VIEWS: 5,335 PAGES: 6 CATEGORY: Hiring Employees POSTED ON: 10/18/2007
This is an agreement between an employer and an employee outlining the terms and conditions of employment, such as compensation and benefits. The agreement also contains several covenants, including a non-disclosure and confidentiality provision that prohibits the employee from disclosing the company’s confidential information and two non-solicitation provisions that prohibit the employee from soliciting the company’s customers and/or other employees for a specified period of time after termination. The agreement also contains an arbitration provision and an attorneys’ fee clause. This employment agreement should be retained by the human resources department and kept in the employee’s personnel file.
This is an agreement between an employer and an employee outlining the terms and conditions of employment, such as compensation and benefits. The agreement also contains several covenants, including a non-disclosure and confidentiality provision that prohibits the employee from disclosing the company’s confidential information and two non-solicitation provisions that prohibit the employee from soliciting the company’s customers and/or other employees for a specified period of time after termination. The agreement also contains an arbitration provision and an attorneys’ fee clause. This employment agreement should be retained by the human resources department and kept in the employee’s personnel file. SALESPERSON EMPLOYMENT AGREEMENT THIS SALESPERSON EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of__________ ____, ______ by and between ____________________ (“Employer”) and ___________________ (“Employee”). RECITALS WHEREAS, Employer wishes to hire Employee on the terms and conditions of this Agreement; WHEREAS, Employee wishes to work for Employer as provided on the terms and conditions of this Agreement; NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration as set forth herein, Employer and Employee hereby agree as follows: TERMS 1. DESCRIPTION OF DUTIES A. Name of Position. Employee shall be employed in the capacity of a Salesperson. B. Essential Job Functions and Duties. The essential job functions or duties of this position are as follows: [DESCRIBE ESSENTIAL JOB FUNCTIONS]. C. Additional Responsibilities: Employee shall also perform such other duties in the ordinary course of business as performed by other persons in similar such positions, as well as such other reasonable duties as may be assigned from time to time by Employer. D. Duty of Loyalty and Best Efforts: Employee shall devote Employee's best efforts and substantially all of Employee's working time to performing the duties on behalf of Employer. Employee shall provide services during the hours that are scheduled by Employer. Employee shall be prompt in reporting to work at the assigned time. E. Place and Hours of Employment: Employee agrees that his/her duties shall be rendered at Employer’s business premises or at such other places as Employer may require. Full time service from Employee is expected, which requires a minimum of (__) hours per week. 2. COMPENSATION A. Base Compensation: Employee shall receive a salary of ____________________________________ per [HOUR/WEEK/MONTH] payable in equal installments in accordance with the ordinary and customary payroll practices © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 of Employer. Employer shall deduct or withhold from compensation any and all sums required for federal income and social security taxes, as well as all state or local taxes. B. Commission: As additional compensation for services to be rendered under this Agreement, Employee shall be entitled to commission income on the following basis: [DESCRIBE BASIS OF COMMISSIONS]. C. Expense Reimbursement: Employee shall be entitled to reimbursement of all reasonable expenses authorized and reasonably incurred in the performance of his/her duties under this Agreement, subject to reasonable expense reimbursement policies as may be instituted from time to time by Employer. To receive reimbursement, Employee shall timely provide Employer with an itemized account of all expenditures and receipts. D. Salary Adjustments: Employer may, at times, adjust salaries depending on Employee’s performance, overall performance of Employer, and other competitive factors. 3. BENEFITS A. Insurance: To the extent offered and maintained by Employer, Employee shall be entitled to participate in Employer’s medical and dental plans, life and disability insurance plans, and retirement plans, pursuant to their terms and conditions. Employee shall be entitled to participate in any other benefit plan offered by Employer to its employees during the term of this Agreement, other than stock option or stock incentive plans. Nothing in this Agreement shall be construed as requiring Employer or any affiliate of Employer to offer or maintain any particular employee benefit plan or program or preclude Employer from terminating same from time to time. B. Vacation: Employee shall be entitled to weeks of vacation for each year of full employment, exclusive of legal holidays, as long as the scheduling of Employee's vacation does not interfere with Employer’s normal business operations. 4. TERMINATION Employee’s employment with Employer is “at will”. “At will” is defined as allowing either Employee or Employer to terminate their employment agreement at any time, for any reason permitted by law, with or without cause, and with or without notice. 5. COVENANTS A. Non-Disclosure Proprietary or Confidential Information: Employee agrees not to use, disclose, or communicate proprietary or confidential information about Employer, its operations, customers, or any other proprietary or confidential information, that relates to Employer’s business. Employee understands that any breach of this provision, or of any other confidentiality or non-disclosure agreement, is a material breach of this Agreement. © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 B. Non-Solicitation of Employer’s Customers: Employee agrees that for a period of _________________months following termination of employment, for any reason whatsoever, Employee will not solicit customers or clients of Employer. C. Non-solicitation Covenant: Employee agrees not to recruit any of Employer’s employees for the purpose of any outside business either during or for a period of _____________________ months after Employee’s term of employment with Employer has terminated. 6. INDEMNIFICATION FOR THIRD-PARTY CLAIMS Employee hereby agrees to indemnify, defend, save, and hold harmless Employer, its shareholders, officers, directions, and other agents from and against all claims, liabilities, causes of action, damages, judgments, attorneys’ fees, court costs, and expenses arising out of or relating to Employee’s performance of job functions or duties under this Agreement, Employee’s failure to perform job functions or duties as required, or Employee’s engagement in any activity outside the scope of this Agreement, before, during or after the termination of this Agreement. Employee understands that this obligation of indemnification survives the expiration or termination of this Agreement. 7. MEDIATION AND BINDING ARBITRATION In the event a claim or dispute arises between the parties to this Agreement, arising out of or relating to this Agreement, or breach thereof, the parties agree to participate in mediation prior to filing a formal complaint in a court of law. The parties agree to share equally in the costs of mediation. 8. LIMITATION OF DAMAGES Employee agrees and stipulates that any remedies he or she may have for the breach of this Agreement or any employment related obligation, shall be limited to the equivalent of six (6) month’s of Employee’s salary. This limitation is inclusive of any claims for special damages, general damages, and compensatory damages, loss of income, emotional damages, or punitive damages. 9. ATTORNEYS’ FEES AND COSTS Employee and Employer agree that should any action be instituted by either party against the other regarding the enforcement of the terms of this Agreement, the prevailing party shall be entitled to all of its expenses related to such litigation including, but not limited to, reasonable attorneys' fees and costs, both before and after judgment. 10. MISCELLANEOUS PROVISIONS A. Notices. All notices shall be sent to the following address: © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 For Employer: _____________________ _____________________ _____________________ For Employee: _____________________ _____________________ _____________________. B. Entire Agreement: This Agreement constitutes the entire Agreement, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other Agreements, whether oral or written, relating to the subject matter of this Agreement. C. Severability of Agreement: To the extent that any provision hereof is deemed unenforceable, all remaining provisions of this Agreement shall not be affected thereby and shall remain in full force and effect. D. Waiver of Breach: The waiver by Employer of a breach of any provision of this Agreement by Employee shall not operate as a waiver of any subsequent breach by Employee. No waiver shall be valid unless placed in writing and signed by an Officer of Employer. E. Choice of Law, Jurisdiction, and Venue: This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of ______________, without regard to conflicts of law principles. The parties further agree and consent that venue of any action hereunder shall be exclusively in the County of ___________, in the State of _______. IN WITNESS WHEREOF, Employer and Employee have executed this Agreement as of the date first above written. EMPLOYER EMPLOYEE ___________________________ __________________________ [NAME] [NAME] © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5
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