Employment Contracts

Employment Contract Lawyers

Ensuring the success of your business is your livelihood and motivation. One of the most important ways to ensure its success is by hiring employees who create an atmosphere in which your business can thrive.

We know that your employees are one of the most important assets of your business. During the normal course of operations, your employees may come into contact with trade secrets or vital confidential information used to stay ahead of the competition. Our Albuquerque business law firm can ensure you have measures in place to legally protect this information, as well as prevent unfair competition, transfer of copyrights, or other harms to your business from existing or former employees.

Examples of Employment Law Contracts for Your Business

Our business law firm understands the ways that contract law principles can be utilized to properly define your relationship with your W2- and 1099-based employees. We can use that knowledge to provide you with solid advice for all types of employment law contracts, including:

Employment Agreements / Independent Contractor Agreements

These contracts govern binding terms of employment, including: working hours, terms, expectations and termination procedures. Keep in mind that by agreeing to the terms of this contract, you will likely be negating at-will terms of employment that New Mexico generally assumes. If requested, we can attempt to seek ways to keep the at-will agreement intact while outlining job procedures and expectations.

Such contracts are an absolute must for your 1099-based employees, because they help ensure the copyrights of the work product produced by such employees remain in the ownership of the company. Such contracts also help protect the company against claims of unpaid benefits, as well as to help prove a 1099-based, not a W2-based, employment relationship was in effect (warning: such a contract, by itself, does not establish 1099 versus W2 employment — contact us to learn more).

Non-Compete / Non-Solicitation Agreements

After employment is terminated by either party, your former employee may choose to work at another business or go out on their own. Protect your business with a non-compete agreement by making it a contractual obligation that they are not allowed to go into competition with you for some period after employment is terminated. Such restriction agreements must be drafted with care, otherwise it could be challenged.

Non-Disclosure / Confidentiality Agreements

If a former employee chooses employment with a competitor, your former employee may decide to share trade secrets or information concerning your business with their new employers. If the former employee decides to start her own business in the same field, she may attempt to take client lists or use the information gained while employed with you to be in direct competition with your business. A non-disclosure or confidentiality agreement may legally bar her from doing this.

One powerful tool in a company’s arsenal that is often overlooked, is trade secret law. If your company has important recipes, formulas, customer lists or other unique sets of information, you owe it to yourself to learn about trade secret law and make sure ALL employees sign contracts agreeing to treat the company’s trade secret information securely and confidentially. Not only does trade secret misappropriation give your company a cause of action against the one who stole your trade secret information (i.e. employee), but you can go after the one who uses such information (i.e. your ex-employee’s new employer, the competition).

If these contracts are breached at any time, by any party, our employment law and contract lawyers can defend you in or out of court. Contact us today to learn more about Employment Agreements, Independent Contractor Agreements, Non-Compete and much more.