Legal Question in Employment Law in Missouri

Who is deemed ''writer'' of employment contract?

When negotiating to come to work for my former employer I insisted on an employmnet contract. They said, fine, write something up for us to review. I had my attorney it and they reviewed it, negotiated several points, put it on their letterhead and signed it.

We are now in a dispute and they are saying that because I was the writer of the contract, certain issues are not valid. While I know this is not true I am curious who would be considered the ''writer'' of the contract given I came up with the first draft and they put it on their letterhead. I have heard different opinions on this. Thanks.


Asked on 9/22/03, 1:46 pm

1 Answer from Attorneys
Spencer Farris The S.E. Farris Law Firm

Re: Who is deemed ''writer'' of employment contract?

"Writer" of the contract only matters if there is an ambiguity in the language- then it is construed against the drafter. However, if there were negotiations and they ultimately changed and printed the contract on their letterhead, it seems difficult for them to say that you drafted the contract. More plausibly, you made suggestions which they adopted in the offer which they extended.

Under no circumstances which I can imagine would the provisions be invalid simply because you "wrote" them. If both sides adopted the contract, the provisions have some effect. The argument will come in deciding whose interpretation of the contract will be upheld by the courts.

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Answered on 9/22/03, 2:16 pm


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