This is an agreement between an employer and an employee outlining the terms of the employment of the employee, including employment period, compensation, scope of work, benefits, and holidays. The agreement also contains restrictive covenants, such as a confidentiality clause whereby the employee agrees not to reveal company confidential and proprietary information and a non-compete clause whereby the employee agrees not engage in or be employed in a competing company for a set amount of time. This employment agreement should be retained by the human resources department and kept in the employee's personnel file.
Employment Agreement 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. EMPLOYMENT AGREEMENT 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] RECITALS WHEREAS, Company wishes to hire Employee under the terms and conditions of this Agreement; WHEREAS, Employee wishes to work for Company under 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, the Company and Employee hereby agree as follows: TERMS 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 © Copyright 2015 Docstoc Inc. registered document proprietary, copy not 2 requires a minimum of ____________________ [Instructions: Insert the minimum number of hours per week Employee is expected to work] hours per week. 2. COMPENSATION 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. 3. TERM 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. 5. COVENANTS 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 © Copyright 2015 Docstoc Inc. registered document proprietary, copy not 3 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 damages. 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. [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK – SIGNATURE PAGE FOLLOWS] © Copyright 2015 Docstoc Inc. registered document proprietary, copy not 4 IN WITNESS WHEREOF, the Company and Employee have executed this Agreement as of the date written below. COMPANY _____________________________ 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] EMPLOYEE _____________________________ Name: ____________________ [Instructions: Insert the Employee’s name] Date: ____________________ [Instructions: Insert the date of the signature] © Copyright 2015 Docstoc Inc. registered document proprietary, copy not 5
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