The employer has an attorney. You should too.
California Employment Contract Lawyer
You’ve been offered a position and there’s a contract on the table. Before you sign, make sure you understand every term in that agreement and what it means for your future.
An employment contract is not a formality. Every term in that document was drafted with the employer’s interests in mind. The scope of your role, your pay, the duration of your employment, how the relationship can be terminated, and what happens after you leave. All of it is spelled out in language that was written by someone working for the other side.
That doesn’t mean the terms aren’t fair. It means you deserve someone on your side who can read it, explain it, and tell you honestly whether what you’re agreeing to is reasonable and whether there’s anything worth pushing back on before you sign.
In California, employees have strong protections under the law. But understanding how those protections interact with the specific terms of your agreement, and what you may be giving up by signing without a review, is something an employment attorney is in the best position to help you with.
Why Representation Matters Before You Sign
When an employer presents you with an employment contract, that document didn’t write itself. An attorney drafted it. Every term, every clause, and every provision was reviewed by someone whose job was to protect the employer’s interests.
What that means for you is that sitting across the table from a contract drafted by the other side’s attorney, without your own representation, is not an equal playing field. You may not recognize the language that limits your rights. You may not know which terms are standard and which are worth pushing back on. And you may not realize what you’re giving up until long after you’ve signed.
The employer came to the table with legal representation. Having an employment attorney review your contract before you sign puts you in the same position, with someone in your corner who understands what the terms mean, what California law requires, and whether what’s being offered is fair.
Who Needs an Employment Contract Review
Not every employment relationship comes with a written contract, but when one is on the table, having it reviewed before signing is always the right move. Here are the situations we see most often.
Executives and high level employees. Employment contracts for senior level positions often include specific terms around pay, job duties, duration, and termination clauses. The stakes are higher at this level, and so is the importance of understanding exactly what you’re agreeing to.
Employees with commission agreements. Commission agreements need to comply with the California Labor Code. An agreement that isn’t structured correctly may not hold up, and understanding what you’re entitled to under that agreement before you start earning is important.
Independent contractors. If you’re being brought on as an independent contractor, having that contract reviewed helps ensure the terms are fair, that the classification is accurate, and that you understand your rights and responsibilities under the agreement.
Anyone being asked to sign something they don’t fully understand. An employment contract doesn’t have to be lengthy or complex to warrant a review. If there’s language in an agreement you’re not sure about, that’s reason enough to have someone take a look before you commit to it.
What to Look for in an Employment Contract
Scope of Employment
Your job duties and responsibilities should be clearly defined in the agreement. Vague or overly broad language around scope can create problems down the road.
Duration and Term
Some contracts are for a specific term while others are open ended. Understanding how long the agreement covers and what happens at the end of that term is important before signing.
Compensation and Pay
Your salary, commission structure, bonuses, and any other compensation should be clearly spelled out and compliant with California law.
Termination Clauses
How the employment relationship can be ended, by either party, and under what circumstances, should be explicitly stated in the agreement. Vague termination language can leave an employee vulnerable.
Non-Compete Clauses
Non-compete agreements are invalid and unenforceable in California. An employment contract that includes one may signal other terms worth examining closely.
Notice Requirements
Many contracts include specific notice requirements for either party before ending the employment relationship. Understanding what those requirements are protects you if the relationship ends unexpectedly.
Non-Compete Clauses in California
Non-compete clauses are one of the most misunderstood provisions in employment contracts, and one of the most important things to understand before you sign.
A non-compete clause says that an employee can’t compete with their employer after the employment relationship ends. In many states, these clauses are enforceable. In California, they are not. Non-compete agreements are invalid and unenforceable under California law, meaning an employer cannot legally prevent you from working in your field, starting a competing business, or taking your skills to another employer after you leave.
That matters because employees who don’t know this sometimes make career decisions based on a clause that has no legal weight behind it. They turn down opportunities, avoid industries, or stay in situations they’d otherwise leave because they believe a non-compete is binding when it isn’t.
If you’ve been presented with an employment contract that includes a non-compete clause, that’s one of the first things we look at. And if you’ve already signed an agreement with one and have questions about what it means for your next career move, that’s exactly the kind of question an employment attorney can answer.
“If the employee wants to make sure that the terms are fair and reasonable, they need to have an attorney on their side.”
-Nancyrose Hernandez
How We Can Help You Move Forward
When someone comes into our office with an employment contract, we start by reading it carefully and listening to the full picture of what’s being offered. Not just what the document says, but what the role looks like, what the expectations are, and whether the terms on paper reflect what was discussed in the hiring process.
An employment contract review isn’t just about identifying problematic language. It’s about making sure you fully understand what you’re agreeing to, what you’re entitled to under California law, and whether the terms are fair to both sides. We want you to walk away from that conversation knowing exactly what you signed and why.
If there are terms worth negotiating, we can help with that too. An employer who has legal representation at the table already has an advantage. Having an employment attorney on your side levels that playing field and helps make sure the agreement you sign is one that actually works in your favor.
Nancyrose Hernandez concentrates her practice in employment law because she believes employees deserve to enter into employment relationships with full information and equal representation. A contract review is one of the most proactive things an employee can do to protect their career and their future.
Attorney client communications are confidential from the moment you reach out, even at the consultation stage. What you share with us stays with us.
Frequently Asked Questions
You’re not required to have an attorney review an employment contract before signing, but having one is strongly recommended. The employer’s attorney drafted that agreement. Having your own attorney review it is the only way to make sure you fully understand what you’re agreeing to and that the terms are fair before you commit to them.
No. Non-compete agreements are invalid and unenforceable under California law. An employer cannot legally prevent you from working in your field or taking your skills to another employer after you leave. If you’ve been presented with a contract that includes a non-compete clause, that’s something an employment attorney should look at before you sign.
The most important things to understand are the scope of your role, your compensation structure, the duration of the agreement, termination clauses, and any notice requirements. Commission agreements also need to comply with the California Labor Code, so if your compensation includes commissions, having those terms reviewed is especially important.
As early as possible. Bringing in an attorney before you sign gives you the most options and the clearest picture of what you’re agreeing to. An attorney can also help with negotiation if there are terms worth pushing back on before the agreement is finalized.
We read the agreement carefully, listen to the full picture of what’s being offered, and give you an honest assessment of whether the terms are fair and compliant with California law. Reach out to our office directly to discuss the contract review process and what it looks like for your situation.
What Happened to You Deserves a Closer Look.
An employment contract is one of the most important documents you’ll sign in your professional life. You deserve to understand every word of it before you do.
You have rights under California law. You have someone who will listen. And you have more options than you might realize right now.
Reach out today. We’re here to help.