Starting a new job is an exciting time, filled with new opportunities and responsibilities. But before you dive into your role, it’s crucial to carefully review the onboarding paperwork your employer provides. While you might be eager to get started, signing documents without understanding their implications could lead to misunderstandings—or worse, waive important legal rights.
As a plaintiff’s employment lawyer in Texas, I’ve seen firsthand how onboarding paperwork can affect employees in the long run. Here are key things you should be looking for, and questions to ask, when going through your onboarding documents.
1. Offer Letter or Employment Agreement
The offer letter or employment agreement sets the tone for your employment relationship and gives you a basis for any discussions regarding your terms and conditions of employment in the future. It should clearly outline:
– Job Title and Responsibilities: Make sure your job description aligns with the role you discussed during the interview process. If your duties are vague, it could lead to confusion or additional responsibilities you weren’t expecting. To the extend you can, also get your employer’s expectations and metrics they will use to measure your success in your role down in writing so its more clear when performance evaluations come around.
– Salary and Compensation: Verify that your salary, bonuses, and any commission structures are clearly spelled out. Ensure the frequency of payment (weekly, biweekly, monthly) is also defined. If your role comes with bonuses or commissions, make sure the metric by which those payments will be calculated and when they are considered earned is also spelled out to alleviate any confusion about how much and when you will get those payments.
– Start Date: Double-check that the start date listed aligns with your expectations.
If the offer letter refers to an employment agreement, read it carefully. Employment agreements often include additional terms about your employment, such as probation periods, termination clauses, and the ability of either party to modify the terms. Pay close attention to clauses that discuss “at-will” employment, which allows either you or your employer to terminate the relationship at any time for any lawful reason.
2. Non-Compete, Non-Solicitation, and Confidentiality Agreements
Employers often include agreements that restrict your behavior both during and after your employment. You should review these agreements carefully:
– Non-Compete Agreements: These limit your ability to work for competitors for a certain time period after you leave the company. In Texas, non-compete agreements are enforceable only if they are reasonable in scope, geography, and duration. If the restrictions seem overly broad, consider negotiating or seeking legal advice. These agreements can survive indefinitely so it is important to understand the situation you’ll be left in if you are leaving the current employer for any reason in the future.
– Non-Solicitation Agreements: These prevent you from soliciting your former employer’s clients, employees, or business partners after you leave. This can significantly affect your future job prospects if you work in a specialized field.
– Confidentiality Agreements: These require you to keep proprietary company information secret. Be sure to understand what information the company considers confidential and the duration of this obligation.
– Arbitration Agreements: Many employers now include arbitration agreements in their onboarding paperwork. By signing an arbitration agreement, you agree to settle any legal disputes through private arbitration rather than in court.
While arbitration can sometimes be faster, cheaper and less formal than litigation, it can also be less favorable to employees. Arbitration is typically confidential, allowing an employer to keep their bad acts hidden. There are also procedural considerations, for instance, the rules of evidence and procedure are often more relaxed, which could affect the fairness of the process. If you’re presented with an arbitration agreement, consider seeking legal advice before signing.
Conclusion
Your onboarding paperwork is more than just a formality—it can shape your entire employment experience and affect your legal rights. Before signing anything, take the time to review all documents carefully. If any terms seem unclear or unfair, consider seeking clarification or legal advice.
If you have any concerns about your rights or the documents you’ve been asked to sign, don’t hesitate to reach out to one of our knowledgeable employment attorneys who can help you protect your interests.