Today, we have a guest post by Hayley Spencer, a freelance writer and attorney, on behalf of Martindale.com. She enjoys writing articles on contract law, law careers, and employment agreements.
Got a Job Offer? Now What? Engineers and Architects: Think Before You Sign!
Architects & Engineers are not immune from employment agreements. Those who go to work for a larger companies, especially, may be required to sign a contract of employment. This form may be standard and identical for each employee, or each employee may have a contract with the employer that applies solely to him or her. Alternatively, there may simply be an oral contract about the type of work the employee will perform, benefits to be provided, and bonuses which are applicable. If there is no oral or written form of agreement, the behavior of the professional parties involved can be identified as an implied employment contract. Some relationships may be that of a traditional employer and employee, while others may be set up as some type of an independent contract. Regardless of the specific details, it is always wise to have a qualified attorney review all such agreements before you sign them.
Why Do Engineers and Architects Need Employment Agreements?
Barring terms and policies that are actually illegal, anything and everything can be integrated into these types of agreement. Nonetheless, for engineers and architects, the law provides several safeguards regarding what can and cannot be negotiated upon as terms of employment. Furthermore, due to the gradual decrease in unemployment rates, employers have had to propose contracts for transitory workers loaded with language to safeguard them as much as possible. The sheer volume of potential variation, therefore, makes written contracts wise.
What Should You Consider Before Signing an Employment Agreement?
There are several particularly important regulations and policies of which you should be aware before signing any type of employment agreement.
First, is there a probationary period? Professionals do not just utilize probationary periods to analyze their new recruit’s fit. Setting a probationary time frame enables them to dismiss for purposes that would otherwise be inconsistent or inadequate.
Second, are oral offerings included in the contract? As with any relationship, optimistic forecasts of the future are common at the beginning of a work relationship. Nonetheless, your attorney can guide you through a list of solutions for engineers, architects and other specialists if employers’ pre-employment expressions were created negligently or if promises did not materialize.
What Common Aspects of an Employment Agreement are Generally Acceptable?
A professional confidentiality agreement is a part of a contract wherein the engineer or architect promises never to share any data regarding the details of how the employer’s enterprise is carried out, or of the employer’s confidential procedures, plans, solutions, information or equipment.
Similarly, a non-competition clause generally states that for a specified amount of time following the date the engineer or architect stops working as a part of the company, that person will not become employed by a competing firm or a firm focusing on an identical form of business.
An ownership of inventions clause applies to specialists who create or invent something as part of their work. By agreeing to this type of clause, the worker agrees that anything he or she creates while employed, or during a specified period of time following the contract termination, is treated as the creation or invention of the company and not that of the engineer or architect.
A no extra compensation clause specifies that if the worker becomes some type of executive or manager for the firm, he or she will not be subjected to extra compensation for accomplishing these duties.
Of course, this brief guide will be insufficient to help you navigate all the potential issues involved with these types of employment contracts. Their details can vary widely, so seek out a professional for assistance.
Thank you, Hayley, for your post. North Carolina employees should be aware that unless there is a specific employment contract, you are generally an “at will” employee. That means that you can be fired for any reason or no reason whatsoever, so long as it is not due to your being a member of a protected class (race, religion, sex, etc.). Also, covenants not to compete must be deemed reasonable to be enforceable.
Any questions for Hayley? Please post, below. And, if you haven’t already, please sign up to get email delivery of all posts directly to your mailbox, by going to the sign up form. At the same time, you’ll get the download link to my free white paper on the 7 Critical Mistakes that Design Professionals Make during Contract Negotiation and Execution that Sabotage their Projects & Invite Litigation.
Photo: (c) Aidan Jones via Creative Commons license.
Act now to get early bird tickets to the USGBC NC Triangle Chapter’s spring Luncheon, featuring NC Governor Bev Perdue and others on the topic of the Green Business Fund, which was created to “make environmental innovation investments in alternative fuels, green construction, and other clean energy technologies – positioning North Carolina to become a national leader in environmental technology and in high-wage green collar jobs.”
Be sure and arrive at early so you can enjoy the exhibit hall featuring the region’s top green builders and suppliers and network with other committed professionals.
When: Thursday, March 24th
Time: 11:00 am to 2:00 pm
Where: Radisson Hotel RTP, 150 Park Drive, Durham NC 27709
How: Register here by Friday, May 18th for early bird pricing.
Members of the Triangle Chapter – $35 ($45 after May 18)
Non-Members – $45 (55 after May 18)
Students – $25 ($35 after May 18)
Are you planning on attending? Let me know and we can meet up!
Today, a guest post from the folks at Lamps.com, a retailer of lamps, LED lighting and LED outdoor lighting solutions. They provide an interesting pro/con analysis of the three main types of light sources.
Going “green” is one of the largest priorities among businesses today; it seems everyone is doing it. Obviously, while building an energy-efficient structure, one of your main goals should be to conserve resources, but it can also be important to consider how you are going to light the project while still sticking to the green guidelines. It can be costly and stressful to think about lighting a whole construction site at night using solar paneled lights or other energy-efficient means, but with the following few tips you can conserve energy and have a safe, well-lit workspace while still keeping to your budget:
LED Light bulbs: All of the light bulbs that fit in typical sockets can generally be replaced with substitute light sources. LED lights are a great way to shed light on your construction project while still maintaining energy-efficient standards. LED lights come in both flood and track varieties, and are a benefit in the workplace because they do not throw off heat. That means that, no matter how late you’re burning the midnight oil, you are going to be safe from burns and fires. LEDs last close to eight times longer than CFL light bulbs and can be used in almost all light fixtures. LED bulbs also require significantly less wattage in comparison to the other types of bulbs. This makes them the most efficient and longest lasting type to use in a construction setting.
CFL Light bulbs: CFLs are another option for people looking to save energy but still work by light. Although they are not as energy efficient as LEDs they still use fifty to eighty percent less energy than regular incandescent bulbs. Replacing just one incandescent bulb with a CFL will cut about a half ton of C02 out of the atmosphere in just 5 years; that’s a lot of air and water pollution you could be saving. These, like the LEDs can be used in almost all areas where lighting is required.
Solar Paneled Lights: With the rise of solar powered technology, solar paneled lights can be cheap to find if you look in the right place. Purchasing online is a viable option for most, but make sure you read reviews of the product before buying. Solar paneled lights do have the tendency to be dimmer than other varieties, and also can die out more quickly because of their power source being inaccessible.
Along with getting energy-efficient bulbs there are options such as replacing fixtures in your pre-existing equipment, or using energy efficient cording. However, buying new bulbs is the quickest, easiest way to quickly make sure your construction company is working with “green” equipment and conserving as much as it can.
Editor’s Note: Be sure to check out this chart showing complete details of the three types of lights, including energy, environmental impact, and light output.
Your turn: Have you worked on a LEED or other “green” project which used alternative light sourcing? Share in the comments section, below.