Posted by Seth Burgess on Tue, Feb 09, 2010 @ 03:11 PM
Both job seekers and employers ask "Do I need an employment contract for my next horse job or employee?" Usually this question comes up right after a bad experience with an employer or employee. When things don't go well, we naturally ask, "How can I avoid this situation in the future?"
We live in a society where contracts are common, so we naturally think that a contract will help protect us in the future. But, lets take a look at what happens if there is a breach of contract.
If things go really badly in an employment relationship where a contract is involved, the only serious remedy is for one party or the other to sue for specific performance in court. However, the time, energy, and money that a lawsuit will take from you is probably not worth it. In most situations, employers and employees will be best served by simply cutting their losses and moving on.
After all, if you are the employer, are you going to want to keep an employee who has filed a lawsuit against you? If you are an employee, are you going to want to continue working for an employer who is suing you? In employment contract disputes, even if the suit is successful, the employment relationship is likely to fall appart. You may win the battle, but you will lose the war and probably damage your reputation in the process.
Underneath it all, the best reason to have a contract is so that everyone is on the same page and has the same expectations. Most employment relationships fall apart becuase of misunderstandings and differing expectations.
In most horse jobs, a written job description will spell out the duties and responsibilities of a job, without the need for a formal employment contract and all that contracts entail.
A written job description should be prepared by the employer. However, if the employer does not prepare one, the applicant can write one. For sample employer and applicant job descriptions download the free horse industry job description reference.
One significant exception to the rule of thumb about contracts vs. job descriptions involves what happens after an employee leaves. Employers may wish to protect themselves from Trainers or Riding Instructors who leave their employ and set up shop down the road, or cause clients to follow them. In this case a contract with a non-competition clause or language concerning clients may be appropriate. After all, if you end up having to sue in this kind of situation, the person will no longer be working for you anyway.
Nothing here should be considered legal advice. I am not an attorney and you may need to consult one. A little forethought goes a long way when it comes to matters of employment.