It is commonplace nowadays that employers require employees to sign employment contracts. The employment contract can be advantageous to you as an employee if it properly defines the employment relationship and the clauses in it are drafted fairly.
We can provide advice on the employment agreement and ensure that it properly reflects the terms of your employment covering the following areas:
For Legal Advice on Employment Agreements:
It is critical to seek legal advice before you sign to ensure that you are entering to an arrangement that is fair and certainly one which you understand. Many employees come to us after they have signed employment contracts, only to find that had they understood what they were agreeing to, they would ever have done so.
Further to this we can advise on other employment disputes and agreement:
If you are being terminated or resigning from your employment you should ensure that you understand your rights and make sure the severance package encompasses all of your entitlements. We assist where there has been systemic underpayment of salaries or disputes over bonuses and we negotiate on your behalf that you will receive what is due to you.
We can provide advice on your intellectual property rights and restraint of trade upon leaving a role to ensure that you are not open any claims by your former employer. Even if you do not have an employment agreement in place there are certain causes of action a former employer may have against you if you infringe their rights eg intellectual property rights etc. Understanding your obligations is important when changing employment in the same industry.
If you need advice in relation to an employment contracts before signing it or if you have signed one already and are looking to leave, one of our employment lawyers would be happy to speak to you. Please contact us on 1300 907 335 or complete the form on this page.
This usually depends upon what you have promised to your employer. If you do not have an employment contract, it will typically be that you have no restriction whatsoever. Nevertheless, this does not entitle you, as a general rule, to remove confidential information from the employer’s business. Confidential information, a common law, as a broad definition and almost certainly includes a client database.
If you do have an employment contract, there will usually be specific provisions that deal with what you might do after you finish up. These may be restrictions relation to the type of competitor that term that you go to work for, about starting a business or poach employees, for instance.
Not all restraint of trade clauses are enforceable. Sometimes, they are too broadly drafted, or incorrectly drafted, having the effect of rendering the clause either partially enforceable or wholly unenforceable.
If you are wondering whether provisions in your employment contract are enforceable against you, thereby restricting you from certain activities, we are well experienced in providing advice to former employees in such circumstances.
It is common for employers who consider that there has been a breach of an employment contract, for an employer to instruct lawyers to send a letter of demand making strong allegations against the former employee.
If your employer is making these types of allegations against you and you have been served with a letter of demand for a previous employer, it is critical that you seek legal advice from a lawyer experienced in dealing with employment disputes as soon possible. Employers will quite often commence legal proceedings quickly if the correspondence is ignored.
You may consider that that allegations are baseless – and they quite often are – but a response refuting those claims is still very important.
Even if you do think that you may be have contravened the terms of employment the damage can often be contained with savvy legal advice. Our lawyers are experienced in negotiating and settling all types of employment disputes.
We can be contacted on 1300 907 335 to discuss your circumstances. Otherwise, please complete the enquiry form on this page.
We can also assist you in pursing your claim against an employer for such things as:
We act for clients in bringing claims for unfair dismissal, general protection claims, constructive dismissal claims and under payment claims, unfair dismissal, sexual harassment and bullying claims and more.
There are often strict time frames for bringing a claim. If you are considering doing so, we strongly advise that you seek legal advice early on.
Our lawyers can assist you in preparing and representing you at Fair Work and we have successfully helped many employees receive considerable compensation at Fair Work. Employment disputes are often stressful, and our lawyers work with you and know the process and requirements. Our lawyers have represented many employees and delivered great results for our clients that typically they cannot achieve if they were unrepresented.
Wish to acknowledge the services of PCL Lawyers.
Lucy Evans was a beacon of hope to my wife & I at a time when my options appeared limited & the likelihood of a satisfactory outcome seemed almost impossible.
I also wish to recognise the support I received from Murphy Hawkins. Murphy’s calm & empathetic demeanour provided me with hope & reduced the emotional stress I had been subjected to from my previous employer.
In addition, Murphy was easy to deal with, completely professional & highly knowledgeable.
I am eternally grateful for Lucy’s & Murphy’s services & I would highly recommend PCL Lawyers to anyone facing difficulties in the work place.
I’ve had the pleasure to be assisted by Marilyn Wai the Senior Associate at PCL Lawyers and she has been nothing but amazing. She is thorough in her work, detailed in her responses and punctual in all her communication. Her service is second to none and I could not have asked for anyone better to oversee my cases. I was very well looked after by the entire team at PCL Lawyers when Marilyn was away. Every correspondence was transparent and easy to understand. The overall process was an absolute breeze. There is no doubt in my mind I will return for their business should I require any future assistance.
We hired Marilyn to assist with some shareholder changes. Very happy with her professionalism and advice. Would hire again. Thanks for your help!
I had nothing but great service using PCL Lawyers I used Marilyn Wai as my solicitor. Her attention to detail and efficiency was outstanding. I was always kept up to date with everything and was well looked after. A+++++ service. Highly recommend I will be using Marilyn for all my future legal matters Thanks again Marilyn Regards Adam
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