At-Will Employment Agreement
Employment Agreement between _______________________ (Name of Employee) of
__________________________________________________________ (street address, city,
county, state, zip code) , 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 _______________________________
________________________________ (street address, city, county, state, zip code) , referred
to herein as Employer.
Whereas, Employer is engaged in the business of ______________________________
__________________________________________________ (describe the type of business) ,
and maintains an office at _______________________________________________________
________________________________________________ (address of business);
Whereas, Employee has been engaged and has had a great deal of experience in the
above-designated business.
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 .
In consideration of the matters described above, and of the mutual benefits and
obligations set forth in this Agreement , the parties agree as follows:
1. Employment
A. Employer employs, engages, and hires Employee as a ____________________
( name of position of employment) to _________________________________________
____________________________________________________ (description of duties) ,
and Employee accepts and agrees to such hiring, engagement, and employment,
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 one
holding such position in other, same, or similar businesses or enterprises as that
engaged in by Employer , 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. Best Efforts of Employee
Employee agrees that he will at all times faithfully, industriously, and to the best of his
ability, experience, and talents, perform all of the duties that may be required of and from him
pursuant to the express and implicit terms of this Agreement , to the reasonable satisfaction of
Employer . Such duties shall be rendered at _________________________________________
_________________________________ (address of employment) , and at such other place or
places as Employer shall in good faith require or as the interest, needs, business, or opportunity
of Employer shall require.
3. Term of Employment
The term of this Agreement shall be for one year beginning ___________________
(commencement date) , and ending ______________________ (termination date) ; but
subsequently shall automatically continue from month to month unless either party gives written
notice to the other party that it shall expire on that date. However, either party may terminate
this Agreement, for any reason or no reason, at any time by written notice to the other
party.
4. Compensation of Employee
Employer shall pay Employee , and Employee shall accept from Employer , in full
payment for Employee 's services under this Agreement , compensation at the rate of
$__________ per year, payable twice a month on the 15 th
and 30 th
of each month while this
Agreement shall be in force. Employer shall reimburse Employee for all necessary expenses
incurred by Employee while traveling pursuant to Employer 's directions.
5. Other Employment
Employee shall devote all of his time, attention, knowledge, and skills solely to the
business and interest of Employer , and Employer shall be entitled to all of the benefits, profits,
or other issues arising from or incident to all work, services, and advice of Employee.
6. Additional Compensation
Employee shall not be entitled to any additional compensation by reason of any service
that he may perform as the member of any manages committee of Employer , or if he shall at
any time be elected an officer of director of Employer .
7. 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 .
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 .
9. Termination
A. This Agreement may be terminated with or without cause 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.
C. It is further agreed that any breach or evasion of any of the terms of this
Agreement by either party will result in immediate and irreparable injury to the other
party and will authorize recourse to injunction and or specific performance as well as to
all other legal or equitable remedies to which such injured party may be entitled under
this Agreement .
10. 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
registered mail, addressed to him in care of Employer at the above address of Employer
or at such other address as Employee shall designate in writing of Employer 's 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 shall cease on the last day of the
month in which the notice is so mailed, with the same force and effect as if such last day
of the month were the date originally set forth in this Agreement as the termination date
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 ______ (number) 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/her] duties for a total period of _____ (number) 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 ____________________ (date) , and
terminating on _________________ (date) , during the term of this Agreement .
11. 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.
12. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of _________________.
13. 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.
14 . 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.
15. 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.
16. 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.
17. 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.
18. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute but one and the same
instrument.
19. In this contract, 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.
________________________________
(Name of Employer)
________________________ By:_________________________
(P rinted Name of Employee) __________________________
________________________ (P rinted Name & Office in Corporation)
(Signature of Employee) ___________________________
(Signature of Officer)
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