you.
Voidable vs. Null and Void Employment Contract
When understanding the validity of employment contracts, it’s critical to understand what ways they can be determined to be void.
A null and void contract is unenforceable because the terms of the agreement are inherently invalid. This occurs when the provisions are too broad or include unlawful requests. For example, if you ask a staff member to launder money as part of their job responsibilities, the contract will be rendered null and void.
A voidable contract, however, is legally sound in that all the provisions are fair and valid. However, the agreement can become voidable under certain circumstances. If you hire someone under the age of 18, the contract could be voidable. This is because the provisions are entirely legal, but the person signing the agreement did not have the authority to do so.
What Can Impact the Validity of the Contract?
A voidable contract may be entirely legal at the core. However, it’s the terms under which someone signed it that would then render it voidable. For example, if you tried to sell a signed baseball, but the signature turned out to be that of a different player than the one detailed in the contract, the buyer could legally exit the contract. However, if they still agree to the terms, the contract will be enforceable.
However, a null and void contract can be invalid from its creation due to a number of factors. These include fraud, broad or impossible-to-fill provisions, or a lack of consideration. If this is the case, an employee can legally refuse to complete the terms of their contract, and you would be unable to hold them responsible as the contract would be rendered null and void.
Do I Need an Attorney?
Ensuring you have a lawyer to help draft and review employment contracts is essential to saving you time and money. The last thing you want is to go through the hiring process only to find out your agreement is null and void. Similarly, an attorney can review the document to ensure it is valid, helping you take legal action against an employee if they fail to adhere to the guidelines in the agreement.
Instead, enlisting the help of a competent employment contract attorney can help prevent issues with your documents. The Lee Law Offices can help you navigate these confusing contracts to ensure they are valid and fair for both you and your employees.