Letter of Intent for Employment Template

Use Template

Letter of Intent for Employment

 

___________________ (mailing address of person sending the letter)

Date: ___________________

___________________ (mailing address of person receiving the letter)

RE: Letter of Intent

 

The undersigned hereby acknowledges their understanding of the following:

 

The undersigned has applied for the position of ___________________ with the ___________________ (“Employer”), and the Employer has extended to the undersigned an offer of employment in that position, subject to the negotiation and execution of an acceptable employment agreement.

 

The undersigned hereby acknowledges that they have read, understands and agrees to the terms and conditions set forth in this Letter of Intent and its exhibits (the “Agreement”). The undersigned hereby acknowledges that the Employer is relying on the representations made herein by the undersigned in making its offer of employment and entering into this Agreement.

This letter shall also serve as an outline for some of the terms and conditions that will go into the agreement between the parties. The ultimate agreement will have terms that have been finalized between the parties as well as the execution of both parties. Please note, this letter of intent is not binding on either party and is not intended to be a final, executed contract agreement. Rather, this letter of intent shall be considered an initial point of written negotiation between the parties. The terms detailed here shall become void if not accepted within the following time period: ___________________

 

The price and fees for the will be as follows: ___________________

The pricing, fee, and other monetary information for the Prospective Transaction will be as follows: ___________________

 

Both parties agree to keep all aspects of the potential agreement in confidence.

 

Each party shall be responsible for their own expenses and transactional fees, including any attorney's fees in connection with the review and negotiation of the final agreement.

 

The undersigned hereby acknowledges that the Employer has advised them that this Agreement contains a binding arbitration clause which, among other things, will require the undersigned to submit any and all employment-related claims or disputes to final and binding arbitration, rather than to any court or other tribunal, provided that the undersigned retains the right to bring a claim for workers’ compensation benefits before the appropriate governmental agency.

 

The undersigned hereby acknowledges that they have been granted a reasonable opportunity to review this Agreement with an attorney of their own choosing prior to signing this Agreement and that they have either reviewed this Agreement with an attorney or has voluntarily chosen not to do so.

 

The undersigned hereby acknowledges that this Agreement contains a waiver of the right to trial by jury and a release of all claims which the undersigned may have against the Employer. The undersigned hereby acknowledges that this Agreement shall be binding on the undersigned, the undersigned’s successors, assigns and legal representatives, and shall inure to the benefit of the Employer and the Employer’s successors, assigns and legal representatives.

 

The undersigned hereby acknowledges that this Agreement constitutes the entire agreement between the Employer and the undersigned concerning the subject matter hereof and may not be modified except by an express written agreement signed by both parties.

 

The undersigned hereby acknowledges that this Agreement shall be governed by the laws of ___________________, without regard to its conflict of laws principles.

 

The undersigned hereby acknowledges that the headings used herein are for convenience only and shall not affect the interpretation of this Agreement.

 

The undersigned hereby acknowledges that the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement.

The undersigned hereby acknowledges that the Employer and the undersigned each intend that the terms of this Agreement shall be enforceable to the fullest extent permitted by applicable laws.

 

The undersigned hereby acknowledges that no waiver by either party of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

 

The undersigned hereby acknowledges that a facsimile or electronic copy of this Agreement shall be as valid and binding as an original.

 

The undersigned hereby acknowledges that this Agreement may be executed in counterparts, each of which shall be deemed an original but all of which together shall be deemed to be one and the same agreement.

 

The undersigned hereby acknowledges that the Employer has advised him/her that this Agreement contains a confidentiality clause which will require the undersigned to keep certain information confidential.

 

The undersigned hereby acknowledges that the Employer has advised him/her that this Agreement contains a non-competition clause which will restrict the undersigned from competing with the Employer during the course of his/her employment and for a period of time following the termination of his/her employment.

 

The undersigned hereby acknowledges that the Employer has advised him/her that this Agreement contains a non-solicitation clause which will restrict the undersigned from soliciting the Employer’s customers and employees during the course of his/her employment and for a period of time following the termination of his/her employment. The undersigned hereby acknowledges that the Employer has advised him/her of the existence of any and all policies of the Employer, which policies are made a part of this Agreement by this reference.

 

The undersigned hereby acknowledges that he/she has received a copy of this Agreement.

 

The undersigned hereby acknowledges that this Agreement shall become effective as of the date first written above.

 

_________________________________

___________________________

Signature of Employee

Date _________________________________

___________________________

Printed Name of Employee

Title _________________________________

___________________________

Signature of Employer

Date _________________________________

___________________________

Printed Name of Employer

Title

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Exhibit A

 

Employment Agreement

 

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 ____________ (“Employee”) and ____________ with a mailing address at ____________ (“Employer”).

 

  1. 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.

 

  1. Job Title and Location. Employee’s job title is [insert job title], and Employee’s primary work location is [insert location].

 

  1. 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 Employee’s supervisor.

 

  1. Compensation. Employee’s current annual salary is [insert salary]. 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.

 

  1. 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.

 

  1. Time Off. Employee will be entitled to [insert number] weeks of paid vacation per year, to be taken at such times as may be approved by Employee’s supervisor. Employee will also be entitled to [insert number of] paid sick days per year.

 

  1. 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.

 

 

  1. 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.

 

  1. 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 business..

 

  1. 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 ____________.

 

  1. Severability. If any provision of this Contract is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

 

  1. 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.

 

  1. 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.

 

  1. Amendment. This Contract may not be amended except in writing signed by both Employee and a duly authorized representative of the Employer.

 

  1. 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.
  2. 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 __________.

 

  1. 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.

 

  1. 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.

 

  1. Probationary Period. Employee will be subject to a probationary period of the following: ___________. During 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.

 

  1. 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.

 

  1. 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.

 

  1. Term and Termination. The relationship between Employer and Employee shall be considered at-will. The starting date for the employment is ________________("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.

 

  1. 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.

 

  1. Performance Reviews. Employee shall be subject to performance review at the following intervals: _____________.

 

EXECUTION

[Employee Name]

[Date]

[Title]

 

[Employer Name]

[Date]

[Title]