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Employment Contract

Prepared for:

[Client.FirstName][Client.LastName]
[Client.Company]

Created by:

[Sender.FirstName][Sender.LastName]
[Sender.Company]

[Sender.Company]

This Employment Contract (the “Contract” or “Employment Contract”) states the terms and conditions that govern the contractual agreement between [Sender.Company] having its principal place of business at [Sender.Address] (the “Company”), and [Client.FirstName][Client.LastName] (the “Employee”) who agrees to be bound by this Contract.

WHEREAS, the Company is engaged in the Description of business; and

WHEREAS, the Company desires to employ and retain the services of the Employee according to the terms and conditions herein.

NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto, the Company and the Employee (individually, each a “Party” and collectively, the “Parties”) covenant and agree as follows:

1. TERM.

The term of this Employment Contract shall commence on Start Date (the “Start Date”). The Employee agrees and acknowledges that, just as they have the right to terminate their employment with the Company at any time for any reason, the Company has the same right, and may terminate their employment with the Company at any time for any reason. Either Party may terminate said employment with written notice to the other Party.

2. DUTIES.

The Company shall employ the Employee as [Job Title] (the “Position”). The Employee accepts employment with the Company on the terms and conditions outlined in this Employment Contract and agrees to devote his full time and attention (reasonable periods of illness excepted) to the performance of his duties under this Contract. 

In general, the Employee shall perform all the duties outlined in the job description in Exhibit A attached hereto.

3. COMPENSATION. 

In consideration for the performance of the duties hereunder, the Employee shall be entitled to compensation as follows:

(a) The Company shall pay the Employee an annual salary (the “Annual Salary”).  Initially, the Annual Salary shall be at the rate of «Annual_Salary_in_Words» ($«Annual_Salary_Amount») per year. 

The Annual Salary shall be payable in installments in arrears, less usual and customary payroll deductions for FICA, federal and state withholding, and the like, at the times and in the manner in effect in accordance with the usual and customary payroll policies generally in effect from time to time at Company.

(b) The Company shall pay and provide to Employee retirement plans, health insurance, disability insurance plan benefits, and other fringe benefits generally in effect for salaried employees of the Company beginning on the Effective Date in accordance with and on the same terms as are generally in effect for employees of the Company.

(c) The Employee shall be allowed paid time off for vacation, holidays, and other employee benefits not described above in accordance with the Company policies in general effect for the Company’s salaried employees.

4. CONFIDENTIALITY. 

The Employee shall not disclose to any third party any details regarding the business of the Company, including, without limitation, the names of any of its customers, the prices it obtains, the prices at which it sells products, its manner of operation, its plans, its strategies, any of the Company’s trade secrets or any other information pertaining to the business of the Company (the “Confidential Information”), (ii) make copies of any Confidential Information or any content based on the concepts contained within the Confidential Information for personal use or for distribution unless requested to do so by the Client, or (iii) use Confidential Information other than solely for the benefit of the Client. 

Employee acknowledges and agrees that any remedy at law for any breach of this confidentiality provision would be inadequate and, in the event of any such breach, the Company shall be entitled to immediate and permanent injunctive relief to preclude any such breach (in addition to any remedies at law to which the Company may be entitled) without the posting of any bond or security therefore.

5. RETURN OF PROPERTY. 

Within seven (7) days of the termination of this Contract, whether by expiration or otherwise, the Employee agrees to return to the Company, all products, samples, or models, and all documents, retaining no copies or notes, relating to the Company’s business including, but not limited to: 

6. NON-COMPETE AND NON-SOLICITATION. 

(a) Employee hereby agrees (the “Non-Competition Agreement”) that, upon the termination of Employee’s Employment (for whatever reason, whether during the term of this Agreement or after the termination of this Agreement), for a period of [number of years] following the termination of Employment, Employee shall not directly or indirectly (whether as an officer, director, employee, partner, stockholder, creditor or agent, or representative of other persons or entities) engage in the [type of Company’s business] business or in any business in which the Company has, as of the date of such termination engaged (the “Company’s business”), in [County, State], any county contiguous to such county, and in any county in which the Company maintains an office (the “Trade Area”).

(b) Employee also agrees (the “Non-Solicitation Agreement”), that for a period of [number of years] following the termination of Employee’s Employment (for whatever reason, whether during the term of this Agreement or after the termination of this Agreement), Executive shall not directly or indirectly (whether as an officer, director, employee, partner, stockholder, creditor or agent, or representative of other persons or entities) contact or solicit, in any manner indirectly or directly, individuals or entities who were at any time during the original or any extended Term clients of the Company for the purpose of providing [type of services Employee did] services by Company during the Term or contact or solicit employees of the Company to seek employment with any person or entity except the Company.

(c) Employee agrees that (i) any remedy at law for any breach of the Non-Competition Agreement and/or the Non-Solicitation Agreement would be inadequate, (ii) any breach of the Non-Competition Agreement and/or the Non-Solicitation Agreement shall constitute incontrovertible evidence of irreparable injury to the Company, and (iii) the Company shall be entitled to both immediate and permanent injunctive relief without the necessity of establishing or posting any bond therefore to preclude any such breach (in addition to any remedies of law which the Company may be entitled). 

7. EXPENSES.

The Employee shall not be entitled to reimbursement for any expenses except those that have been previously approved in writing by the Company. Should the Company require travel by the Employee, the Company shall reimburse the Employee for such travel expenses, along with reasonable lodging and meal expenses upon presentation of receipts of such expenses.

More templates like this: Email Cover Letter, Recruitment Proposal, Resignation Letter, Freelance Contract 

8. EMPLOYEE REPRESENTATIONS AND WARRANTIES. 

The Employee represents and warrants to the Company the following:

  1. There is no employment contract or any other contractual obligation to which the Employee is subject, which prevents the Employee from entering into this Contract or from performing fully the Employee’s duties under this Contract.
  2. The Company shall make no specific accommodations for the Employee to perform his duties and responsibilities, other than those specifically described under this Contract.

9. NO MODIFICATION UNLESS IN WRITING. 

No modification of this Employment Contract shall be valid unless in writing and agreed upon by both Parties.

10. SEVERABILITY. 

If a court finds any provision of this Employment Contract invalid or unenforceable, the remainder of this Employment Contract shall be interpreted as best to affect the intent of the parties.

8. EMPLOYEE REPRESENTATIONS AND WARRANTIES. 

The Employee represents and warrants to the Company the following:

  1. There is no employment contract or any other contractual obligation to which the Employee is subject, which prevents the Employee from entering into this Contract or from performing fully the Employee’s duties under this Contract.
  2. The Company shall make no specific accommodations for the Employee to perform his duties and responsibilities, other than those specifically described under this Contract.

9. NO MODIFICATION UNLESS IN WRITING. 

No modification of this Employment Contract shall be valid unless in writing and agreed upon by both Parties.

10. SEVERABILITY. 

If a court finds any provision of this Employment Contract invalid or unenforceable, the remainder of this Employment Contract shall be interpreted as best to affect the intent of the parties.

11. ENTIRE AGREEMENT.

This Employment Contract expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Employment Contract may not be amended except in a writing signed by both parties.

12. APPLICABLE LAW.

This Employment Contract and the interpretation of its terms shall be governed by and construed in accordance with the laws of the State of [Sender.State] and subject to the exclusive jurisdiction of the federal and state courts located in [Sender.Country][Sender.State].

IN WITNESS WHEREOF, each of the Parties has executed this Contract, both Parties by its duly authorized officer, as of the day and year set forth below.

[Sender.Company]

Signature

MM/DD/YYYY

[Sender.FirstName][Sender.LastName]

[Client.Company]

Signature

MM/DD/YYYY

[Client.FirstName][Client.LastName]

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