This Employment Contract (the "Contract") is entered into and made
effective as of the date set forth at the end of this document by
and between the following parties:
____________ with a
mailing address at
with a mailing address at
Employment. This Agreement is made for a permanent, full-time
position. Employee’s employment with the Employer is
"at-will," which means that either Employee or the Employer may
terminate Employee’s employment at any time and for any
reason, with cause and notice.
Job Title and Location. Employee’s job title is
[insert job title],
and Employee’s primary work location is
Duties. Employee will perform the duties of Employee’s
position, as may be described in Employee’s job description
from time to time and as may be reasonably requested by
Compensation. Employee’s current annual salary is
Employee’s salary may be increased or decreased by the
Employer at any time, at the Employer's sole discretion. Employee
will be eligible for an annual performance bonus, the amount of
which will be determined by the Employer in its sole discretion.
Benefits. Employee will be eligible to participate in the
Employer's benefit plans, as may be in effect from time to time,
subject to the terms and conditions of those plans.
Time Off. Employee will be entitled to
weeks of paid vacation per year, to be taken at such times as may
be approved by Employee’s supervisor. Employee will also be
[insert number of]
paid sick days per year.
Confidentiality. Employee hereby covenants and agrees not to
release or otherwise disclose any Trade Secret Information, as
hereinafter defined, that Employee may have received in the course
of the employment. Trade Secret Information includes, but is not
limited to, any formula, process, method, pattern, design, or
other information that is not known or reasonably ascertainable by
the public, consumers, or competitors through which, and because
of such secrecy, an economic or commercial advantage can be
achieved. If Employee received any Confidential Information, as
hereinafter defined, not subject to trade secret protection,
Employee shall maintain the secrecy of such information for a
period of three (3) years after the termination of this Agreement.
Confidential Information shall be defined as any information which
is confidential and commercially valuable to Employer.
Confidential Information may be in the form of documents,
techniques, methods, practices, tools, specifications, inventions,
patents, trademarks, copyrights, equipment, algorithms, models,
samples, software, drawings, sketches, plans, programs or other
oral or written knowledge and/or secrets and may pertain to, but
is not limited to, the fields of research and development,
forecasting, marketing, personnel, customers, suppliers,
intellectual property and/or finance or any other information
which is confidential and commercially valuable to Employer.
Confidential Information shall not mean any information which: a) is
known or available to the public at the time of disclosure or became
known or available after disclosure through no fault of the
Employee; b) is already known, through legal means, to the Employee;
c) is given by the Employer to third parties, other than the
Employee, without any restrictions; d) is given to the Employee by
any third party who legally had the Confidential Information and the
right to disclose it, or e) is developed independently by the
Employee and the Employee can show such independent development.
Invention Assignment. Employee agrees that any inventions or ideas
that Employee develops during the course of Employee’s
employment with the Employer (whether or not during working hours)
that relate to the Employer's business or that result from any
work Employee performs for the Employer belong to the Employer.
Employee agrees to assign and do hereby assign to the Employer all
of Employee’s right, title, and interest in and to such
inventions or ideas, and Employee agrees to execute such documents
as the Employer may reasonably request to confirm the assignment.
Non-compete. During the term of Employee’s employment and
for a period of
[insert number of]
years after the termination of Employee’s employment,
Employee agrees that Employee shall not engage, directly or
indirectly, as proprietor, partner, officer, employee or
otherwise, in the same or similar activities as were performed for
Employer in any business within the same city as Employer's
non-solicitation. During the term of Employee’s employment
and for a period of
[insert number of]
years after the termination of Employee’s employment,
Employee agrees that Employee is prohibited from hiring or
attempting to hire any of Employer's other employees or staff.
Employee shall also be prohibited from soliciting any business
from current clients of Employer for a period of
Severability. If any provision of this Contract is held to be
invalid or unenforceable, the remaining provisions will remain in
full force and effect.
No Waiver. The failure of either party to enforce any provision of
this Contract will not constitute a waiver of future enforcement
of that provision or any other provision of this Contract.
Entire Agreement. This Contract constitutes the entire agreement
between Employee and the Employer regarding the terms of
Employee’s employment, and it supersedes all prior and
contemporaneous agreements between Employee and the Employer,
whether written or oral.
Amendment. This Contract may not be amended except in writing
signed by both Employee and a duly authorized representative of
Notice of Contract. Employee acknowledges that Employee has
received a copy of this Contract and that Employee has had the
opportunity to consult with an independent attorney of
Employee’s choice prior to signing it. Employee further
acknowledges that they are signing this Contract voluntarily and
that they are not relying on any promises or representations by
the Employer that are not set forth in this Contract.
Governing Law. This Agreement shall be governed in all respects by
the laws of the state of
__________ and any
applicable federal laws. Both Parties consent to jurisdiction
under the state and federal courts within the state of
Assignment. Employer's rights and obligations under this agreement
will inure to the benefit and be binding upon any of Employer's
successors and assignees.
Arbitration. Should any dispute arise between Employer and
Employee regarding this Agreement or the employment relationship
in general, including but not limited to, the hiring process,
Employee's performance and/or any possible termination, Employer
and Employee will confer in good faith and attempt to resolve such
dispute. If the Parties are unable to resolve the dispute, and
should either Party desire to pursue a claim against the other
Party, the only resource available to Employer and/or Employee
will be final and binding arbitration. The arbitration shall be
held in the state of
and be shall be conducted by an impartial third-party arbitrator.
The arbitration shall be confidential.
Probationary Period. Employee will be subject to a probationary
period of the following:
this probationary period, Employer may terminate the employment
relationship at any time, for any reason, in Employer's sole and
exclusive discretion, with or without notice.
Employee Covenants. Employee agrees to carry out and perform the
duties required by the Position to the best of Employee's skill,
ability, and experience. Employee agrees to execute the position
faithfully and in compliance with any of Employer's instructions,
written and/or oral, announced by Employer. Employee further
acknowledges and agrees that Employer may change Employee's
position, title, assignments, duties, responsibilities, and
reporting requirements at any time, and in Employer's sole and
exclusive discretion. Employee agrees that any such change will
not result in termination of this Agreement. Employee further
represents and warrants that it is not a party to or bound by any
other employment agreement or contractual obligation which would
prevent Employee from entering into this Agreement or fully
performing the employment duties hereunder.
Social Media. Any social media that Employee organizes and manages
for Employer, as well as any social media "followers," "friends,"
or "contacts" acquired on Employer's social media accounts shall
be the sole and exclusive property of Employer. Employee shall
have no right to such intellectual property. Social media for the
purposes of this clause includes, but is not limited to, Facebook,
Instagram, Twitter, Snapchat, YouTube, and TikTok.
Term and Termination. The relationship between Employer and
Employee shall be considered at-will. The starting date for the
________________("Starting Date"). Employee will be expected to begin work on the
Starting Date. This Agreement shall continue in full effect until
terminated by either of the parties as outlined below. This
Agreement will automatically renew for the same duration as
established in the initial term (i.e., the same number of days,
months or years as established in the initial term) and will
continue to renew until either party provides notice, in writing,
of its intention to cease automatic renewals, at which point, this
Agreement will terminate prior to the following renewal date.
(a) Employer may terminate this Agreement at any time, with or
without notice, for any reason or no reason at all. Employer does
not need cause to terminate Employee's employment.
(b) Employee may terminate this Agreement at any time, by giving the
employer not less than
weeks' written notice. Oral notice shall not suffice.
Property. If Employee has obtained any property belonging to
Employer in the course of the Employment relationship, Employee
agrees to return such property fully, with no damage thereto, at
the termination of this Agreement.
Performance Reviews. Employee shall be subject to performance
review at the following intervals: