Employment Contracts and Agreements
Main office: Marblehead, MA • Representing employees in Massachusetts and New Hampshire
Substantial Experience Drafting and Negotiating Employment Contracts
Whitney Law Group has substantial experience advising, drafting, and negotiating the full range of employment-related contracts. Before you sign any document your employer puts in front of you, have it reviewed by an attorney who has been on the other side, someone who has drafted and litigated these same documents for employers. That’s exactly what Whitney Law Group offers.
Contract reviews are typically completed within 24 to 48 hours. Negotiations are conducted in writing, professionally and directly with the employer’s counsel.
Contracts and Agreements We Handle
Employment Agreements and Offer Letters
Full review and negotiation of at-will and term employment agreements, offer letters, letter agreements, and executive employment contracts. Key issues: compensation structure and bonus definitions, at-will versus for-cause termination provisions, severance entitlements, and the scope of any restrictive covenants.
Nondisclosure Agreements (NDAs)
Review and negotiation of confidentiality and nondisclosure agreements at onboarding, mid-employment, and in separation contexts. Key issues: the scope of “confidential information” (is it narrowly defined or everything you ever touch?), duration, carve-outs for disclosures required by law, and provisions that may conflict with Massachusetts protections for employees’ rights to discuss wages and working conditions. NDAs that attempt to prevent disclosure of illegal employer conduct may be unenforceable or illegal.
Non-Solicitation Agreements
Review and negotiation of non-solicitation clauses restricting your ability to contact former clients or recruit former colleagues. Unlike non-competes, non-solicitation clauses are not covered by the 2018 Non-Compete Reform Act and are generally more readily enforced by Massachusetts courts, but they must still be reasonable in scope, duration, and definition. Whitney Law Group reviews non-solicit provisions in both employment and severance agreements and negotiates carve-outs and limitations where appropriate.
IP Assignment and Inventions Agreements
Review and negotiation of intellectual property assignment provisions. Massachusetts General Laws Chapter 188 limits what employers can claim in IP assignments: employers cannot claim inventions developed entirely on the employee’s own time, without employer resources, that don’t relate to the employer’s business or the employee’s assigned work. Many IP assignment clauses are drafted more broadly than the statute allows.
Additional Contract Types
- Consulting and independent contractor agreements
- Severance and separation agreements (see also Severance Practice Area)
- Stay-on agreements and retention bonuses
- Equity grant documents – stock option agreements, RSU grants, and LTIP documentation
Frequently Asked Questions - Employment Contracts
Q: My employer said the offer letter is non-negotiable. Is that really true?
Rarely, and even less often at professional and executive levels. Even when base compensation is fixed by a salary band, other provisions are frequently negotiable: bonus definitions and targets, equity vesting terms, severance entitlements, the scope of any non-compete or non-solicit, IP assignment carve-outs, and the definition of for-cause termination. Whitney Law Group identifies which provisions are worth pushing on and which are genuinely fixed, so you spend negotiating capital where it creates the most value.
Q: My NDA says I can’t discuss anything that happened at my employer. Is that enforceable?
Not fully. Employees in Massachusetts retain the right to discuss wages, hours, and working conditions with coworkers and in connection with potential legal claims, and NDAs cannot validly waive these rights. Federal law (the NLRA) protects concerted activity involving working conditions. The Speak Out Act and related federal legislation also restricts pre-dispute NDAs covering sexual harassment and assault. Whitney Law Group reviews NDAs and advises on which provisions are enforceable and which are not before you sign.
Q: What is a ‘garden leave’ clause and why does it matter?
Garden leave is a provision, now required by the Massachusetts Non-Compete Reform Act for post-2018 non-competes, under which the employer continues to pay at least 50% of your highest annualized base salary during the non-compete period. If your non-compete doesn’t include garden leave pay or equivalent consideration, it may be unenforceable under the Reform Act. If it does include garden leave, the payment amount and structure matter, particularly if you’re a bonus-heavy earner where base salary understates your total compensation. Whitney Law Group evaluates garden leave provisions as part of every non-compete review.
Schedule a consulation in Marblehead, MA
Serving Marblehead, MA and the North Shore
Whitney Law Group’s main office is at 11 State Street in Marblehead, MA, the firm’s home since its founding in 2017. We serve clients throughout Essex County and the North Shore, including Swampscott, Salem, Beverly, Peabody, Danvers, Gloucester, Newburyport, and Marblehead. Virtual consultations available statewide.
