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An At Will Employment Agreement is between an employer and employee which establishes that either party can end the employment relationship at anytime without advance notice. The employment relationship can end at any time, for any reason permitted by law, with or without cause, and with or without notice. This agreement is ideal for small businesses and other entities that want to establish “at will” employment with their employees.
An At Will Employment Agreement is between an employer and employee which establishes that either party can end the employment relationship at anytime without advance notice. The employment relationship can end at any time, for any reason permitted by law, with or without cause, and with or without notice. This agreement is ideal for small businesses and other entities that want to establish “at will” employment with their employees. AT-WILL EMPLOYMENT AGREEMENT THIS AT-WILL EMPLOYMENT AGREEMENT (the “Agreement”) is made and entered into as of [DATE] 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 terms and conditions of this Agreement; NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, Employer and Employee hereby agree as follows: TERMS I. DESCRIPTION OF DUTIES A. Name of Position. Employee shall be employed in the capacity of: [NAME OF POSITION]. 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 employed in similar 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 its duties on behalf of Employer. Employee shall provide services during the hours 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 for Employee is expected, which requires a minimum of ____ (___) hours per [HOUR/WEEK/MONTH]. II. COMPENSATION © Copyright 2013 Docstoc Inc. 2 A. Base Compensation. Employee shall receive a base pay of ______ dollars ($__) per [HOUR/WEEK/MONTH] payable in _____ installments per month. Employer shall deduct or withhold from compensation any and all sums required for federal income, social security taxes, and all state and/or local taxes. B. Commission. As additional compensation for services to be rendered under this Agreement, Employee shall be entitled to a commission income on the following basis: _____________________________________________. (If inapplicable, strike paragraph, and both sides should initial.) C. Expense Reimbursement. Employee [SHALL OR SHALL NOT] be entitled to reimbursement of any or all reasonable expenses authorized and reasonable expenses incurred in the performance of his/her duties under this Agreement. 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 Employee’s Salary depending upon overall company performance or changes in salaries of those in similar positions in the industry. III. BENEFITS A. Insurance. Employer shall supply [DESCRIBE TYPE OF INSURANCE] insurance benefits after [NUMBER] days of employment. B. Vacation. Employer’s vacation policy is as follows: [DESCRIBE VACATION POLICY] IV. TERMINATION “At-Will” Employment. Employee’s employment with Employer is “At-Will.” “At- Will” is defined as allowing either Employee or Employer to terminate their Agreement at any time, for any reason permitted by law, with or without cause ,and with or without notice. V. COVENANTS A. Non-Disclosure of 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 relating to Employer’s business. Employee understands and that any breach of this provision, or of any other Confidentiality or Non-Disclosure Agreement, is a material breach of this Agreement. B. Non-Solicitation of Employer’s Customers. Employee agrees that for a period of _______ (__) [NUMBER OF MONTHS] months following termination of © Copyright 2013 Docstoc Inc. 3 Employee’s employment, for any reason whatsoever, Employee will not solicit customers or clients of Employer. C. Non-Recruit 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 ______ (__) [NUMBER OF MONTHS] months after Employee’s term of employment with Employer terminates. VI. 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, arising out of Employee’s failure to perform job functions or duties as required, or resulting from Employee’s conduct undertaken while engaging in any activity outside the scope of this Agreement, before, during, or after termination of this Agreement. Employee understands that this obligation of indemnification survives the expiration and/or termination of this Agreement. VII. MEDIATION AND BINDING ARBITRATION In the event a claim or dispute arises between the parties to this Agreement, 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 such mediation. VIII. LIMITATION OF DAMAGES Employee agrees and stipulates that any remedies she/he may have for the breach of any employment-related obligation, whether under law or by way of contract, shall be limited to the equivalent of ____ (__) months’ of Employee’s salary where allowed by law. This limitation is inclusive of any claims for special damages, general damage, compensatory damages, loss of income, emotional damage, or punitive damages. IX. 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 recover all of its expenses related to such litigation including, but not limited to, reasonable attorneys' fees and costs, both before and after judgment. X. MISCELLANEOUS PROVISIONS A. Notices. Notices relating to this Agreement shall be sent to the following addresses: © Copyright 2013 Docstoc Inc. 4 For Employer: _____________________ _____________________ _____________________ For Employee: _____________________ _____________________ _____________________ B. Entire Agreement. This Agreement constitutes the entire agreement between the parties, 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. To the extent that any provision herein 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. 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 executed 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 [STATE], without regard to conflicts of law principles. The parties voluntarily consent to the jurisdiction of all Federal and State Courts located in the State of ________ [STATE]. The Parties further agree and consent that venue of any action hereunder shall be undertaken exclusively in the County of [COUNTY], State of ______ [STATE]. IN WITNESS WHEREOF, Employer and Employee have both executed this Agreement as of the date first above-written. EMPLOYER EMPLOYEE ____________________________ ____________________________ [NAME] [NAME] © Copyright 2013 Docstoc Inc. 5
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