Protect your company by properly setting forth the employment expectations and rights
of an employee with this Employment Agreement. The essential employment terms,
such as compensation details and job duties are included and can be customized to fit
the specific needs of the parties. In addition, it contains restrictive covenants which
protect the company by prohibiting the employee from competing with the company or
disclosing its confidential information. This agreement should be used by small
businesses that want to clearly establish the terms of an employment relationship.
THIS EMPLOYMENT AGREEMENT (hereinafter referred to as the “Agreement”) is made
and entered into as of ____________________ [Instructions: Insert the date of this
agreement] (hereinafter referred to as the “Effective Date”), by and between
____________________ [Instructions: Insert the Company’s name] (hereinafter referred to as
the “Company”), of ____________________________________________________________
[Instructions: Insert the Company’s address] and ____________________ [Instructions:
Insert the Employee’s name] (hereinafter referred to as the “Employee”), of
____________________________________________________________. [Instructions: Insert
the Employee’s address]
WHEREAS, Company wishes to hire Employee under the terms and conditions of this
WHEREAS, Employee wishes to work for Company under the terms and conditions of this
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other
good and valuable consideration as set forth herein, the Company and Employee hereby agree as
1. DESCRIPTION OF DUTIES
A. Name of Position. The Employee shall be employed in the capacity of a
_______________________. [Instructions: Insert the Employee’s job title]
B. Essential Job Functions and Duties. The essential job functions or duties of this position are
[Instructions: Insert the Employee’s job duties]
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 the Company.
D. Duty of Loyalty and Best Efforts: The Employee shall devote the Employee’s best efforts
and substantially all of the Employee’s working time to performing the duties on behalf of
Company. The Employee shall provide services during the hours that are scheduled by
Company. The 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
Company’s business premises or at such other places as the Company may require. The
Employee is expected to work [Instructions: Choose one] full-time // part-time, which
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requires a minimum of ____________________ [Instructions: Insert the minimum
number of hours per week Employee is expected to work] hours per week.
A. Base Compensation: Employee shall receive a [Instructions: Choose one] yearly salary //
hourly wage of $___________________ [Instructions: Insert the yearly salary or hourly
wage Employee will receive] Dollars payable in equal installments in accordance with the
ordinary and customary payroll practices of the Company. Company 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. 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 Company. To receive reimbursement, Employee shall timely provide
Company with an itemized account of all expenditures and receipts.
C. Salary Adjustments: Company may at times adjust salaries depending on Employee’s
performance, overall performance of the Company, and other competitive factors.
Employee’s employment with Company is “at will.” “At will” is defined as allowing either
Employee or Company to terminate the Agreement at any time, for any reason permitted by law,
with or without cause and with or without notice.
4. OBSERVANCE OF COMPANY RULES
Employee will observe Company’s rules and regulations with respect to conduct, health, safety
and protection of persons and property while on Company premises or while attending to
Company related business.
A. Non-Disclosure of Proprietary or Confidential Information: Employee agrees not to use,
disclose or communicate, proprietary or confidential information about Company, its
operations, customers, or any other proprietary or confidential information, that relate to
Company’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.
Employee agrees to keep such information confidential for the length of employment and
for an indefinite period thereafter.
B. Non-Solicitation of Company’s Customers: Employee agrees that for a period of
___________________ [Instructions: Insert the length of time after termination that
Employee will be prohibited from soliciting the Company’s consumers. e.g. 3 months, 6
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months, etc.] following termination of employment, for any reason whatsoever, Employee
will not solicit customers or clients of Company.
6. INDEMNIFICATION FOR THIRD PARTY CLAIMS
Employee hereby agrees to indemnify, defend, save, and hold harmless Company, its
shareholders, officers, directions, and other agents from and against all claims, liabilities, causes
of action, damages, judgments, attorneys’ fees, court costs, and expenses which arise out of or
are related to the Employee’s performance of job functions or duties under this Agreement,
failure to perform job functions or duties as required, or result from conduct while engaging 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. LIMITATION OF DAMAGES
Employee agrees and stipulates that any remedies they he or she may have for the breach of this
Agreement or any employment related obligation, shall be limited to $_______________.
[Instructions: Insert the maximum amount Employee can recover from the Company for
any breach of this agreement] This limitation is inclusive of any claims for special damages,
general damage, and compensatory damage, loss of income, emotional damage, or punitive
8. MISCELLANEOUS PROVISIONS
A. 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.
B. 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.
C. Waiver of Breach: The waiver by Company of a breach of any provision of this Agreement
by Employee shall not operate as a waiver of any subsequent breach by the Employee. No
waiver shall be valid unless placed in writing and signed by an officer of Company.
D. Choice of Law: This Agreement shall be construed in accordance with, and governed in all
respects by, the laws of the State of ___________________ [Instructions: Insert the state
whose laws will govern this agreement] without regard to conflicts of law principles.
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IN WITNESS WHEREOF, the Company and Employee have executed this Agreement as of
the date written below.
Name: ____________________ [Instructions: Insert the name of the Company’s signatory]
Title: ____________________ [Instructions: Insert the job title of the Company’s signatory]
Date: ____________________ [Instructions: Insert the date of the signature]
Name: ____________________ [Instructions: Insert the Employee’s name]
Date: ____________________ [Instructions: Insert the date of the signature]
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