Employment Agreement - Template, Sample Form Online Pro · US-law
✓ Valid in United States · drafted to comply with local law
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EMPLOYMENT AGREEMENT
State of ________
This Employment Agreement (this "Agreement") is entered into and made effective as of the date set forth at the end of this document (the "Effective Date") by and between ________, a ________ organized and existing under the laws of the State of ________, having its principal place of business at:
________
and ________, an individual residing at:
________
Hereinafter, "Employer" shall refer to ________, and "Employee" shall refer to ________. Employer and Employee may be referred to individually as a "Party" and collectively as the "Parties."
RECITALS
WHEREAS, Employer desires to employ Employee to render certain work-related services; and
WHEREAS, Employee desires to render such services to Employer;
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
§ 1. TYPE OF EMPLOYMENT
1.1 Employee is employed on a ________ basis (e.g., full-time, part-time).
§ 2. POSITION AND DUTIES
2.1 Employer shall employ Employee in the position of ________ (the "Position"). Employee shall be responsible for the following duties:
________
2.2 Employee shall also perform such other duties as may reasonably be assigned by Employer from time to time consistent with the Position.
2.3 Employer reserves the right to change Employee's title, duties, reporting relationships, and other details of employment, consistent with Employee's experience, education, training, and qualifications, provided that any such change shall not reduce Employee's base compensation without Employee's consent.
§ 3. GOVERNING TERMS OF EMPLOYMENT
3.1 The terms and conditions of the employment relationship shall be governed by this Agreement.
3.2 The employment relationship shall also be subject to the following applicable policies, procedure manuals, employee handbooks, or other written governing documents of Employer:
________
3.3 In the event of any conflict between this Agreement and any other written policy or procedure of Employer, this Agreement shall govern.
§ 4. PROBATIONARY PERIOD
4.1 Employee shall be subject to a probationary period of ________. 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
5.1 Employee agrees to perform the duties of the Position to the best of Employee's skill, ability, and experience, faithfully and in compliance with Employer's lawful instructions.
5.2 Employee acknowledges that Employer may change Employee's title, assignments, duties, responsibilities, and reporting requirements as set forth in § 2.3, and that no such change shall constitute a termination of this Agreement.
5.3 Employee represents and warrants that Employee is not a party to or bound by any other employment agreement, restrictive covenant, or contractual obligation that would prevent Employee from entering into this Agreement or fully performing the duties hereunder.
§ 6. EMPLOYER COVENANTS
6.1 Employer agrees to compensate Employee for the services rendered under this Agreement in accordance with the terms set forth herein. Employer further agrees to provide Employee with the tools, resources, and information reasonably necessary for Employee to perform the duties of the Position, and to comply with all applicable state and federal employment laws in connection with the employment relationship.
§ 7. COMPENSATION
7.1 For the services performed under this Agreement, Employer shall pay Employee gross compensation of $________ (________) annually.
7.2 Such compensation shall be subject to all applicable federal, state, and local withholdings and deductions. Payment shall be made as follows:
________
7.3 Compensation shall be reviewed at the following intervals: ________.
7.4 If Employee is classified as non-exempt under the Fair Labor Standards Act (29 U.S.C. § 201 et seq.) and applicable state wage-and-hour law, Employee shall be compensated at not less than one and one-half (1.5) times Employee's regular rate of pay for all hours worked in excess of forty (40) hours in a workweek.
7.5 Employer shall reimburse Employee for reasonable expenses arising directly out of the employment, provided such expenses were authorized in advance and supported by appropriate receipts.
§ 8. SCHEDULE AND LOCATION
8.1 Employee is expected to work in accordance with the following schedule:
________
8.2 Employee is expected to work at the following primary location:
________
8.3 Employee may also work in the following locations or by the following methods:
________
§ 9. BONUS
9.1 Employee shall be eligible for the following bonus, subject to the terms and conditions set forth below:
________
§ 10. VACATION AND HOLIDAYS
10.1 Employee is entitled to ________ weeks of paid vacation per year.
10.2 Unused vacation time may be carried over to the following year, provided that the total accrued vacation at any time shall not exceed ________. Accrual and payout of unused vacation shall be administered in accordance with applicable state law.
10.3 Employee may receive certain company-designated or recognized holidays, which may or may not be paid, in accordance with Employer's policies.
§ 11. BENEFITS
11.1 Employer shall provide Employee with the following benefits of employment, subject to the terms of any applicable plan documents:
________
§ 12. TERM AND TERMINATION
12.1 The employment relationship between Employer and Employee is and shall remain "at-will." Nothing in this Agreement shall be construed to alter the at-will nature of the employment.
12.2 The starting date of employment shall be ________ (the "Starting Date"). Employee shall commence work on the Starting Date.
12.3 This Agreement shall continue in full effect until terminated as set forth below.
12.4 This Agreement may be terminated as follows:
(a) Employer may terminate this Agreement at any time, with or without notice, for any reason or no reason, with or without cause.
(b) Employee may terminate this Agreement at any time by providing Employer not less than ________ weeks' written notice. Oral notice shall not suffice.
12.5 Upon termination, Employer shall pay Employee all earned and unpaid wages in accordance with applicable state law.
§ 13. PERFORMANCE REVIEWS
13.1 Employee shall be subject to performance reviews at the following intervals: ________.
§ 14. RETURN OF PROPERTY
14.1 Employee shall return to Employer, upon termination of this Agreement or upon Employer's request, all property belonging to Employer, in good condition, ordinary wear and tear excepted.
§ 15. NON-COMPETITION AND NON-SOLICITATION
15.1 During the term of employment and for a period of ________ following termination of this Agreement, Employee shall not engage, directly or indirectly, as proprietor, partner, officer, employee, or otherwise, in activities the same as or substantially similar to those performed for Employer, within a geographic area of ________. This restriction shall be enforced only to the extent permitted by, and shall be limited as necessary to comply with, applicable law of the State of ________. Where such restriction is prohibited by applicable law, this § 15.1 shall not apply.
15.2 During the term of employment and for a period of ________ following termination, Employee shall not, directly or indirectly, solicit or attempt to solicit any employee of Employer to leave such employment, nor solicit business from any then-current client of Employer.
15.3 The Parties agree that the covenants in this § 15 are reasonable and necessary to protect Employer's legitimate business interests. If any such covenant is held to be unenforceable, a court shall reform it to the maximum extent enforceable under applicable law.
§ 16. CONFIDENTIALITY AND INTELLECTUAL PROPERTY
16.1 Employee covenants not to disclose, release, or use any Trade Secret Information (as defined below) received in the course of employment, except as required to perform Employee's duties.
16.2 "Trade Secret Information" includes any formula, process, method, pattern, design, compilation, program, device, technique, or other information that derives independent economic value from not being generally known or readily ascertainable, as defined under applicable state trade secret law and the federal Defend Trade Secrets Act, 18 U.S.C. § 1836 et seq.
16.3 Employee shall maintain the secrecy of any Confidential Information not subject to trade secret protection for a period of three (3) years following termination of this Agreement.
(a) is or becomes available to the public through no fault of Employee;
(b) is already lawfully known to Employee;
(c) is provided by Employer to third parties without restriction;
(d) is lawfully obtained by Employee from a third party having the right to disclose it; or
(e) is independently developed by Employee, as Employee can demonstrate.
16.6 All works, inventions, discoveries, and intellectual property created by Employee within the scope of employment shall be the sole and exclusive property of Employer, and Employee hereby assigns all right, title, and interest therein to Employer to the extent permitted by applicable law.
§ 17. DISPUTE RESOLUTION AND ARBITRATION
17.1 Should any dispute arise between the Parties regarding this Agreement or the employment relationship, including the hiring process, Employee's performance, or termination, the Parties shall first confer in good faith to resolve such dispute.
17.2 If the Parties are unable to resolve the dispute, and except as prohibited by applicable law, any claim shall be resolved by final and binding arbitration administered in accordance with the rules of ________, pursuant to the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
17.3 The arbitration shall be held in the State of ________, conducted by an impartial arbitrator, and shall be confidential. Notwithstanding the foregoing, nothing herein shall preclude either Party from seeking injunctive relief in a court of competent jurisdiction, or limit any right to file a charge with or participate in proceedings before any government agency.
§ 18. ASSIGNMENT
18.1 Employer's rights and obligations under this Agreement shall inure to the benefit of and be binding upon Employer's successors and assigns. Employee may not assign this Agreement.
§ 19. GOVERNING LAW AND JURISDICTION
19.1 This Agreement shall be governed by and construed in accordance with the laws of the State of ________ and applicable federal law, without regard to conflict-of-laws principles. The Parties consent to the exclusive jurisdiction of the state and federal courts located within the State of ________ for any matter not subject to arbitration.
§ 20. ADVICE OF COUNSEL
20.1 Employee acknowledges that Employer has afforded Employee a reasonable opportunity to obtain independent legal advice regarding this Agreement, and that Employee has either obtained such advice or has knowingly and voluntarily chosen not to do so.
§ 21. ENTIRE AGREEMENT
21.1 This Agreement constitutes the entire agreement between the Parties and supersedes all prior or contemporaneous understandings, whether written or oral.
§ 22. HEADINGS
22.1 Headings are for convenience only and shall not affect the interpretation of this Agreement.
§ 23. SEVERABILITY
23.1 If any provision of this Agreement is held unenforceable, this Agreement shall be deemed amended to the minimum extent necessary to render such provision enforceable. If a court declines to so amend, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall be enforced as if the offending provision had not been included.
§ 24. NO WAIVER
24.1 No term of this Agreement shall be deemed waived by any act or acquiescence of either Party. Only a written agreement may constitute a waiver. No waiver of any term shall constitute a waiver of any other term or of the same term on a future occasion.
§ 25. NO MODIFICATION
25.1 No modification of this Agreement shall be valid unless in writing and executed by both Parties.
§ 26. NOTICES
26.1 Any notice required or given under this Agreement shall be in writing and shall be deemed sufficiently given when mailed by certified mail, return receipt requested, or delivered personally, to the respective addresses of the Parties set forth in this Agreement, or to such other address as either Party may designate in writing from time to time.
IN WITNESS WHEREOF, the Parties execute this Agreement as of the Effective Date set forth below.
Effective Date: ________
________________________________________
Name of Employee
________________________________________
Signature of Employee
________________________________________
Date
________________________________________
Name of Employer Representative
________________________________________
Signature of Employer Representative
________________________________________
Title of Employer Representative
________________________________________
Date
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