A well-structured employment agreement protects your business and sets clear expectations for new hires. Use this checklist to ensure all critical terms and conditions are covered when preparing an employment agreement.
Employment Agreement Checklist
Position & Job Details
- Job title
- Reporting structure (who they report to)
- Primary duties and responsibilities
- Location of employment
Compensation & Benefits
- Base salary or hourly wage clearly stated
- Bonus structure (if applicable)
- Commission plan details (if applicable)
- Benefits summary (health insurance, retirement, etc.)
- Paid time off policies (vacation, sick leave, holidays)
- Reimbursement policies for business expenses
Term & Termination Provisions
- At-will or fixed-term employment clarified
- Notice period requirements (if any)
- Grounds for termination (with and without cause)
- Severance obligations (if applicable)
- Return of company property obligations
Confidentiality & Non-Disclosure
- Non-disclosure of proprietary information
- Definitions of confidential information included
- Post-employment confidentiality obligations
Non-Competition & Non-Solicitation (if applicable)
- Non-compete restrictions (reasonable scope, time, geography)
- Non-solicitation of clients, employees, or vendors
- Compliance with state-specific enforceability requirements
Intellectual Property Ownership
- Clear statement that work product belongs to the employer
- Employee agrees to assist in protecting IP rights
Dispute Resolution
- Mediation or arbitration process described (if applicable)
- Governing law and jurisdiction identified
Company Policies & Handbooks
- Reference to employee handbook and policies
- Statement that policies may change at employer’s discretion
Entire Agreement & Amendments
- Clause stating this is the entire agreement
- Modifications require written agreement signed by both parties
Signatures & Execution
- Authorized representative signs and dates
- Employee signs and dates
Internal HR Reminders
- Keep a fully executed copy in the employee’s personnel file.
- Provide the employee with a signed copy for their records.
- Review the agreement with the employee during onboarding.
- Ensure consistency with the offer letter and other internal documents.
- Revisit non-compete and confidentiality provisions annually to ensure compliance with evolving state laws.
Conclusion
Our team at Oberman Law Firm is available to assist with preparing, updating, or reviewing your employment agreements to ensure legal compliance and strong protection for your business.
About Us
Oberman Law Firm represents clients in a wide range of practice areas, including private equity, M&A, healthcare, corporate transactions, intellectual property, data privacy and security, regulatory compliance and governance, cross-border transactions, labor and employment, construction law, litigation, private clients’ services, corporate restructuring, and white-collar and governmental disputes.
As a firm, we offer the highest quality legal advice coupled with extraordinary and tailored service to deliver exceptional results to our clients. Our philosophy is to invest deeply in the brightest legal talent and build dynamic teams that operate at the pinnacle of respective practice areas. We believe in empowering our attorneys, encouraging entrepreneurialism, operating ethically and with integrity, and collaborating to bring the very best to every client engagement. These principles have guided us in building extraordinary and successful long-term partnerships with our clients.
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