Fill and Sign the Cook Disability Form

Employment Agreement with Cook who has a Learning Disability Agreement made on the _________________ (date) , between ____________________ (Name of Employee) of ________________________________________________________ _______________________ (street address, city, county, state, zip code) , referred to herein as Employee , and _____________________ (Name of Employer) , a limited liability company 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 owns and operates a restaurant located at _________________ ___________________________________________________________ (street address, city, state, zip code) specializing in (e.g., seafood) ______________________ ; and Whereas, Employee is a qualified cook; and Whereas, Employer has extended an offer of employment to Employee , and Employee accepts such offer, on the terms and conditions set forth below. 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 Employer employs Employee , and Employee accepts employment with Employer , on the terms and conditions set forth in this Agreement. 2. Term of Employment This Agreement is effective on day and date set forth above, and shall remain in effect for one year, subject to the termination provisions of this Agreement. The parties agree to meet to discuss a new employment contract no less than ________ (number) days before the end of Employee’s first year of employment. Unless otherwise extended, modified, or terminated, employment of Employee under this Agreement shall be on a month-to-month basis after the original term ends. A month-to-month contract is terminable by either party by giving written notice to the other party _______ (number) days prior to the contemplated termination date. 3. Duties The duties of Employee shall consist of cooking such food as directed by his supervisor, normally during the hours of _______ A.M and ________ P.M. ______ (number) days a week with _________________ (day of week) off. 4. Compensation During the term of this Agreement, Employer shall pay Employee a salary of $___________ per hour for services performed on Employer 's behalf. Employee 's salary shall be paid to Employee (e.g. bi-monthly or semi-monthly) _______________________. Additionally, Employer may pay Employee bonuses in amounts and at times within Employer's sole discretion, taking into consideration Employee's salary and other relevant circumstances. 5. Vacation Employee is entitled to an unpaid vacation of up to ______ days per year. Requests for such time off must be made by Employee to Employee’s supervisor at least two weeks in advance of the time off. 6. Trade Secrets Employee agrees not to disclose to any person or entity any information regarding the business of Employer , including its recipes, products, prices, manner of operations, without first obtaining Employer 's written consent. If Employee breaches this section, Employer shall be entitled, among other remedies, to injunctive relief prohibiting Employee from disclosing such information. This section shall survive termination of this Agreement. 7. Termination This Agreement shall continue in effect until terminated as provided below. A. Either party shall have the right, at any time, to cancel and terminate this agreement by giving at least _________ (number) days' written notice to the other party. B. This Agreement shall also terminate upon the death, disability, termination of employment of the Employee for cause, as hereinafter defined, and termination of the employment of Employee without cause. 1. Termination for Cause. In the event of a termination for cause , Employer shall pay Employee all accrued and unpaid Salary and vacation through the date of termination. 2. Termination without Cause. In the event of a termination without cause , Employer shall pay Employee all accrued and unpaid Salary and vacation through the date of termination and the sum of $______________ as liquidated damages in full settlement of any claim of breach of contract or violation of state or federal law that Employee has against Employer. Employee must sign a Release with terms satisfactory to Employer before being entitled to receive such payment. 3. Termination upon Death. In the event of a termination upon the death of Employee , the Employer shall pay to any person designated by the Employee in writing or, if no such person is designated, to his estate, the pro-rata balance of the salary which would otherwise be payable to the Employee for the month in which death occurred. 4. Definition of "For Cause". As used herein, the term For Cause shall mean (i) Employee 's conviction in a court of law of any crime or offense involving willful misappropriation of money or other property or any other crime involving moral turpitude which constitutes a felony, whether or not involving the Employer ; (ii) disobedience of a material directive from Employer; (iii) Employee 's habitual drunkenness or habitual use of illegal substances; or (iv) breach of his responsibilities under this Agreement. 8. Learning Disability of Employee Employee has informed Employer, and Employer acknowledges that Employee has a learning disability in that he (describe disability) ___________________________________ _________________________________________________________. Employer agrees to make such reasonable accommodations as necessary so that Employee may adequately perform his job. Employer agrees not to terminate Employee because of such disability . For purposes of this Agreement, reasonable accommodation shall mean modifying or adjusting a job work environment to enable a qualified individual with a disability to adequately perform his job. 9. 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. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. 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, Employer , or other entity without the prior, express, and written consent of the other party. 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) ____________________________ ________________________ (P rinted name & Office in Employer) (Signature of Employee) ____________________________ (Signature of Employer)