Employment Agreement - Short Form

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Provides a simple, concise agreement between an employer and employee, setting forth the terms and condition of employment.

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This Short Form Employment Agreement is an agreement between an employer and an employee which provides the terms and conditions of the employment relationship.

The employment agreement serves a number of beneficial purposes. First, it provides the employee with the basic conditions of his/her employment. For example, among other things, the employment agreement will state basic duties, salary, and benefits. Second, the employment agreement protects the employer. It will clarify the employer's expectations for the employee and grounds for termination.

This form can be used in all states.

A longer more complex Employment Agreement (Long Form) is also available on this site.

This packet includes:
(1) Instructions and Checklist for the Employment Agreement
(2) Information about the Employment Agreement
(3) Employment Agreement (Short Form)

Among others, this form includes the following provisions:
Employment
Employee Compensation/Benefits
Expenses
Conflicting Employment
Number of Pages6
DimensionsDesigned for Letter Size (8.5" x 11")
EditableYes (.doc, .wpd and .rtf)
UsageUnlimited number of prints
Product number#21873
This is the content of the form and is provided for your convenience. It is not necessarily what the actual form looks like and does not include the information, instructions and other materials that come with the form you would purchase. An actual sample can also be viewed by clicking on the "Sample Form" near the top left of this page.











Employment Agreement  Short Form













This Packet Includes:
1. Instructions & Checklist
2. General Information
3. Employment Agreement  Short Form








General Instructions & Checklist
Employment Agreement  Short Form

   The Employer should review the Employment Agreement to ensure that it contains no provisions that are not inconsistent with its existing rules or policies (e.g. employee manual).

   The Employer must sign the Employment Agreement.

   The Employee must sign the Employment Agreement.

   The Employment Agreement should be signed no later then when the employment begins.

   Generally both the Employer and the Employee each retain an original signed Employment Agreement. Therefore, two original copies of the Employment Agreement should be executed (i.e. signed).

   This form should not be used if the Employee is covered by a collective bargaining agreement or union contract, if the Employee is considered a consultant or if the Employee is considered an independent contractor.

   Laws vary from time to time and from state to state. These forms are not intended to be and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used or signed before first consulting with an attorney to ensure that it addresses your particular situation. An attorney should be consulted before negotiating any document with another party.

   The purchase and use of these forms is subject to the “Disclaimers and Terms of Use” found at www.findlegalforms.com.






General Information
Employment Agreement  Short Form

An employment agreement is an agreement between an employer and an employee which provides the terms and conditions of the employment relationship.  The employment agreement serves a number of beneficial purposes.  First, it provides the employee with the basic conditions of his/her employment.  For example, among other things, the employment agreement will state basic duties, salary, and benefits.  Second, the employment agreement protects the employer.  It will clarify the employers expectations for the employee and grounds for termination.  Furthermore, the employment agreement will establish that the employment is “at will,” meaning the employment relationship can be terminated by either the employee or the employer at any time (except for terminations that violate federal or state law).  Although the “at will” doctrine is not recognized in every state, the “at will” language will clarify the nature of the employment relationship.

Most states will enforce this type of agreement.  However, most states will also require that for the agreement to be enforceable the employee must have received “consideration” for signing the document; this means that the employee has received some gain from signing the agreement.  Because of this, it is best if the employee signs the employment agreement at the beginning of his/her employment.  It then becomes a condition of his/her employment and the gain the employee receives (the job) is obvious.

Employment relationships are governed by both federal and state law.  Many of the state laws differ dramatically (e.g. some states have imposed limitations on non-compete clauses); therefore, employers and employees should become familiar with the laws of their specific state and the federal government before entering into an employment arrangement.  In addition, before using the form you should always consult with your attorney to ensure that it addresses your specific situation.

This document should not be used with employees that are covered by a collective bargaining agreement or union contract until carefully reviewed by the employers counsel.





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Employment Agreement

This Employment Agreement (the “Agreement”) is made effective as of _____________________________________________, ___________, by and between _________________________________________ (the “Employer”) and _______________________________________ (the “Employee”) (collectively referred to as the “Parties”).

The Parties agree as follows:

1.  EMPLOYMENT:  Employer shall employ Employee in the position of ___________________________________.  Employees duties shall include: ________________________________________________________________ ________________________________________________________________________________________________________________________________
and other duties as may be assigned by Employer from time to time.

The Parties agree that this position is “at-will” and can be terminated by Employee or Employer at any time.

2.  Employee Compensation/Benefits:  For services provided, Employer will pay Employee an annual/monthly (circle one) salary of $____________, paid in accordance with Employers annual payroll procedures.

Employee will accrue vacation/paid-time-off (circle one) at a rate of __________ hours per month.  Vacation approval will be handled in accordance with the normal practices of Employer.

Employee will also receive the following additional benefits:
________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
(write “none” if there are no additional benefits).

3.  EXPENSES:  Employer will reimburse Employee for reasonable benefits incurred by Employee in the performance of his duties.  Reimbursement will be handled in accordance with Employers normal practices and policies.

4.  CONFLICTING EMPLOYMENT:  Employee agrees that during the time of his employment with Employer, he/she will not accept nor will he/she engage in employment, consulting or other business activity directly related to the business of the Company.

5.  CONFIDENTIALITY:  Employee acknowledges that he/she may have access to the Employers confidential and proprietary information.  Such confidential information may include, without limitation, i) business and financial information, ii) business methods and practices, iii) technologies and technological strategies, iv) marketing strategies and other such information as the Employer may designate as confidential (“Confidential Information”).  Employee agrees to not disclose to any other person (unless required by law) or use for personal gain any Confidential Information at any time during or after the termination of employment, unless Employer grants express, written consent of such a disclosure.  In addition, Employee will use his/her best efforts to prevent any such disclosure.  Confidential information will not include information that is in the public domain, unless such information falls into public domain through Employees unauthorized actions.

6.  OTHER RULES AND POLICIES: Employee agrees to abide by any other rules, policies or procedures as communicated by Employer that are generally applicable to employees of Employer.

7.   TERMINATION:  This is an “at-will” employment relationship and may be terminated by either Employer or Employee at any time (except for terminations that would be in violation of federal or state law).  

8.  RETURN OF PROPERTY:  Upon termination of employment, Employee will return to Employer all drawings, documents, and other tangible manifestations of Confidential Information (and all copies and reproductions thereof).  In addition, Employee will return any other property belonging to Employer including without limitation: computers, office supplies, money and documents.

9.  CONTINUING OBLIGATIONS:  Notwithstanding the termination of Employee for any reason, the provisions of paragraph 5 and 8 of this Agreement will continue in full force and effect following such termination.

10.  BINDING EFFECT:  The covenants and conditions contained in the Agreement shall apply to and bind the Parties and the heirs, legal representatives, successors and permitted assigns of the Parties.

11.  CUMULATIVE RIGHTS: The Parties rights under this Agreement are cumulative, and shall not be construed as exclusive of each other unless otherwise required by law.

12.  WAIVER: The failure of either party to enforce any provisions of this Agreement shall not be deemed a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

13.  SEVERABILITY: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any statute, ordinance or court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

14.  ENTIRE AGREEMENT: This Agreement constitutes the entire agreement between the Parties 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. This Agreement may be modified in writing and must be signed by both Employee and Employer.

15.  NOTICE: Any notice required or otherwise given pursuant to this Agreement shall be in writing and mailed certified return receipt requested, postage prepaid, or delivered by overnight delivery service, addressed as follows:

Employer:

________________________________
________________________________
________________________________


Employee:

________________________________
________________________________
________________________________


Either party may change such addresses from time to time by providing notice as set forth above.

16.  GOVERNING LAW:  This Agreement shall be governed by and construed in accordance with the laws of the State of _______________________________.



[The remainder of this page intentionally left blank.]

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written.



EMPLOYER:

___________________________________________________
(Signature)
__________________________________
(Name  Please Print)
__________________________________
(Position)




EMPLOYEE:
____________________________________________________
(Signature)
___________________________________
(Name  Please Print)

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