Is an at-will clause required?

No federal law requires a written at-will clause. A written clause clarifies the parties' intent and can reduce implied-contract claims, but state law and collective-bargaining agreements can affect applicability.

Can the agreement limit statutory rights?

No. At-will language cannot negate federal or state protections, including discrimination, wage-and-hour laws, or rights under labor statutes; contrary clauses are unenforceable.

Are electronic signatures valid?

Yes. Electronic signatures satisfy ESIGN (15 U.S.C. ch. 96) and UETA requirements when intent, consent, attribution, and reliable retention are present.

When is notarization needed?

Notarization is generally not required for employment agreements. Use a notary only when state law or company policy demands notarized signatures or for related documents such as powers of attorney.

What to do about conflicting policies?

Ensure the agreement references and aligns with the employee handbook or policy manual; explicitly state whether handbook provisions are incorporated to avoid inconsistency.

How to correct a signed agreement?

Corrections require mutual assent: execute an amendment or replacement agreement signed by both parties. Avoid unilateral edits to executed documents to prevent disputes.

Electronic Signature
Templates
HR
At Will Employment Agreement

At Will Employment Agreement

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At-Will Employment Agreement

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

Whereas, Employer is engaged in the business of , and maintains an office at ;

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 to , 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 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 15th and 30th 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 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 days' written notice to the other. If Employer shall so terminate this Agreement, Employee shall be entitled to compensation for 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 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 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.

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)

(Signature of Employee)

By:

(Signature of Officer)

What an At Will Employment Agreement Is

An At Will Employment Agreement is a written document that confirms an employment relationship can be terminated by either the employer or employee at any time, for any lawful reason, with or without notice. It typically sets out core terms — job title and duties, compensation and pay schedule, benefits, confidentiality obligations, and any post-termination restrictions. While it clarifies expectations, the agreement does not override statutory protections such as anti-discrimination laws, wage-and-hour regulations, or public-policy exceptions, and employers should tailor language to state-specific constraints and company policy consistency.

Why a Clear At Will Agreement Matters

A concise At Will Employment Agreement reduces ambiguity about job status and core terms, helps set expectations for pay and duties, and documents mutual consent to the at-will relationship while preserving statutory employee protections.

Who Typically Uses At Will Employment Agreements

Employers use these agreements to document employment terms and help reduce misunderstandings during onboarding.

HR professionals and general counsel drafting clear onboarding documentation and policy alignment.
Small business owners wanting straightforward, low-friction employment relationships without implied-term risk.
Hiring managers and recruiters providing consistent offer materials across roles and locations.

They are standard for U.S. private-sector hires, but language should be adapted for unionized roles or where collective bargaining applies.

Filling Out an At Will Employment Agreement: Step-by-Step

Follow these four steps to complete the agreement accurately and minimize downstream risk.

01

Identify Parties: Enter full legal names for employer and employee.
02

Set Effective Date: Use MM/DD/YYYY format for the start of employment.
03

Describe Duties: Summarize role and primary responsibilities clearly.
04

Add Signatures: Ensure both parties sign and date the document.

Essential Components of a Professional Agreement

A well-drafted At Will Employment Agreement balances clarity for day-to-day terms with contractual safeguards to limit unintended obligations.

Parties

Identify the legal employer entity and the employee by full legal name to ensure enforceability and accurate payroll reporting.

Employment Status

A clear at-will statement stating that either party may end the relationship at any time, subject to statutory exceptions.

Duties and Place

Outline primary job duties, reporting relationships, and regular work location or remote-work expectations to reduce role confusion.

Compensation Details

Specify salary or hourly rate, payment schedule, bonus eligibility, and any reimbursement policies for expenses.

Confidentiality and IP

Include nondisclosure terms and intellectual property assignment where appropriate to protect business interests after separation.

Termination Provisions

Address final pay timing, accrued PTO treatment, and conditions for severance or pay continuation if offered.

Security and Compliance Considerations

Encryption: AES-256 at rest

Transport Security: TLS 1.2/1.3 in transit

Audit Trail: Comprehensive signing records

HIPAA Support: BAA available

ESIGN/UETA: Meets e-signature legal tests

Access Controls: SSO and role-based permissions

Key Risks and Legal Consequences

Misclassification: Wage claims

Ambiguous Language: Unintended obligations

Restricted Rights: Invalid restrictive covenants

Recordkeeping Failures: Regulatory penalties

Discrimination Claims: Statutory liabilities

I-9 Errors: Civil fines

Common Preparation Errors to Avoid

Using vague termination language that creates implied promises or partial guarantees can convert at-will status into an enforceable term.
Omitting the effective date or failing to match names with payroll/I-9 records commonly causes administrative delays and tax reporting issues.
Applying inconsistent policy language across employee classes risks disparate treatment claims and weakens enforceability of restrictive provisions.
Neglecting state-mandated notices or statutory disclosures can produce statutory penalties and invalidate certain agreement provisions.

Digital Workflow Settings for Online Completion

Configure your e-sign workflow to ensure proper signer order, authentication level, and retention settings before sending.

Field	Configuration
Signature Authentication	Email link, SMS code, or stronger KBA
Routing Order	Sequential or parallel signer flow
Notifications	Reminder cadence and completion alerts
Record Retention	Export PDF + audit trail storage

Technical and Integration Requirements

Choose a platform that supports your HR systems, acceptable signature types, and archive format.

File Formats: PDF and DOCX supported
Integrations: HRIS, ATS, and cloud storage
Authentication: Email, SMS, or SSO options

Typical Electronic Signing Flow

A standard e-sign workflow follows a simple sender-to-signer lifecycle with verification and audit recording.

Draft Document: Upload and prepare fields
Assign Signers: Add signer emails and order
Authenticate: Use chosen verification method
Complete: Signer executes and receives copy

Timing and Processing Expectations

At-will agreements generally have no statutory execution deadline, but certain timing triggers affect benefits and payroll processes.

Effective Date:

Date specified determines benefit eligibility and payroll start

Signature Deadline:

Set internal deadlines for offer acceptance to secure terms

Payroll Cutoff:

Link effective date to payroll processing cycles

Benefits Enrollment:

Enrollment windows often tied to hire date

Record Retention Trigger:

Retention period begins at termination or final effective date

Key Milestones from Offer to Archived Record

Track milestone stages so administrative tasks occur in the correct sequence and records are preserved.

01

Offer Issued

Employer sends agreement and sets response window

02

Employee Signs

Employee signs and returns electronically or in hard copy

03

Effective Date

Employment begins and payroll/benefits processes trigger

04

Archive Record

Store signed copy and audit trail per retention policy

eSignature Vendor Comparison for Executing Agreements

Pricing and feature sets vary; signNow is listed first for direct comparison of common plan features and compliance needs.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes — 7-day trial	Yes — limited trial	Yes — limited trial	Yes — limited trial	Yes — limited trial
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No envelope cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions and Troubleshooting

Answers to common questions about drafting, signing, and enforcing At Will Employment Agreements, focused on practical next steps.

Need help? Contact support

Is an at-will clause required?
No federal law requires a written at-will clause. A written clause clarifies the parties' intent and can reduce implied-contract claims, but state law and collective-bargaining agreements can affect applicability.
Can the agreement limit statutory rights?
No. At-will language cannot negate federal or state protections, including discrimination, wage-and-hour laws, or rights under labor statutes; contrary clauses are unenforceable.
Are electronic signatures valid?
Yes. Electronic signatures satisfy ESIGN (15 U.S.C. ch. 96) and UETA requirements when intent, consent, attribution, and reliable retention are present.
When is notarization needed?
Notarization is generally not required for employment agreements. Use a notary only when state law or company policy demands notarized signatures or for related documents such as powers of attorney.
What to do about conflicting policies?
Ensure the agreement references and aligns with the employee handbook or policy manual; explicitly state whether handbook provisions are incorporated to avoid inconsistency.
How to correct a signed agreement?
Corrections require mutual assent: execute an amendment or replacement agreement signed by both parties. Avoid unilateral edits to executed documents to prevent disputes.

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