EMPLOYMENT CONTRACT
______________________
BE IT KNOW, that this AGREEMENT, entered into on [EFFECTIVE_DATE] between
[EMPLOYER_NAME], (hereafter referred to as the “Employer”), located at
[EMPLOYER_ADDRESS], [EMPLOYER_CITY], [EMPLOYER_STATE]
[EMPLOYER_ZIP_CODE] and [EMPLOYEE_NAME] (hereafter referred to as the
“Employee”) residing at [EMPLOYEE_ADDRESS] [EMPLOYEE_CITY],
[EMPLOYEE_STATE] [EMPLOYEE_ZIP_CODE].
IN WITNESS THEREOF, the above parties wish to enter into this Agreement and
express the need to define and set forth within this instrument, the terms and conditions of
employment of the above named employee by [EMPLOYER_NAME].
THEREFORE, in consideration of the mutual covenants and agreed upon stipulations set
forth below, it is hereby solemnly agreed upon and thus legally binding by the Employer and the
Employee as follows:
1. EMPLOYMENT
[EMPLOYER_NAME], in the business of [TYPE_OF_BUSINESS], operating at
[PLACE_OF_EMPLOYMENT_ADDRESS], [PLACE_OF_EMPLOYMENT_CITY],
[PLACE_OF_EMPLOYMENT_STATE] [PLACE_OF_EMPLOYMENT_ZIP], does hereby
employ [EMPLOYEE_NAME] in the position of [JOB_TITLE], and the Employee does hereby
agree to serve in such capacity, beginning [EMPLOYMENT_STARTING_DATE], for a period
of [EMPLOYMENT_TERM] and ending at such date and time the Employee’s employment
may be terminated in accordance with below listed Paragraph 8 of the “Employment Period.”
2. PERORMANCE OF DUTIES
[EMPLOYEE_NAME], the Employee, hereby agrees that throughout his/her period of
employment s/he shall devote his/her full attention and time, during working hours, to the
performance of his/her duties and business affairs of the Employer, in addition to performing
said duties faithfully and efficiently as directed by the CEO or Supervisor of the Employer. It is
not the intention of the Employer to assign duties and responsibilities which are not typically
within the scope and characteristics associated with this position, or of which may be required of
other employees of similar rank and position. However, the Employer reserves the right to
increase and/or revise the Employee’s role and responsibilities, whether through reorganization
of his/her position or promotion. Any change in the Employee’s pay scale, due to the change of
responsibilities and/or promotion, will be at the sole discretion of the CEO and/or Supervisor.
3. DUTIES AND RESPONSIBILITIES
The detailed list of job duties and responsibilities for the Employee are as follows:
Specific Job Related Duties
[JOB_SPECIFIC_DUTIES]
4. COMPENSATION& BENEFITS
In accordance with the following terms and conditions of this Agreement, and throughout
Employee’s period of employment, compensation for his/her services will be as follows:
Employee will receive [EMPLOYEE_PAY_PERIOD] salary of $
[EMPLOYEE_PAY_ANNUAL_SALARY_AMOUNT], payable by way of direct deposit,
with yearly evaluations and/or rate increases as deemed appropriate and said amount to be
determined by the CEO/Supervisor of the Employee.
The work week runs from Monday through Friday with paychecks issued as follows:
Weekly pay check issued every
[EMPLOYEE_PAY_DAY_OF_THE_WEEK] with the weekly pay period
ending [EMPLOYEE_PAY_PERIOD_DAY_OF_WEEK]
Bi-Monthly pay check issued on the
[EMPLOYEE_PAY_FIRST_PAYMENT] and
[EMPLOYEE_PAY_SECOND_PAYMENT] day of every month.
Employee will be entitled to one day of paid time off for every [VACATION_DAYS]
days of employment, with adequate written notice.
Employee will be entitled to other similar benefits of employees of similar rank and
position.
Employee shall be entitled to company benefits as follows:
[BENEFITS_EMPLOYEE_RECEIVE]
5. DISABILITY
Subject to the provisions stipulated within Paragraph 8, should the Employee’s
employment be terminated by reason of his/her disability (as expressed below), the
Employee will continue to receive his/her regular annual salary and benefits in
accordance with paragraphs 4(a) and 4(b) to the end of the
[TERMINATION_WRITTEN_NOTICE_DUE_TO_DISABILITY] full calendar months
in connection with said disability, and which is not to exceed beyond of the Employment
Period. For intended purpose of this Agreement, “disability” is defined as a physical or
mental impairment which would render the Employee incapable of performing his/her
duties and responsibilities as determined by an independent physician provided and paid
for by the Company.
6. CONFIDENTIALITY- UNAUTHORIZED DISCLOSURE
Within or after the Employment Period, the Employee shall at no time divulge, release, or
remove for his/her use or that of any other individual or company, any documentation,
information, or knowledge pertaining to the operation or business of the Employer or any
of its subsidiaries or affiliates, obtained or made available to him/her during the course of
his/her employment with the company, subsidiaries or affiliates. Furthermore, the
Employer and Employee agree as follows:
(a) Confidential Information includes, but is not limited to,
[CONFIDENTIAL_INFORMATION_ITEMS].
[CONFIDENTIAL_INFORMATION_OTHER]
(b) Confidential information excludes that which is public knowledge.
(c) Employee shall not copy or modify any Confidential Information without prior
written consent of Supervisor and/or CEO.
(d) Employee shall, upon termination of employment (whether voluntary or
involuntarily), immediately return to the Employer any and all written documents
and/or materials of a confidential nature.
Unauthorized Disclosure
Should the Employee, during, or after termination of employment, disclose or threaten to
disclose any information of a confidential nature, the Employee shall be deemed in
violation of this Agreement, and the Employer at that time shall be entitled to obtain an
injunction to restrain the Employee from disclosing or further disclosing, in whole or in
part, Confidential Information. The Employer shall also be entitled to pursue other legal
remedies, as may be deemed appropriate, for any loss and/or damages incurred as a result
of any unauthorized disclosure made by the Employee during or after termination of
employment.
7. REMEDIES
Should the Employee, at any time, violate any of the covenants or agreements set forth in
paragraphs six (6) or seven (7), the Employer reserves the right to immediately terminate
employment of Employee, and terminate all its obligations to make any further payments
under this Agreement. The Employee acknowledges that the Employer could incur
permanent and irreversible damage and injury though a violation of paragraphs six (6)
and/or seven (7), and as such agrees, that the Employer shall be entitled to any legal
remedy or injunction, as may be deemed appropriate by Employer or Court of Law, from
any actual or threatened breach of this Agreement.
8. AMENDMENT AND/OR CANCELLATION OF AGREEMENT
The Amendment or cancellation of this Agreement, with written notice when feasible,
must be made by way of the mutually written agreement of both parties (the Company
and Employee).
Any “Amendment” to the original Employment Contract must not only be made by way
of a mutual written agreement by both parties, but said amendment must also contain a
start date and time period for this amendment to the original Employment Contract.
The Employment Period shall be cancelled at the time when any of the following may
occur:
(a) Date of “at-will” termination by either employee or employer;
(b) The last day of the month in which the Employee’s death occurs;
(c) Date on which the Employer provides notice to Employee for termination due to
disability.
(d) Cause shall include, but is not limited to Employee’s gross misconduct, material
damage to the Employer or willful breach of this Agreement, or;
(e) Should either the Employer or Employee decide to terminate their working
relationship and/or this “Employment Contract,” the party wishing to end this
agreement, either due to the completion of the project for which the employee was
hired or the employee seeking employment elsewhere, shall provide a minimum
advance written notice of [TERMINATION_EMPLOYER_ADVANCE_NOTICE]
days by the Employer or a minimum advance written notice of
[TERMINATION_EMPLOYEE_ADVANCE_NOTICE] days by the Employee.
9. NOTICES
Any notice required or allowable, made in accordance with this Agreement, must be
made in writing and sent by registered mail to the Employee at his/her home address or to
the Employer at its principal headquarters, whichever the case may be.
10. COMPLIANCE WITH EMPLOYER’S RULES
The Employee agrees to comply with all of the Employer’s Rules and Regulations (i.e.
Rules of Conduct) in accordance with the Employer’s policies.
11. APPROVED EXPENSE REIMBURSEMENT
Employer shall
[PROVIDE_OR_NOT_PROVIDE_OUT_OF_POCKET_REIMBURSEMENT] to the
Employee, in accordance with Company policy, for any reasonable out of pocket
expenses authorized by the Employer, including the following:
[OUT_OF_POCKET_WHAT_EXPENSES]
12. EDUCATION AND/OR TUITION REIMBURSEMENT
The Employer shall reimburse the Employee for [WRITTEN_NUMERICAL_VALUE]
percent of the pre-approved Educational Institution/College costs up to a maximum of
[NUMBER_OF_CREDITS] credits per year from an accredited institution.
Reimbursement for any course shall be contingent upon prior approval from the
Employer prior to the Employee’s enrollment, and the submission of official transcript as
proof of successful completion of the course(s) with a minimum grade of
[EDUCATION_LETTER_GRADE] to qualify for reimbursement. Should the Employee
fail to meet the minimum required grade level, the cost for the specific course in which
the Employee failed to meet minimum requirement, and any required book or
supplement, shall become the sole responsibility of the Employee.
The Employer shall pay or reimburse Employee the cost for any book(s) and/or
supplement material required for each pre-approved course that the Employee is enrolled
and has successfully completed by achieving the minimum grade level requirement as
aforementioned.
13. RETURN OF EMPLOYER PROPERTY
At the end of the Employee’s contract or upon termination of employment, whether
voluntary or involuntary, said Employee shall immediately return to the Employer any
and all company property including, but not limited to, the following:
(a) Key or Key Card(s) granting access to the building and/or offices or area’s located
within the building;
(b) Company Car (if applicable);
(c) Company Identification (ID);
(d) Computer (if applicable);
(e) Business Cards (if applicable);
(f) Company Credit Cards (if applicable); and any
(g) Employer related documents and/or material.
The Employer reserves the right, and shall be entitled to pursue any legal remedies, as
may be deemed appropriate, for any loss and/or damages incurred as a result of
Employee’s failure to return Employer property after termination of employment.
14. NON-ASSIGNMENT
Any interests pertaining to the Employee under the Agreement are not subject to any
claims of his/her creditors and may not be voluntarily or involuntarily assigned, alienated
or encumbered.
15. NON-COMPETE
During Employee’s period of employment with the Employer, in the State of
[PLACE_OF_EMPLOYMENT_STATE], and for a period of
[NON_COMPETE_TIME_PERIOD] years following termination of employment
however caused, the Employee shall not seek or gain employment with any business that
is competition with the Employer, its subsidiaries or affiliates within [NON-
COMPETE_WHICH_STATE].
The Employee agrees that the above established restrictions are reasonable and fair, and
all defenses to the strict enforcement of this stipulated non-compete covenant by the
Employer are waived by you.
16. NON-SOLICITATION OF CLIENTS
Employee herein agrees that s/he will not, without the prior written consent of Employer,
at any time, within the State of [NON_COMPETE_WHICH_STATE], whether during
employment or for a period of [NON_COMPETE_TIME_PERIOD] years after
termination of employment, either by their own actions for your behalf or behalf of any
other party or company competing or endeavoring to compete with the Employer, either
directly or indirectly solicit, attempt to solicit, and/or contact for the purpose of soliciting
a client of the Employer for your own benefit or for the benefit of any other individual
competing with the Employer within the State of [NON_COMPETE_WHICH_STATE].
17. NON-SOLICITATION OF EMPLOYEES
Employee herein agrees that s/he will not, without the prior written consent of Employer,
at any time, within the State of [NON_COMPETE_WHICH_STATE], whether during
employment or for a period of [NON_COMPETE_TIME_PERIOD] years after
termination of employment, either by their own actions for your behalf or behalf of any
other party or company competing or endeavoring to compete with the Employer, either
directly or indirectly solicit, attempt to solicit, and/or contact for the purpose of soliciting
an employee of the Employer for your own benefit or for the benefit of any other
individual competing with the Employer within [NON_COMPETE_WHICH_STATE].
18. OWNERSHIP OF SOCIAL MEDIA CONTACTS
[SOCIAL_MEDIA_ACQUIRED] has sole ownership over any social medial contacts,
acquired before and/or throughout Employee’s term of employment, including, but not
limited to “followers” or “friends” which may be or have been acquired through such
accounts as email addresses, blogs, Twitter, Facebook, YouTube or any other social
media network that has been used or created on behalf of the Employer.
19. OWNERSHIP OF INTELLECTUAL PROPERTY
Throughout the Employee’s term of employment with the Employer, whether during the
fulfillment of his/her normal duties and responsibilities or others which may be
specifically assigned to the Employee, either on his/her own or in connection with
another individual, the Employee develops or creates any such intellectual property,
including but not limited to any work where a copyright exists or may exist, the
Employee shall immediately notify the Employer. In addition, the Employee
acknowledges and agrees that any and all such intellectual property, copyright and other
intellectual property rights, shall be deemed the ownership of the Employer.
The Employee hereby waives unconditionally and irrevocably any and all moral or any
such rights of a similar nature with respect to any work where a copyright exists, may
exist or later exists, in which the copyright is created by the Employee during
employment in each jurisdiction worldwide, and that such rights may be waived for each
respective jurisdiction. The waiver hereby extends to any and all respective acts of the
Employer, its successors, assigns, licensees and any acts of third party individuals with
the authority of the Employer, its successors and/or assigns.
20. SUCCESSORS
The contents of this Agreement shall be legally binding upon the Employer, and its
successors or assigns by any individual or company acquiring, whether by sale or merger
or otherwise, all or substantially all of the Employer’s assets and business.
21. ENTIRE AGREEMENT
This Agreement contains the complete and entire agreement of both the Employer and
Employee, and there are no other promises or conditions, oral or written, outside of what
is contained herein this Agreement. This Agreement supersedes any prior written or oral
agreements between both parties.
22. SEVERABILITY
Should any provision contained within this Agreement be deemed invalid or
unenforceable, in part or in whole, such invalidity or unenforceability will attach only to
that particular provision or part of this Agreement while the remaining aspects of said
provision and all other provisions of this Agreement shall remain in full force and effect.
23. APPLICABLE LAW
The provisions of the Agreement shall be interpreted in accordance with the current laws
of the State of [STATE_LAWS_APPLY].
24. COPY OF AGREEMENT
The Employee acknowledges receipt of a copy of this Agreement signed by both the
Employee and the Employer.
IN WITNESS WHEREOF, the Employee has hereunto set his/her hand, and the
Employer has caused this instrument to be executed in its name and on its behalf, as of
[DATE_CONTRACT_SIGNED]
(Employee Signature)
[EMPLOYEE_NAME]
(Employee Name Typed or Printed)
(Employer/Duly Authorized Representative Signature)
[EMPLOYER_SIGN_CONTRACTS_NAME
(Employer/Duly Authorized Representative Name Typed or Printed)