Remote Work Agreement - Template, Sample Form Online Pro · US-law

REMOTE WORK EMPLOYMENT AGREEMENT

State of ________

RECITALS:

A. This Remote Work Employment Agreement (the "Agreement") is made and entered into effective as of ________, by and between the following employee (the "Employee"):

________
of
________

and the following employer (the "Employer"; together with the Employee, the "Parties" and each a "Party"):

________, a ________
of
________

B. WHEREAS, the Employer desires to employ the Employee in a remote work arrangement, and the Employee desires to accept such employment, in each case upon the terms and conditions set forth herein;

C. WHEREAS, the Employee agrees to participate in a remote work arrangement in accordance with the guidelines and policies described in this Agreement; and

D. WHEREAS, the Employer agrees to such participation and to honor the applicable guidelines and policies described in this Agreement.

NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

§ I. Type of Employment.

1. The Employee is being hired for a permanent full-time position, classified for wage-and-hour purposes as ________ (exempt or non-exempt) under the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and applicable state wage law.

2. The Employee will work the following hours in the following arrangement:

________

§ II. Job Position.

3. The Employee will be employed in a position (the "Position") with the following job title: ________.

4. The Employee will communicate with the Employer as necessary or appropriate to receive work assignments and feedback.

5. The Employee will complete all assigned work according to procedures mutually agreed upon by the Parties and in accordance with the guidelines and standards provided by the Employer.

6. The Employer reserves the right to change the Employee's title, duties, reporting relationships, and other details of employment, with the exception of hours and compensation, as the Employer may determine necessary.

7. The Employee represents and warrants that they are not a party to or bound by any other employment agreement, restrictive covenant, or contractual obligation that would prevent them from entering into this Agreement or fully performing the duties hereunder.

§ III. Probationary Period.

8. The Employee shall work during an introductory probationary period of the following length: ________.

9. During this probationary period, and at all times thereafter consistent with the at-will nature of employment, the Employer may terminate the employment relationship at any time, for any lawful reason or no reason, in the Employer's sole and exclusive discretion, with or without notice.

§ IV. Work Responsibilities.

10. The Employee's work responsibilities shall include the following:

________

11. The Employee will also be responsible for other jobs and duties within the scope of their employment as may be assigned and arise from time to time in the normal course. The Employee agrees that any such change will not result in termination of this Agreement.

12. The Employer agrees to maintain the Employee's position and duties consistent with the Employee's experience, education, training, and other qualifications.

13. The Employee agrees to perform all duties required by the Position to the best of their skill, ability, and experience, faithfully and in compliance with the Employer's lawful instructions, howsoever provided.

14. The Employee will communicate and check in with their supervisor on an as-needed basis in the following manner:

________

15. The terms and conditions of the relationship between the Parties shall be governed by any applicable policies, procedure manuals, employee handbooks, or other written governing documents used by the Employer, as well as by this Agreement.

16. In case of any conflict between this Agreement and the written policies and/or procedures used by the Employer, this Agreement shall govern.

17. The Employee shall work remotely according to the following schedule:

________

18. The Employee will work in the office according to the following schedule:

________

19. The Employee shall designate the following address as the approved remote work location (the "Remote Work Location"): ________. The Employee shall not change the Remote Work Location without the Employer's prior written approval.

§ V. Company-Provided Equipment.

20. The Employee shall use the following equipment provided by the Employer:

________

21. To effectively perform their assigned tasks, the Employee may use the Employer's equipment remotely with the Employer's approval. Such equipment must be protected against damage and unauthorized use and used solely for business purposes.

22. Company-provided equipment will be serviced and maintained by the Employer. The Employee shall be responsible for the daily maintenance and proper care of such equipment.

23. The Employee agrees to return all such property to the Employer in good condition, reasonable wear and tear excepted, upon the termination of this Agreement or upon the Employer's request.

24. The Employee shall submit a written request to the Employer if they require any additional equipment.

§ VI. Compensation.

25. For performing in the Position as described by this Agreement, the Employee will receive annual compensation in the amount of $________ (________) per year.

26. All compensation received by the Employee shall be subject to applicable withholding and deductions required by federal, state, and local law.

27. Compensation will be paid to the Employee in the following manner:

________

§ VII. Overtime.

28. If the Employee is classified as non-exempt, the Employee will be eligible to receive overtime pay for any overtime worked that has been ordered and approved in advance by the Employer, in accordance with the federal Fair Labor Standards Act and applicable state law.

29. The Employee acknowledges and understands that the Employer will not accept the result of unapproved overtime work and discourages such practices; provided, however, that all hours actually worked by a non-exempt Employee shall be compensated as required by law.

30. The Employee acknowledges that failing to obtain prior approval for overtime work may result in removal from the remote work program, discipline, or other appropriate action.

§ VIII. Reimbursement.

31. The Employee shall be entitled to reimbursement for authorized and reasonable business expenses incurred while conducting business for the Employer, in accordance with the Employer's expense reimbursement policy and applicable state law.

32. The Employer shall not be responsible for reimbursing unauthorized operating costs, home maintenance, or any other incidental costs associated with the use of the Employee's residence for remote work, except to the extent reimbursement is required by applicable law.

§ IX. Benefits.

33. The Employee shall be eligible to receive the following benefits of employment, subject to the terms of the applicable plan documents and the Employer's policies:

________

34. Nothing in this Agreement shall be construed to guarantee the continuation of any benefit plan, and the Employer reserves the right to amend, modify, or terminate any benefit plan in accordance with its terms and applicable law.

§ X. Vacation, Holidays, and Leave.

35. The Employee is entitled to the following amount of paid vacation time per year: ________.

36. If the Employee does not use all allotted vacation time in one year, the Employee may roll over remaining vacation days to the next year, subject to the limit set forth below and to applicable state law governing accrued vacation.

37. Roll over of vacation time will be limited to the following amount: ________.

38. The Employee will receive federally and/or company recognized holidays off from work, to be compensated according to the Employer's policy.

39. The Employee shall obtain permission from the Employer prior to taking leave in accordance with established Employer procedures. Nothing herein limits the Employee's rights to leave under the federal Family and Medical Leave Act, 29 U.S.C. § 2601 et seq. (if applicable), or any other applicable federal, state, or local leave law.

§ XI. Work Site Inspection.

40. The Employer may authorize an agent, supervisor, or other officer to periodically inspect the Remote Work Location to ensure proper maintenance of the Employer's equipment and compliance with safety norms and Employer policies.

41. The following amount of prior notice must be provided to the Employee in advance of an inspection: ________.

42. Any inspection must be conducted during normal working hours and at the Employee's reasonable convenience.

§ XII. Performance Reviews.

43. The Employee shall be subject to performance reviews at the following intervals: ________.

44. Evaluation of the Employee's performance shall be based on norms derived from past performance and occupational standards consistent with these guidelines. For assignments without precedent or pre-established standards, regular and required progress reporting by the Employee will be used to rate job performance and establish standards.

§ XIII. Term and Termination.

45. The employment relationship between the Employer and the Employee is and shall at all times remain "at-will." Nothing in this Agreement shall be construed to create a contract of employment for any specified term or to alter the at-will nature of the employment relationship.

46. The starting date for the employment is ________ (the "Starting Date"). The Employee will be expected to begin work on the Starting Date.

47. This Agreement shall continue in full force and effect until terminated by either Party as set forth below:

(a) The Employer may terminate this Agreement and the employment relationship at any time, with or without notice, for any lawful reason or no reason at all. The Employer need not have cause to terminate the Employee's employment.

(b) The Employee may terminate this Agreement at any time by giving the Employer not less than ________ weeks' written notice. Oral notice shall not suffice.

(c) The Sections of this Agreement concerning confidentiality, intellectual property, return of property, restrictive covenants, liability, governing law, and any other provisions which by their nature should survive, shall survive the termination of this Agreement.

§ XIV. Restrictive Covenants.

48. The Employee acknowledges that the following covenants are reasonable and necessary to protect the legitimate business interests of the Employer, including its goodwill, confidential information, and customer relationships. The covenants in this Section shall be enforced only to the extent permitted by applicable state law, and any covenant deemed overbroad shall be reformed and enforced to the maximum extent permissible.

(a) Non-Competition. For a period of ________ following the termination of this Agreement, the Employee shall not, directly or indirectly, as proprietor, partner, officer, employee, or otherwise, engage in the same or substantially similar activities as were performed for the Employer within the following geographic area: ________.

(b) Non-Solicitation of Employees. For a period of ________ following termination, the Employee shall not hire or attempt to hire, solicit, or induce any of the Employer's employees or staff to terminate their relationship with the Employer.

(c) Non-Solicitation of Clients. For a period of ________ following termination, the Employee shall not solicit business from or interfere with any current clients of the Employer with whom the Employee had material contact during employment.

(d) Notwithstanding the foregoing, the restrictions of this Section shall not apply to the extent any such restriction is unenforceable under applicable state law, and nothing herein shall prohibit the Employee from engaging in any activity protected by law.

§ XV. Employer Records.

49. The Employee shall apply all due care and safeguards to protect the Employer's records from unauthorized disclosure or damage.

50. All work performed at the Remote Work Location is and shall remain the property of the Employer.

51. All records, papers, computer files, and relevant correspondence must be safeguarded and returned to the Employer's primary business location upon termination or upon the Employer's request.

§ XVI. Confidentiality and Intellectual Property.

52. The Employee acknowledges that, in the course of performing their duties, they may have access to confidential and proprietary information belonging to the Employer, including but not limited to trade secrets, business plans, financial data, customer lists, and other sensitive information (the "Confidential Information").

53. The Employee agrees to hold all Confidential Information in strict confidence and shall not, directly or indirectly, disclose, publish, or use any Confidential Information for any purpose other than the performance of the Employee's duties under this Agreement.

54. The Employee agrees to take all reasonable precautions to safeguard Confidential Information from unauthorized access, disclosure, or use, particularly while working at the Remote Work Location.

55. This obligation of confidentiality shall survive the termination of this Agreement and shall continue with respect to any Confidential Information for so long as it remains proprietary to the Employer, and, with respect to trade secrets, for so long as such information constitutes a trade secret under the federal Defend Trade Secrets Act, 18 U.S.C. § 1836 et seq., and applicable state trade secret law.

56. Upon termination of this Agreement, the Employee shall promptly return to the Employer all documents, materials, and other property containing or relating to any Confidential Information and shall retain no copies thereof in any form.

57. The Employee agrees that any unauthorized disclosure or use of Confidential Information may cause irreparable harm to the Employer for which monetary damages would be an inadequate remedy, and the Employer shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.

58. The Employee shall ensure that no member of their household or any other unauthorized person has access to the Employer's Confidential Information or equipment at the Remote Work Location.

59. The Employee shall immediately notify the Employer of any actual or suspected unauthorized disclosure, loss, or theft of Confidential Information.

60. The provisions of this Section shall apply to all Confidential Information regardless of the form in which it is maintained, whether written, electronic, oral, or otherwise.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

62. The Employee acknowledges that all inventions, discoveries, improvements, and works of authorship created by the Employee during the course of employment that relate to the Employer's business shall be the sole and exclusive property of the Employer, and any works of authorship shall be deemed "works made for hire" to the extent permitted by the U.S. Copyright Act.

63. The Employee agrees to execute any documents and take any actions reasonably necessary to assign and transfer to the Employer all right, title, and interest in such inventions, discoveries, improvements, and works.

64. The Employee's obligations under this Section are in addition to, and not in limitation of, any obligations imposed by applicable law or by any separate confidentiality, non-disclosure, or invention assignment agreement between the Parties.

65. The Employee acknowledges that the restrictions and obligations set forth in this Section are reasonable and necessary to protect the legitimate business interests of the Employer.

§ XVII. Limitation of Liability and Indemnification.

66. The Employer will not be liable for damage to the Employee's personal property that may result from participation in this remote work arrangement, except to the extent caused by the Employer's gross negligence or willful misconduct.

67. To the fullest extent permitted by law, no Party shall be liable to any other Party in contract, tort, negligence, breach of statutory duty, or otherwise for any indirect, incidental, special, or consequential loss, damage, costs, or expenses of any nature whatsoever, including without limitation any economic loss, data loss, loss of goodwill, or loss of turnover, profits, or business.

68. The Employee shall maintain, at the Employee's own expense, all appropriate and necessary liability, theft, and damage insurance covering the Remote Work Location.

69. The Employee agrees to hold the Employer harmless from any liability to third parties arising out of the Employee's negligent or wrongful acts in connection with the remote work arrangement, to the extent permitted by applicable law.

§ XVIII. Workers' Compensation.

70. The Employee shall be covered under the applicable state workers' compensation law for injuries arising out of and in the course of performing official duties while working remotely. The Employee shall promptly report any work-related injury to the Employer.

§ XIX. Compliance and Data Security.

71. The Employee agrees to comply with all applicable federal, state, and local laws and with all Employer policies concerning data privacy, data security, information technology, and the protection of personally identifiable information while performing remote work.

§ XX. Notices.

Lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat duis aute irure dolor in reprehenderit voluptate velit esse cillum dolore eu fugiat nulla pariatur lorem ipsum dolor sit amet consectetur adipiscing elit sed do eiusmod tempor incididunt ut labore et dolore magna aliqua ut enim ad minim veniam quis nostrud exercitation ullamco laboris.

§ XXI. Entire Agreement.

73. This Agreement contains the entire agreement of the Parties regarding its subject matter and supersedes all prior or contemporaneous agreements, representations, and understandings, whether oral or written.

§ XXII. Waiver of Contractual Rights.

74. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

§ XXIII. Headings.

75. The section and paragraph headings appearing in this Agreement are inserted only as a matter of convenience and shall not define, govern, limit, modify, or construe the scope or extent of the provisions to which they relate, and shall be given no legal effect.

§ XXIV. Amendments.

76. This Agreement may be modified or amended only by a writing signed by both Parties.

§ XXV. Assignment.

77. The Employee may not assign or delegate any of their rights or obligations under this Agreement. The Employer may assign this Agreement to any successor or affiliate without the Employee's consent.

§ XXVI. Severability.

78. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed written, construed, and enforced as so limited.

§ XXVII. Counterparts and Electronic Signatures.

79. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. Signatures transmitted electronically or by facsimile, and electronic signatures executed in accordance with the federal E-SIGN Act, 15 U.S.C. § 7001 et seq., and applicable state law, shall be deemed original signatures.

§ XXVIII. Governing Law and Venue.

80. This Agreement shall be governed by and construed in accordance with the laws of the State of ________, without regard to its conflict-of-laws principles. Both Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in ________, in the State of ________. The Parties agree that this choice of law, venue, and jurisdiction provision is mandatory and not permissive in nature.

EXECUTION:

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.

EMPLOYER:

_________________________________
By: ________
Title: ________
On behalf of ________, Employer

Date: ________

EMPLOYEE:

_________________________________
________, Employee

Date: ________