Employment Agreement Review Attorney

Employment agreements contain provisions that can significantly impact your career and financial future, including non-compete and non-solicitation clauses, arbitration provisions that waive your right to a jury trial, intellectual property assignments that may cover your personal projects, clawback provisions for bonuses and equity, and termination clauses that determine your severance. An attorney identifies risks and negotiates better terms.

Pay close attention to: arbitration clauses (waiving jury trial rights), non-compete and non-solicitation provisions (especially in California where many are void), intellectual property assignment clauses (which may claim ownership of your side projects), at-will language overriding other promises, clawback provisions for bonuses and equity, and choice-of-law clauses that may apply unfavorable state law to your agreement.

Yes. Despite what employers suggest, employment agreements are negotiable. Higher-level employees have more leverage, but all employees can request modifications. Common negotiable items include compensation, equity vesting schedules, severance terms, non-compete scope, IP assignment limitations, and termination protections. An attorney experienced in employment negotiations can advise on what is reasonable to request.

An arbitration clause requires disputes to be resolved through private arbitration rather than court. This typically means no jury, limited discovery, no public record, and potentially an arbitrator sympathetic to employers. California has limited enforceability of mandatory arbitration under AB 51 (though it has faced legal challenges). In New York, courts generally enforce arbitration clauses. An attorney can advise whether to accept or negotiate removal of arbitration provisions.