Start with the terms that define the job
Find the employer, job title, duties, manager, start date, location, remote or hybrid arrangement, employment status, and contract duration. Vague duties or a broad mobility clause can matter because they leave more room for day-to-day change.
- Does the written role match the job you accepted?
- Is remote work stated as a contractual arrangement or only described in a policy?
- Can duties or location be changed, and on what terms?
Compensation: look beyond the headline salary
Separate compensation promised in the contract from compensation described as discretionary, conditional, or governed by a separate plan. Check basic salary, payment frequency, commission, bonus, overtime where mentioned, expenses, benefits, and equity or stock options.
- What is guaranteed in writing?
- What depends on targets, a plan, or employer discretion?
- What happens to variable pay if employment ends before payment?
Working time, location, and flexibility
Read normal hours, overtime wording, travel, on-call expectations, workplace, remote-work terms, and any right to vary schedule or location. The contract can show the operational commitment; statutory working-time protections depend on the relevant jurisdiction.
- Are expected hours and availability clear?
- Is travel or relocation defined rather than open-ended?
- Which arrangements sit in a policy instead of the contract?
Probation and the initial period
A probation clause usually identifies a trial period, review process, and notice arrangements during that period. Compare its duration and notice wording with the terms that apply afterward. Whether any period or notice is legally effective depends on the applicable law.
- When does probation end?
- Can it be extended, and how?
- What notice applies during and after probation?
Notice, termination, and what follows
Identify notice by each party, termination for cause, payment in lieu of notice, garden leave, severance where stated, and return-of-property duties. Read all post-termination obligations together rather than treating notice as the final clause.
- Is notice reciprocal or different for each party?
- What does the agreement say about salary, bonus, benefits, and equity at termination?
- Which obligations expressly survive employment?
Intellectual property and work product
Employment contracts may address code, designs, inventions, documents, and other work created during employment. Look for pre-existing IP, side projects, disclosure duties, and wording that reaches unrelated personal work. Ownership rules can be strongly jurisdiction-specific.
- Are existing projects or IP identified or excluded?
- Does the clause describe work connected to employment?
- Does it require disclosure of unrelated ideas or projects?
Confidentiality and restrictive covenants
A confidentiality obligation should identify protected information, permitted disclosure, and duration. Treat non-compete and non-solicitation separately: identify the restricted activity, people or customers, territory, duration, and stated consequences. Enforceability is not determined by the clause alone.
- Is confidential information defined with usable boundaries?
- What work, customers, or colleagues are restricted after leaving?
- Does a non-compete appear in an otherwise ordinary confidentiality clause?
Policies incorporated by reference
The contract may refer to an employee handbook, bonus plan, expense policy, remote-work policy, disciplinary policy, or equity plan. These documents can contain important practical terms even when they are not attached.
- Which policies form part of the agreement?
- Can they be changed and how will you be notified?
- Have you received the current versions before signing?
Example clause, explained
Illustrative example only: “Any annual bonus is discretionary and no bonus is earned unless the employee is actively employed on the payment date.”
Plain English: The headline opportunity may not be a guaranteed payment. The clause links payment to discretion and a future employment condition.
Question to ask: Is the bonus governed by a separate plan, what performance criteria apply, and what happens if notice or garden leave overlaps with the payment date?
A realistic scenario
A software developer receives a strong salary offer, but the contract says the bonus is discretionary, remote work is subject to policy, all inventions must be assigned, and a post-employment non-compete applies. Before deciding what is enforceable, the developer can identify which terms are guaranteed, request the referenced policies, list pre-existing side projects, and ask what work, territory, and duration the restriction actually covers.
What the contract says vs. what may depend on your jurisdiction
Frequently asked questions
Is an offer letter the same as an employment contract?
They can contain different terms or refer to further documents. Compare them for inconsistencies and identify which policies or plans are incorporated.
Is a discretionary bonus guaranteed?
Read the exact wording and any plan. A stated target, discretionary language, and payment conditions can have different practical effects.
Can Lawyerless review my employment contract?
You can paste or upload it for a plain-language first pass through pay, duties, restrictions, and clauses worth reviewing. Lawyerless provides informational support, not legal representation or jurisdiction-specific advice.
Related concepts
Employment contract
A broader introduction to employment contracts.
Termination clause
How contracts describe the end of a relationship.
Confidentiality clause
How confidentiality obligations are commonly framed.
Non-compete clause
A focused explainer on post-employment restrictions.
Intellectual property clause
How contracts address ownership of work product.
Review your employment contract before signing
A practical, plain-English guide to reading your role, pay, flexibility, termination, intellectual property, and post-employment restrictions before you accept a job.
Analyze My Employment ContractSources and methodology
This educational guide explains common employment-contract reading questions. It does not state universal employment-law rules.