Employment agreements are a critical tool for protecting both employers and employees by clearly defining the terms of the working relationship. A well-drafted agreement reduces the risk of disputes, promotes transparency, and ensures both parties understand their rights and responsibilities.
Whether you are hiring executives, key personnel, or other employees, the following terms and conditions should be considered when drafting a comprehensive employment agreement:
Position and Job Responsibilities
Clearly state the employee’s:
- Job title
- Reporting structure
- Location of employment
- Primary duties and responsibilities
A detailed job description helps manage expectations and can serve as a reference point in the event of performance concerns.
Compensation and Benefits
Outline all compensation components, including:
- Base salary or hourly wage
- Payment frequency
- Bonus eligibility and structure
- Commission plans (if applicable)
- Benefits package (health insurance, retirement plans, etc.)
- Paid time off (vacation, sick leave, holidays)
- Reimbursement for business expenses
Ensure that all financial terms are precise to avoid misunderstandings.
Term of Employment and Termination Provisions
Define whether the employment is:
- At-Will: Either party can terminate the relationship at any time, for any lawful reason.
- Fixed-Term: Employment continues for a set period unless terminated under specified conditions.
Include clear termination provisions covering:
- Grounds for termination (with and without cause)
- Notice periods, if required
- Severance obligations, if applicable
- Return of company property upon separation
Confidentiality and Non-Disclosure
Protect your business by including:
- Confidentiality obligations regarding proprietary information
- Non-disclosure clauses that extend beyond termination
- Specific examples of confidential information (trade secrets, client lists, financial data)
These provisions safeguard sensitive company information and client relationships.
Non-Competition and Non-Solicitation Clauses
Where enforceable, consider including:
- Non-Compete Clause: Restricts the employee from working for competitors or starting a competing business for a defined period and geographic area after employment ends.
- Non-Solicitation Clause: Prohibits the employee from soliciting your clients, vendors, or other employees for a certain period after termination.
It’s essential to ensure these clauses are reasonable in scope and duration to increase their enforceability.
Intellectual Property Ownership
Specify that:
- Any inventions, work product, or intellectual property created by the employee within the scope of their employment belong to the employer.
- The employee agrees to assist with any necessary documentation to protect those rights.
This is especially critical for technology, design, research, or creative positions.
Dispute Resolution
Outline how disputes arising under the agreement will be resolved, such as:
- Mediation or arbitration requirements
- Venue and jurisdiction for legal actions
- Governing law applicable to the agreement
Alternative dispute resolution provisions can save time and expense in the event of disagreements.
Compliance with Company Policies
Reference the company’s employee handbook and policies, and state that:
- The employee agrees to abide by those policies.
- The employer retains discretion to modify policies as needed.
Entire Agreement and Amendments
Include standard language stating that:
- The employment agreement constitutes the entire agreement between the parties.
- Any modifications must be in writing and signed by both parties.
This prevents misunderstandings based on verbal promises or informal agreements.
Signatures
Ensure the agreement is signed and dated by:
- The authorized representative of the employer
- The employee
Proper execution formalizes the agreement and makes it legally binding.
Conclusion
A well-drafted employment agreement provides clarity, legal protection, and structure to the employment relationship. It should be tailored to your specific business, the nature of the position, and applicable state laws.
At Oberman Law Firm, our attorneys regularly assist businesses in preparing customized employment agreements that protect their interests while fostering positive workplace relationships.
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