Employment agreement state of ________ (fill name of state)
Employment Agreement State of ________ (FILL NAME OF STATE)
WE PROVIDE THIS FOLLOWING LEGAL DOCUMENT TO OUR CLIENTS AT FREE OF
COST WITH NO CLAIMS AND LIABILITY, USERS OF THIS FOLLOWING LEGAL
DOCUMENT SHOULD CONSULT AN ATTORNEY TO DETERMINE WHAT PROVISIONS THEY
MAY WISH TO ADD, REVISE OR DELETE ENTIRELY. EASTBIZ.COM IS NOT A LAW
FIRM, AND NEITHER EASTBIZ.COM NOR ANY OF ITS EMPLOYEES OR ASSOCIATES
PROVIDE LEGAL SERVICES OR LEGAL ADVICE. THIS FOLLOWING LEGAL DOCUMENT
HAS BEEN PREPARED BY AN ATTORNEY LICENSED TO PRACTICE LAW.
This Employment Agreement, hereinafter referred
to as "Agreement," is entered into and made effective as of
the date set forth at the end of this document by and between the
following parties: ________
, organized under the laws of the state of ________
(FILL NAME OF STATE), having its principal
place of business at the following address:________________________
an individual, having a primary address at the following:
Hereinafter, "Employer" will refer to
and be used to describe the following party: ________.
"Employee" will refer to and be used to describe the
following party: ________.
Employer and Employee may be referred to individually as "Party"
and collectively as the "Parties."
WHEREAS, Employer wishes to retain Employee
for certain work-related services,
WHEREAS, Employee wishes to render such
services to Employer.
NOW, therefore, in consideration of the
promises and covenants contained herein, as well as other good and
valuable consideration (the receipt and sufficiency of which is
hereby acknowledged), the Parties do hereby agree as follows:
1) TYPE OF EMPLOYMENT
This Agreement is made for a permanent,
Employer will employ Employee in the following
("Position"). Employee will be responsible for the
following duties: ________
Employee will also be responsible for other
duties as may by assigned and may arise from time to time.
Employer reserves the right to change
Employee's title, as well as Employee's duties, reporting
relationships, and other details of employment with the exception of
hours and compensation, as may be determined necessary by Employer.
Employer agrees to maintain Employee's positions and duties as such
as may be consistent with Employee's experience, education, training,
and/or other qualifications.
The terms and conditions of the relationship
between Employer and Employee shall be determined by any applicable
policies and procedure manuals, employee manuals, or other written
governing documents belonging to and utilized by Employer and
Employer's company, as well as by this Agreement. In case of any
dispute or conflict between this Agreement and other written policies
and/or procedures owned and utilized by Employer or Employer's
company, this Agreement shall govern.
4) PROBATIONARY PERIOD
Employee will be subject to a probationary
period of the following: ________.
During this probationary period, Employer may terminate the
employment relationship at any time, for any reason, in Employer's
sole and exclusive discretion, with or without notice.
5) EMPLOYEE COVENANTS
Employee agrees to carry out and perform the
duties required by the Position to the best of Employee's skill,
ability, and experience. Employee agrees to execute the position
faithfully and in compliance with any of Employer's instructions,
written and/or oral, announced by Employer. Employee further
acknowledges and agrees that Employer may change Employee's position,
title, assignments, duties, responsibilities, and reporting
requirements at any time, and in Employer's sole and exclusive
discretion. Employee agrees that any such change will not result in
termination of this Agreement. Employee further represents and
warrants that it is not a party to or bound by any other employment
agreement or contractual obligation which would prevent Employee from
entering into this Agreement or fully performing the employment
For the services performed by Employee under
the terms of this Agreement, Employee will receive the following
Such compensation may be subject to normal
state and federal deductions. Payment will be made as follows:
Compensation shall be reviewed annually.
Any expenses arising directly out of the
employment shall be reimbursed to Employee, so long as the expenses
were authorized prior to being incurred and appropriate receipts were
provided to Employer.
7) SCHEDULE & LOCATION
Employee is expected to work within the
following schedule: ________
Employee is expected to work at the following
Employee may also work in the following
locations or methods: ________
For any hours above Employee's normal schedule,
Employee will receive compensation of time and a half.
Employee will receive the following bonus:
9) VACATION & HOLIDAYS
Employee is entitled to the following amount of
vacation time per year: ________days.
If Employee does not utilize all vacation time
alloted in one year, Employee will be entitled to rollover the
vacation time to the next year. Notwithstanding the foregoing,
however, Employee may not have total vacation time in any one year in
excess of the following: ________
Employee may also receive certain company-wide
or national holidays off, which may or may not be compensated in
Employer's sole and exclusive discretion.
Employer shall provide Employee with the
following benefits of employment:
11) TERM & TERMINATION
The relationship between Employer and Employee
shall be considered at-will. The starting date for the employment is
("Starting Date"). Employee will be expected to begin work
on the Starting Date. This Agreement shall continue in full effect
until terminated by either of the parties as outlined below. This
Agreement will automatically renew for the same duration as
established in the initial term (i.e. the same number of days, months
or years as established in the initial term) and will continue to
renew until either party provides notice, in writing, of its
intention to cease automatic renewals, at which point, this Agreement
will terminate prior to the following renewal date.
(a) Employer may terminate this Agreement at
any time, with or without notice, for any reason or no reason at all.
Employer does not need cause to terminate Employee's employment.
(b) Employee may terminate this Agreement at
any time, by giving the employer not less than 4 weeks' written
notice. Oral notice shall not suffice.
12) PERFORMANCE REVIEWS
Employee shall be subject to performance review
at the following intervals: ________.
If Employee has obtained any property belonging
to Employer in the course of the Employment relationship, Employee
agrees to return such property fully, with no damage thereto, at the
termination of this Agreement.
Upon termination of this Agreement, Employee
acknowledges and agrees that Employee shall not engage, directly or
indirectly, as proprietor, partner, officer, employee or otherwise,
in the same or similar activities as were performed for Employee in
any business within the same city as Employee's business for six
months after the termination of this Agreement. Employee is also
prohibited from hiring or attempting to hire any of Employer's other
employees or staff. Employee shall also be prohibited from soliciting
any business from current clients of Employer for a period of six
15) INTELLECTUAL PROPERTY
Employee hereby covenants and agrees not to
release or otherwise disclose any Trade Secret Information, as
hereinafter defined, that Employee may have received in the course of
the employment. Trade Secret Information includes, but is not limited
to, any formula, process, method, pattern, design, or other
information that is not known or reasonably ascertainable by the
public, consumers, or competitors through which, and because of such
secrecy, an economic or commercial advantage can be achieved. If
Employee received any Confidential Information, as hereinafter
defined, not subject to trade secret protection, Employee shall
maintain the secrecy of such information for a period of three (3)
years after the termination of this Agreement. Confidential
Information shall be defined as any information which is confidential
and commercially valuable to Employer. Confidential Information may
be in the form of documents, techniques, methods, practices, tools,
specifications, inventions, patents, trademarks, copyrights,
equipment, algorithms, models, samples, software, drawings, sketches,
plans, programs or other oral or written knowledge and/or secrets and
may pertain to, but is not limited to, the fields of research and
development, forecasting, marketing, personnel, customers, suppliers,
intellectual property and/or finance or any other information which
is confidential and commercially valuable to Employer. Confidential
Information shall not mean any information which:
a) is known or available to the public at the
time of disclosure or became known or available after disclosure
through no fault of the Employee;
b) is already known, through legal means, to
c) is given by the Employer to third parties,
other than the Employee, without any restrictions;
d) is given to the Employee by any third party
who legally had the Confidential Information and the right to
disclose it; or
e) is developed independently by the Employee
and the Employee can show such independent development.
Should any dispute arise between Employer and
Employee regarding this Agreement or the employment relationship in
general, including but not limited to, the hiring process, Employee's
performance and/or any possible termination, Employer and Employee
will confer in good faith and attempt to resolve such dispute. If the
Parties are unable to resolve the dispute, and should either Party
desire to pursue a claim against the other Party, the only resource
available to Employer and/or Employee will be final and binding
arbitration. The arbitration shall be held in the state of ________
(FILL NAME OF STATE) and be shall be conducted
by an impartial third-party arbitrator. The arbitration shall be
Employer's rights and obligations under this
agreement will inure to the benefit and be binding upon any of
Employer's successors and assignees.
18) JURISDICTION & GOVERNING LAW
This Agreement shall be governed in all
respects by the laws of the state of ________
(FILL NAME OF STATE) and any applicable federal
laws. Both Parties consent to jurisdiction under the state and
federal courts within the state of ________
(FILL NAME OF STATE).
19) ADVICE OF COUNSEL
Employee acknowledges that Employer has
provided Employee with reasonable and sufficient opportunity to
obtain independent legal advice regarding this Agreement and any
questions about the employment relationship Employee may have.
Employee covenants that Employee has either received such independent
legal advice prior to executing this Agreement or that Employee has
independently and willing chosen not to obtain legal advice and is
executing this Agreement without doing so.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire agreement
between the Parties and supersedes any prior or contemporaneous
understandings, whether written or oral.
Headings to this Agreement are for convenience
only and shall not be construed to limit or otherwise affect the
terms of this Agreement.
If any provision or term of this Agreement is
held to be unenforceable, then this Agreement will be deemed amended
to the extent necessary to render the otherwise unenforceable
provision, and the rest of the Agreement, valid and enforceable. If a
court declines to amend this Agreement as provided herein, the
invalidity or unenforceability of any provision of this Agreement
shall not affect the validity or enforceability of the remaining
terms and provisions, which shall be enforced as if the offending
term or provision had not been included in this Agreement.
23) NO WAIVER
None of the terms of this Agreement shall be
deemed to have been waived by any act or acquiescence of either
Party. Only an additional written agreement can constitute waiver of
any of the terms of this Agreement between the Parties. No waiver of
any term or provision of this Agreement shall constitute a waiver of
any other term or provision or of the same provision on a future
date. Failure of either Party to enforce any term of this Agreement
shall not constitute waiver of such term or any other term.
24) NO MODIFICATION
No modification of this Agreement shall be
valid unless in writing and executed by both Parties.
This Agreement may be executed in counterparts,
all of which shall constitute a single agreement between the Parties.
If the dates set forth at the end of this document are different,
this Agreement is to be considered effective as of the date that both
Parties have signed the Agreement, which may be the later date.
Notwithstanding the foregoing, the employment relationship will begin
on the Starting Date, as outlined above.
IN WITNESS WHEREOF, the Parties
execute the Agreement as follows: