“Better Get It In Writing.”
// Dallas, Texas, United States // Attorney Keith Clouse (Blog) // Keith Clouse
“Better get it in writing,” rings true for any legally binding agreement—especially employment agreements. Unfortunately, an executive might be asked to sign a written agreement that includes some, but not all, of the negotiated terms. The executive may be told that he can rely on the employer’s oral promises for the remaining terms.
But, many written agreements provide that the document reflects the final and complete understanding between the parties. Such a provision almost guarantees that a related promise not incorporated into the document will not be considered legally binding. Even without such a provision, however, it can be difficult to prove the existence of an oral, side agreement when the parties executed a (seemingly complete) written agreement.
That’s why an executive should make sure that any subject of negotiation is reflected in the written employment agreement. There should be no “side deals.” The executive should also make sure that the agreement contains the exact terms agreed upon; under no circumstances should the executive sign an agreement that contains terms contrary to the parties’ actual agreement. For example, if the parties agree that the executive will receive a yearly raise of five percent, the executive should not sign an agreement stating that raises will be “commensurate with performance.”
To discuss an employment contract with an employment law attorney, contact an employment lawyer in your area. This article is presented by the employment law attorneys at Clouse Dunn LLP. For inquiries, send an email to debra@clousedunn.com or call (214) 239-2705.
Contact Keith Clouse
KEITH A. CLOUSE
Clouse Dunn LLP
214.220.2722 214.220.3833 ( fax) keith@clousedunn.com
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