In today`s gig economy, more and more workers are taking on freelance work without signed employment agreements. But does that mean that those agreements are unenforceable in the eyes of the law? Not necessarily.
An unsigned employment agreement can still be legally binding, as long as certain conditions are met. Here are some factors to consider:
1. Intent: Did both parties intend to be bound by the terms of the agreement, even if it wasn`t signed? This can be established through communications between the parties, such as emails or text messages.
2. Performance: Has one party already performed under the terms of the agreement? For example, if a freelance writer has already submitted work to a client and been paid for it, that could be seen as performance under the terms of an unsigned agreement.
3. Custom and practice: Are there industry standards for the type of work being performed that would imply an agreement exists? For example, if a freelance graphic designer is hired to create a logo for a company, there may be an industry standard for payment and delivery terms that both parties would be expected to adhere to.
If these conditions are met, an unsigned employment agreement can still be enforceable in court. However, it`s always better to have a signed agreement in place to avoid confusion or disputes down the line. An employment agreement can outline important details such as payment terms, intellectual property ownership, and termination clauses.
In summary, just because an employment agreement is unsigned doesn`t necessarily mean it`s unenforceable. As long as both parties intended to be bound by the terms, there has been performance under the agreement, and there are industry standards to support the terms, the agreement can still hold up in court. However, it`s always best to have a signed agreement in place to avoid any potential legal issues.