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Before Consulting a Lawyer on Employment Contract Review

1st Attorneys
What To Do Before You Consult a Lawyer on Employment Contract Review

Before Consulting a Lawyer on Employment Contract Review

Employment contracts are not mere formalities – they define your rights, responsibilities, and future career stability. Many employees in Nigeria sign contracts without reviewing the fine print, only to later face problems such as unfair termination, restrictive clauses, or unpaid benefits. Consulting a lawyer is wise, but preparing before that meeting can save you time and legal fees while ensuring you understand your position.

Steps You Can Take Before Seeing a Lawyer

  • Read the entire contract carefully – even sections that seem routine.
  • Highlight unclear or concerning terms, such as non-compete, probation, termination, or arbitration clauses.
  • Compare the offer with industry standards for your role and sector.
  • Check if the contract complies with Nigeria’s Labour Act and other employment laws.
  • Identify any verbal promises not captured in writing.
Info: In Nigeria, employment contracts for more than three months must be in writing and must spell out wages, job title, hours of work, and termination procedures.

Evidence & Documents to Gather

Bring the following to your lawyer for review:

  • Offer letter and full contract draft.
  • Job description, HR or recruiter correspondence, and interview notes.
  • Salary and benefits details, including allowances, bonuses, health insurance, and pension terms.
  • Employee handbook or company policy documents.
  • Any previous contracts with the same or other employers (for comparison).
  • Emails or chats confirming verbal commitments.
Checklist: Ensure you gather both official documents and informal communications. Lawyers can use both to argue your case if disputes arise.

Common Mistakes Clients Make

  • Signing the contract without reading it fully.
  • Assuming all Nigerian companies comply with labour laws automatically.
  • Focusing only on salary and ignoring clauses on termination, notice period, or restrictive covenants.
  • Failing to negotiate ambiguous or one-sided terms.
  • Not keeping a copy of the signed contract.

Common Misconceptions

  • “All contracts are standard” – In reality, contracts differ widely, and employers may draft them to favour the company.
  • “If it’s unfair, courts will strike it out” – Nigerian courts generally enforce contracts freely entered into, unless unlawful.
  • “Verbal promises are binding” – They are hard to prove without documentation.
  • “Probation means no rights” – Even probationary staff have rights under Nigerian law.

Preparing for the Consultation

When meeting your lawyer, be ready to:

  • Present the documents you’ve gathered in an organized file.
  • List specific questions: e.g. Is this non-compete clause enforceable? Am I entitled to housing allowance?
  • Be honest about your goals – Do you want to accept, renegotiate, or reject the contract?
  • Ask for plain-language explanations of legal terms.

Practical Insights

Insight: Many Nigerian employees overlook the importance of termination clauses. A contract that allows an employer to terminate “at will” without proper notice can be a serious red flag.

Frequently Asked Questions

1. Do I really need a lawyer to review my contract?

Not always, but for senior roles, complex packages, or international employers, legal review is highly recommended.

2. Can I negotiate the terms?

Yes. Nigerian labour law does not prevent negotiation. Employers often expect candidates to ask questions before signing.

3. What if I already signed the contract?

A lawyer can still help by identifying unlawful or unenforceable clauses and advising on how to handle disputes.

4. Are non-compete clauses enforceable in Nigeria?

They are enforceable only if reasonable in scope, time, and geography. Overly broad restrictions may not stand in court.

5. What rights do I have during probation?

Probationary employees are still entitled to wages, notice periods, and protection from discrimination under the Labour Act.

Final Thoughts

Employment contracts shape your career path and financial security. Preparing before consulting a lawyer ensures you know your rights, avoid pitfalls, and maximize your bargaining power. Whether you are entering your first job or a senior executive role, careful contract review is not a luxury – it is a necessity.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a qualified lawyer for advice specific to your situation.