This is an agreement between a company and a technical employee for "at will" employment. This agreement defines the job duties of the technical employee and specifies the starting salary. The technical employee is hired on an "at will" basis and either party can terminate the relationship at any time, for any reason, without notice. In addition, the insurance benefits the company will provide can be attached under “Exhibit B” of this agreement. This agreement should be used by small businesses or other entities that want to hire a technical employee on an "at will" basis.
This is an agreement between a company and a technical employee for "at will" employment. This agreement defines the job duties of the technical employee and specifies the starting salary. The technical employee is hired on an "at will" basis and either party can terminate the relationship at any time, for any reason, without notice. In addition, the insurance benefits the company will provide can be attached under “Exhibit B” of this agreement. This agreement should be used by small businesses or other entities that want to hire a technical employee on an "at will" basis. TECHNICAL EMPLOYEE AT-WILL EMPLOYMENT AGREEMENT THIS EMPLOYMENT AGREEMENT (this “Agreement”) is made and entered into as of the___ day of ______________, 20___ [Instruction: Insert Date] (the “Effective Date”) by and between ___________________ [Instruction: Insert Name of Employer], _______________________ [Instruction: Insert Address] (“Employer”), and ___________________ [Instruction: Insert Name of Employee], ______________ [Instruction: Insert Address] (“Employee”). 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 as set forth herein, Employer and Employee hereby agree as follows: 1. EMPLOYMENT A. Employee shall be employed in the capacity of: _____________________________ [Instruction: Insert Name of Position]. The essential job functions and duties of this position are as follows: i. _____________________________ [Instruction: Insert job functions/duties] ii. _____________________________ [Instruction: Insert job functions/duties] iii. _____________________________ [Instruction: Insert job functions/duties] B. 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. C. 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. D. Employee agrees that Employee’s 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 forty (40) hours per week. 2. TERM AND TERMINATION © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 2 Employee’s employment with Employer shall be “at will”. “At will” is defined as allowing either Employee or Employer to terminate the Agreement at any time, for any reason permitted by law, with or without cause and with or without notice. 3. COMPENSATION A. As full compensation for all services provided for herein, Employer shall pay Employee a salary, at an annual rate of _____________ Dollars ($______) [Instruction: Insert Salary] (the “Salary”) to be paid in regular installments in accordance with Employer’s usual payment practices, but not less frequently than monthly. Employer shall deduct or withhold from Salary any and all sums required for federal income and social security taxes, as well as all state or local taxes. B. As additional compensation for services to be rendered hereunder, Employee shall be entitled to a commission income pursuant to the terms and conditions set forth in Exhibit “A”, attached hereto and incorporated herein. C. Employee shall be entitled to reimbursement of any or all reasonable expenses authorized and reasonably incurred expenses incurred in the performance of Employee’s duties hereunder. To receive reimbursement, Employee shall timely provide Employer with an itemized account of all expenditures and receipts. 4. BENEFITS A. After ninety (90) days of employment, Employee shall become eligible for insurance benefits under Employer’s health care provider, as set forth in Exhibit “B”, attached hereto and incorporated herein. B. Employee shall be entitled to vacation time in the amount of _______ (___) [Instruction: Insert Vacation Amount] days per annum, during which time Employee’s compensation shall be paid in full. 5. PROPRIETARY INFORMATION A. Employee understands that in performance of Employee’s job duties with Employer, Employee may be exposed to Employer’s trade secrets, patents, and other proprietary information (collectively, the “Proprietary Information”). For the purposes of this Agreement, “Proprietary Information’" shall mean any and all information or material that is commercially valuable to Employer and not generally known in the industry. This shall include, but shall not be limited to: (i) any and all versions of Employer's Internet website or software systems (including source code and object code), hardware, firmware and documentation; (ii) technical information concerning Employer's products and services, including but not limited to, product specifications, diagrams, test results, inventions, research projects and product development; (iii) information concerning Employer's business, including but not limited to, cost information, profits, revenue, accounting information, business plans, marketing methods, customer lists, supplier lists and supplier information and advertising strategies; and (iv) any other information © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 3 not generally known to the public which, if misused or disclosed, could reasonably be expected to have an adverse effect on Employer's business. B. Employee understands that it is Employee’s obligation to maintain the confidentiality and security of Employer's Proprietary Information even after Employee’s employment with Employer terminates. Such obligation continues for so long as such material remains Proprietary Information. C. Employee agrees not to use, disclose or communicate Proprietary Information about Employer, its operations, customers, or any other Proprietary Information. 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. 6. NON-SOLICITATION A. Employee agrees that for a period of _____________ ( ) months [Instruction: Insert Amount of Time] following termination of employment, for any reason whatsoever, Employee will not solicit customers or clients of Employer. B. Employee agrees that during Employee’s term of employment with Employer and for a period of _____________ [Instruction: Insert Amount of Time, e.g., “10 months”, “2 years”, etc.] following termination of employment, for any reason whatsoever, Employee will not recruit any of Employer’s employees for the purpose of any outside business. 7. INDEMNIFICATION 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 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. 8. LIMITATION OF DAMAGES Employee agrees and stipulates that any remedies they 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 six (6) month’s salary of Employee, where allowed by law. This limitation is inclusive of any claims for special damages, general damage, compensatory damage, loss of income, emotional damage, or punitive damages. 9. MISCELLANEOUS © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 4 A. Employee acknowledges that his services are unique and personal. Accordingly, Employee may not assign his rights or delegate his duties or obligations under this Agreement. Employer's rights and obligations under this Agreement shall inure to the benefit of, and shall be binding upon, Employer's successors and assigns. B. Employer's waiver of a breach of any provision of this Agreement by Employee shall not operate or be construed as a waiver of any subsequent breach by Employee. No waiver shall be valid unless in writing and signed by an authorized officer of Employer. C. This Agreement shall be governed in accordance with the laws of the State of _____________, [Instruction: Insert State], applicable to agreements to be wholly performed therein, with jurisdiction exclusive to the Federal and State courts located in the County of _____________ [Instruction: Insert County], State of ______________ [Instruction: Insert State]. D. 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. E. This Agreement constitutes the entire agreement between the parties hereto with respect to the specific subject matter hereof and supersedes all prior agreements or understandings of any kind with respect to the specific subject matter hereof. IN WITNESS WHEREOF the parties have duly executed this Agreement as of the date first written above. EMPLOYER: ________________________________ By: ___________________________ [Instruction: Insert Name of Signatory] Title: ___________________________ [Instruction: Insert Title of Signatory] EMPLOYEE: ________________________________ By: ___________________________ [Instruction: Insert Name of Signatory] SSN: ___________________________ [Instruction: Insert Social Security Number] © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 5 Exhibit “A” Commissions ___________________________ [Instruction: Insert Terms and Conditions, if any, regarding Employee’s receipt of Commissions] © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 6 Exhibit “B” Insurance Benefits ___________________________ [Instruction: Insert Insurance Benefits information] © Copyright 2013 Docstoc Inc. registered document proprietary, copy not 7
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