Final answer:
The most contentious clause in employment contracts is typically the termination clause, outlining conditions for ending employment. Probationary, governing law, and severability clauses are generally less contentious.
Step-by-step explanation:
The clause in many written employment contracts that is typically the most contentious is the termination clause. This clause outlines the conditions under which an employer can terminate the employment and often includes details regarding notice periods, severance pay, and conditions for both voluntary and involuntary termination. Conflicts may arise due to interpretations of the contract terms or disagreements about the circumstances that warrant termination.
Employment contracts may contain a probationary clause, which allows an employer to dismiss an employee during a trial period for any reason. While this can also be a point of contention, it is generally not as contentious as the termination clause, because the implications of probation are usually clear and accepted as a standard in many industries.
The governing law clause and severability clause are less likely to be contentious. The governing law clause specifies which jurisdiction's laws will apply to the interpretation of the contract, while the severability clause allows for parts of the contract to be invalidated without affecting the validity of the rest.