An employer and a key employee may negotiate an employment agreement at the outset of their employment relationship. But sometimes the deal that the two parties initially negotiate ceases to be the deal the parties later desire.
When both parties want to change the terms of their agreement, they may be tempted to do so by simply orally agreeing to a new deal and then operating under the new terms. Doing so can lead to problems, however, if a dispute later arises; proving the existence and content of the new terms could be difficult for both parties. Therefore, in most situations, an employer and an employee should amend an employment agreement in a written document that is signed by both parties. This amendment should state that the parties desire to amend their agreement and then set forth the amended terms.
Prior to amending an employment agreement, a party may wish to ask employment law counsel to review the proposed amendment to ensure that the party will not lose the protections and benefits contained in the original agreement without receiving proper consideration. For assistance with drafting or amending an employment contract, please contact the Dallas employment lawyers of Clouse Dunn Khoshbin LLP at [email protected].
