Writing an employment agreement, or offer letter, is a pretty straightforward process. The important thing is to include all the details and make sure the wording you use is unambiguous. Legal enforceable agreements differ from state to state. Learnthat.com strongly recommends you contact an attorney to have a legal document created from an expert in such an important area as employment. We provide this tutorial as a template, though do not vouch for its legality in your area.
Things to include:
- Date the offer is being made
- Name of position (Title)
- Start date of employee (date agreement takes effect)
- Compensation plan
- Base Salary
- How commission is calculated
- How commission is paid (monthly, quarterly, etc)
- Does the employee receive a draw
- Is the draw recoverable or no recoverable
- Benefits- when does the employee become eligible for company benefits (you don’t have to outline all the benefits, as those are likely outlined in an accompanying benefits package).
Don’t forget to include a place for both the employer and the employee to sign.
This Agreement made and entered into this ____ day of __________________, 20___, by and between _____________, of __________________, hereinafter referred to as “employer”, and _________________, of _____________________, hereinafter referred to as “employee”.
The parties recite that:
A. Employer is engaged in ____________________ and maintains business premises at ______________________.
B. Employee is willing to be employed by employer, and employer is willing to employ employee, on the terms and conditions hereinafter set forth.
For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, employer and employee covenant and agree as follows:
1.AGREEMENT TO EMPLOY AND BE EMPLOYED
Employer hereby employs employee as _______________ at the above-mentioned premises, and employee hereby accepts and agrees to such employment.
2. DESCRIPTION OF EMPLOYEE’S DUTIES
Subject to the supervision and pursuant to the orders, advice, and direction of employer, employee shall perform such duties as are customarily performed by one holding such position in other businesses or enterprises of the same or similar nature as that engaged in by employer. Employee shall additionally render such other and unrelated services and duties as may be assigned to him from time to time by employer.
3. MANNER OF PERFORMANCE OF EMPLOYEE’S DUTIES
Employee shall at all times faithfully, industriously, and to the best of his ability, experience, and talent, perform all duties that may be required of and from him pursuant to the express and implicit terms hereof, to the reasonable satisfaction of employer. Such duties shall be rendered at the abovementioned premises and at such other place or places as employer shall in good faith require or as the interests, needs, business, and opportunities of employer
4. DURATION OF EMPLOYMENT
The term of employment shall be ____ years, commencing on _______________, 20___, and terminating _______________, 20___, subject, however, to prior termination as provided in Sections 8 and 9 hereof.
5. COMPENSATION; REIMBURSEMENT
Employer shall pay employee and employee agrees to accept from employer, in full payment for employee’s services hereunder, compensation at the rate of __________ Dollars ($________) per annum, payable ________. In addition to the foregoing, employer
6. EMPLOYEE’S LOYALTY TO EMPLOYER’S INTERESTS
Employee shall devote all of his time, attention, knowledge, and skill solely and exclusively to the business and interests of employer, and employer shall be entitled to all benefits, emoluments, profits, or other issues arising from or incident to any and all work, services, and advice of employee. Employee expressly agrees that during the term hereof he will not be interested, directly or indirectly, in any form, fashion, or manner, as partner, officer, director, stockholder, advisor, employee, or in any other form or capacity, in any other business
7. NONDISCLOSURE OF INFORMATION CONCERNING BUSINESS
Employee will not at any time, in any fashion, form, or manner, either directly or indirectly divulge, disclose, or communicate to any person, firm, or corporation in any manner
The parties hereby stipulate that, as between them, the foregoing matters are important, material, and confidential, and gravely affect the effective and successful conduct of the business of employer, and its good will, and that any breach of the terms of this section is a material breach of this agreement.
8. OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE
Notwithstanding anything in this agreement to the contrary, employer is hereby given the option to terminate this agreement in the event that during the term hereof employee shall become permanently disabled, as the term “permanently disabled” is hereinafter fixed and defined. Such option shall be exercised by employer giving notice to employee by registered mail, addressed to him in care of employer at the above stated address, or at such other address as employee shall designate in writing, of its intention to terminate this agreement on the last day of the month during which such notice is mailed. On the giving of such notice this agreement and the term hereof shall cease and come to an end on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally set forth as the termination date. For purposes of this agreement, employee shall be deemed to have become perm
9. DISCONTINUANCE OF BUSINESS AS TERMINATION OF EMPLOYMENT
Anything herein contained to the contrary notwithstanding, in the event that employer shall discontinue operations at the premises mentioned above, then this agreement shall cease and terminate as of the last day of the month in which operations cease with the same force and effect as if such last day of the month were originally set forth as the termination date hereof.
10. EMPLOYEE’S COMMITMENTS BINDING ON EMPLOYER ONLY ON WRITTEN CONSENT
Employee shall not have the right to make any contracts or other commitments for or on behalf of employer within the written consent of employer.
11. CONTRACT TERMS TO BE EXCLUSIVE
This written agreement contains the sole and entire agreement between the parties, and supersedes any and all other agreements between them. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this agreement or any representations inducing the execution and delivery hereof except such representations as are specifically set forth herein, and each party acknowledges that he or it has relied on his or its own judgment in entering into the agreement. The parties further acknowledge that any statements or representations that may have heretofore been made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with his or its dealings with the other.
12. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING
No waiver or modification of this agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged
13. CONTRACT GOVERNED BY LAW
This agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of ______________.
14. BINDING EFFECT OF AGREEMENT
This agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors, and assigns.
Executed on the date first above written.
The information in this document is designed to provide an outline that you can follow when formulating business or personal plans. Due to the variances of many local, city, county and state laws, we recommend that you seek professional legal counsel before entering into any contract or agreement.