Employment Agreement Amendment

Semantically, one is to amend and one is to add. An amendment is used when there’s a modification to an existing contract, such as when certain circumstances have changed and the contract needs to reflect that. On the other hand, an addendum is any added explanatory note in the contract. Both imply that the terms have been previously agreed upon by all parties involved.

Before you create an Employment Agreement Amendment, there’s usually some negotiation that takes place between the employer and the employee. Both are permitted to broach the subject at any time. However, if you’re negotiating in a group, like in a union, the whole group proceeds as one and that is called collective bargaining.

If there is an oral agreement about how the existing Employment Agreement should be amended, it should always be followed by the written document. Even though verbal agreements are also legally binding, they are notoriously difficult to prove. In this case, the burden would fall on the employee to prove any agreed-upon changes to an agreement.

While asking for legal advice is not necessary for singing an Employment Agreement Amendment, you're entitled to it. If the terms are clear and previously agreed upon, any attorney involvement may be extraneous. But if the amendment is complicated and you need someone to help you with it, procuring legal assistance can be beneficial.

The most important part of the Employment Agreement Amendment is that both parties agree to the terms before they sign the document. This is why reading and reviewing the agreement before signing is essential. Also, both parties should sign at the same time, if possible. Furthermore, drafting the agreement in a clear and concise language will only add to the document's validity.