Truck Driver Agreement

Employment Agreement with Truck Driver to Pull Refrigerated Trailers

Employment Agreement made on the , between

(Name of Employee) of referred to herein as Employee, and (Name of Employer), a corporation organized and existing under the laws of the state of , with its principal office located at referred to herein as Company.

Whereas, Employer is engaged in the business of selling and delivering goods in refrigerated trailers which are transported to Employer’s customers by means of semi-trailer truck, also known as a tractor-trailer; and

Whereas, Employee has been engaged and has had a great deal of experience in the driving such tractor-trailers and holds a Class A commercial driver's license in the State of and with the U.S. Department of Transportation; and

Whereas, Employee is willing to be employed by Employer, and Employer is willing to employ Employee, on the terms, covenants, and conditions set forth in this Agreement.

Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. Employment

A. Employer hereby employs and hires Employee as a tractor-trailer driver to deliver such goods to Employer’s customers by pulling the refrigerated trailers to the locations specified by Employer. Employee accepts and agrees to such employment and hiring subject to the general supervision and pursuant to the orders, advice, and direction of Employer.

B. Employee shall perform such other duties as are customarily performed by such a driver and shall also additionally render such other and unrelated services and duties as may be assigned to him from time to time by Employer.

2. Covenants of Employee

A. Employee realizes that as a driver he must abide by the terms of his license provided by the U.S. Department of Transportation (DOT) and that this license supersedes state laws. Furthermore when Employee is driving he understands and agrees that he is responsible for a valuable truck and cargo, and pledges to treat the truck and its cargo carefully. Due to the responsible nature of his job, Employee further agrees to the following:

1. Employee will do a pre-trip inspection and return a copy of this report to Employer prior to turning in his timesheet.

2. Employee will be responsible for providing efficient and courteous service to customers while delivering product; completing all paperwork required and properly maintain the equipment used.

3. Proper stock rotation at customer locations according to the standard operating procedures of Employer.

4. Use a pallet jack to load the truck with the help of warehouse personnel. Forklift certified personnel will move product within the warehouse.

5. Employee will follow all DOT rules and regulations as they pertain to driver logs, hours of service rules, weight regulations, etc.

6. Employee will keep his vehicle clean and promptly reports all maintenance requirements and vehicle issues to Employer.

7. Employee will report all customer deliveries in a timely manner through proper paperwork and secure customer's signature on all delivery documents.

8. Employee will retain original receipts for all tolls and fuel purchases and report same in a timely manner.

9. Employee will complete all runs. If he cannot make a delivery he will immediately call Employer before proceeding to the next stop and report the problem with the delivery.

10. Employee will obey all laws.

11. Employee agrees that any damages to the truck or cargo that results from Employee’s failure to abide by the above terms may be charged against his paycheck or future compensation after a thorough review of the incident and damage by Employer.

3. Work Schedule

Employee shall work hours in accordance with the Department of Transportation’s Regulations.

4. Wages

Employer agrees to pay Employee for his work at the rate of $ per hour. Such payment shall be made of the (e.g., first day of each week) .

Employer also agrees to pay:

• 36 cents a mile.

• $15 dollars per stop.

• $100 for pre-approved unloading.

5. Compensation for Overtime Work on Weekly Basis

Employee shall receive a wage of $ per hour for the first (number) hours' work in any week. For hours worked in excess of number hours per week, Employee will receive an hourly wage of $.

6. Withholding of taxes and other payroll deductions

Anything to the contrary notwithstanding, all payments required to be made by Employer under this Agreement to Employee shall be subject to the withholding of such amounts, if any, relating to tax and other payroll deductions as Employer may reasonably determine it should withhold pursuant to any applicable law or regulation. In lieu of withholding such amounts, Employer may accept other provisions to the end that it has sufficient funds to pay all taxes required by law to be withheld in respect to any of such payments.

7. Travel Expenses

Employee agrees to pay all travel expense.

8. Vacation

Employee shall be entitled to (number) days of paid vacation each year during the term of this Agreement, the time for such vacation to be determined by mutual Agreement between Employer and Employee. Employer will notify the Employer no later than two weeks prior to any vacation as to when he would like to take said vacation.

9. Term of Employment

The term of this Agreement shall be a period of one year, commencing on and terminating on . At the expiration date of , this Agreement shall be considered renewed for regular periods of one year, provided neither party submits a notice of termination.

10. Other Employment

Employee shall devote all of his time, attention, knowledge, and skills solely to the business and interest of Employer, and Employer.

11. Trade Secrets

Employee shall not at any time or in any manner, either directly or indirectly, divulge, disclose, or communicate to any person, firm, corporation, or other entity in any manner whatsoever any information concerning any matters affecting or relating to the business of Employer, including but not limited to any of its customers, the prices it obtains or has obtained from the sale of, or at which it sells or has sold, its products, or any other information concerning the business of Employer, its manner of operation, its plans, processes, or other data without regard to whether all of the above-stated matters will be deemed confidential, material, or important, Employer and Employee stipulating that as between them, such matters are important, material, and confidential and gravely affect the effective and successful conduct of the business of Employer, and Employer's good will, and that any breach of the terms of this section shall be a material breach of this Agreement.

12. Trade Secrets After Termination of Employment

All of the terms of Section 10 of this Agreement shall remain in full force and effect for the period of (number) years after the termination of Employee's employment for any reason.

13. Employee’s Inability to Contract for Employer

In spite of anything contained in this Agreement to the contrary, Employee shall not have the right to make any contracts or commitments for or on behalf of Employer without first obtaining the express written consent of Employer.

14. Hospitalization Insurance

Employer shall pay for hospitalization insurance for the Employee with such insurance company and such coverages as the Employee from time to time chooses.

15. Termination

A. This Agreement may be terminated by either party on (number) days' written notice to the other. If Employer shall so terminate this Agreement, Employee shall be entitled to compensation for (number) days.

B. In the event of any violation by Employee of any of the terms of this Agreement, Employer may terminate employment without notice and with compensation to Employee only to the date of such termination.

16. Termination for Disability

A. In spite of anything in this Agreement to the contrary, Employer has the option to terminate this Agreement if Employee shall, during the term of this Agreement, become permanently disabled as the term permanently disabled is fixed and defined in this Section. Such option shall be exercised by Employer giving notice to Employee by certified or registered mail to the address of Employee as set forth at the beginning of this Agreement.

B. For the purposes of this Agreement, Employee shall be deemed to have become permanently disabled, if, during any year of the term of this Agreement, because of ill health, physical or mental disability or for other causes beyond Employee's control he shall have been continuously unable or unwilling or shall have failed to perform his duties under this Agreement for consecutive days, or if, during any year of the term of this Agreement, Employee shall have been unable or unwilling or shall have failed to perform his duties for a total period of days, irrespective of whether or not such days are consecutive. For the purposes of this Agreement, the term any year of the term of this Agreement is defined to mean any 12-calendar-months period commencing on and terminating on during the term of this Agreement.

17. Severability

The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.

18. No Waiver

The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.

19. Governing Law

This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of .

20. Notices

Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement.

21. Attorney’s Fees

In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees.

22. Mandatory Arbitration

Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.

23. Entire Agreement

This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.

24. Modification of Agreement

Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party.

25. Assignment of Rights

The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party.

26. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine.

WITNESS our signatures as of the day and date first above stated.