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Employee Employer Agreement

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EMPLOYEE EMPLOYER AGREEMENT

This Employee Employer Agreement (the "Agreement") is entered into on by and between Employer Name: with principal address: and Employee Name: , residing at: .

RECITALS

WHEREAS, Employer desires to employ Employee and Employee desires to accept employment upon the terms and conditions set forth in this Agreement; and WHEREAS, the parties intend that Employee perform duties and responsibilities for Employer in the position described below.

POSITION, DUTIES, AND START DATE

Employee's anticipated start date: . Employee shall perform such duties and responsibilities as are customary for the position and as may be reasonably assigned by Employer from time to time.

COMPENSATION, BENEFITS, AND PAY

Employment status (check all that apply):

WORK SCHEDULE AND LOCATION

PROBATIONARY PERIOD

Employee shall be subject to a probationary period of months during which Employer may terminate employment with or without notice or cause. Performance during the probationary period will be evaluated by the Reporting Manager.

EMPLOYMENT HISTORY

to
to

EDUCATION

PROPRIETARY INFORMATION, CONFIDENTIALITY, AND INTELLECTUAL PROPERTY

Employee acknowledges and agrees that in the course of employment Employee will have access to and may create confidential and proprietary information of Employer and its clients, including but not limited to trade secrets, customer lists, pricing, product designs, technical data, and business plans ("Confidential Information"). Employee shall not, during or after employment, disclose, use or permit the use of any Confidential Information except as required in the performance of Employee's duties for Employer. All inventions, discoveries, improvements, works of authorship, software, developments and related intellectual property conceived, developed or reduced to practice by Employee, alone or with others, within the scope of employment or using Employer's resources, shall be the exclusive property of Employer and Employee hereby assigns to Employer all right, title and interest thereto.

NON-SOLICITATION AND NON-COMPETE

During employment and for a period of months following termination, Employee shall not directly solicit Employer's clients or employees for purposes competitive with Employer's business. Any non-compete restriction shall be no broader than necessary to protect Employer's legitimate business interests and shall be construed in light of reasonableness and enforceability.

TERMINATION

Employment is at-will unless otherwise expressly set forth in a separate written agreement signed by both parties. Either party may terminate employment at any time, with or without cause and with or without notice, subject to applicable law. Employer may terminate immediately for cause, including but not limited to material breach, theft, fraud, willful misconduct, or violation of Employer policies.

Acknowledgment of At-Will Employment:

DISPUTE RESOLUTION

The parties agree that any dispute arising out of or relating to this Agreement shall be resolved first by good faith negotiation. If unresolved, disputes shall be submitted to final and binding arbitration administered in accordance with the applicable arbitration rules agreed by the parties. Judgment upon the award may be entered in any court of competent jurisdiction. This clause does not prevent either party from seeking injunctive relief in a court of competent jurisdiction to prevent irreparable harm.

NOTICES

MISCELLANEOUS

Governing law: This Agreement shall be governed by and construed in accordance with the laws of the state specified in Employer Notice Address without regard to its conflict of law rules. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements, whether written or oral. Any amendment must be in writing and signed by both parties.

APPLICANT CERTIFICATION AND AUTHORIZATION

I certify that all information provided in this Agreement and any attached statements or documents is true and complete to the best of my knowledge. I understand that any misrepresentation or omission of material facts may be grounds for immediate termination of employment. I authorize Employer to contact prior employers, educational institutions, references, and other third parties as necessary to verify the information provided and to conduct background investigations, including criminal history, credit checks where relevant and permitted by law.

Authorization to Contact Previous Employers and Conduct Background Checks:

REFERENCES

EQUAL OPPORTUNITY EMPLOYER

Employer is an equal opportunity employer and does not unlawfully discriminate against any employee or applicant for employment on the basis of race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, or any other status protected by applicable law.

ACKNOWLEDGMENT

By signing below, Employee acknowledges receipt of this Agreement, affirms that Employee has read and understands its terms, and agrees to be bound by all provisions herein. Employee further certifies that all information provided in connection with employment is accurate and complete.

Employer Printed Name:

By:

Date:

Employee Printed Name:

By:

Date:

Enter text✕

What an Employee Employer Agreement Is and When It Applies

An Employee Employer Agreement is a written contract that sets out the rights and responsibilities between an employer and an employee. It typically covers role and duties, compensation, work schedule, confidentiality, intellectual property, non-competition or non-solicitation terms, and termination provisions. These agreements can be standalone employment contracts, offer letters with detailed terms, or appended as policy acknowledgements. Properly completed agreements help clarify expectations, reduce misunderstandings, and create enforceable obligations under contract law and relevant federal or state statutes.

Why the Employee Employer Agreement Matters

A clear agreement protects both parties by documenting duties, pay, confidentiality, and dispute resolution while establishing choice of law and signature records necessary for enforcement and regulatory compliance.

Why the Employee Employer Agreement Matters

Who Typically Prepares or Signs This Agreement

Employers, HR teams, hiring managers, and individual employees are the main participants in drafting, reviewing, and signing these agreements.

  • Human resources professionals responsible for onboarding and compliance in mid-size and large organizations.
  • Hiring managers and executives who negotiate role specifics or senior employment terms.
  • Individual employees and contractors who need clarity on compensation, IP, confidentiality, and termination.

Legal counsel frequently reviews non-standard provisions, high-level executive terms, or any clause that may implicate restrictive covenant or wage-and-hour law.

Step-by-Step: Completing the Agreement

Complete the agreement in sequence to avoid missing dependencies and ensure correct dates and signatories.

  • 01
    Prepare Draft: Populate all fields and attach exhibits.
  • 02
    Review Terms: Legal or HR reviews restrictive covenants and compensation.
  • 03
    Set Signing Order: Assign employer and employee signing sequence.
  • 04
    Capture Signatures: Obtain dated electronic or wet signatures and retain audit trail.

How Electronic Signing and Submission Typically Works

Electronic workflows reduce cycle time while preserving records required for legal validity under ESIGN and UETA.

  • Upload: Sender uploads the agreement to the signing platform.
  • Place Fields: Add signature, date, and initial fields where required.
  • Authenticate: Choose signer authentication (email, SMS, or stronger).
  • Complete: Signer reviews, signs, and receives completed copy with audit trail.

Common Digital Workflow Settings to Configure

Configure these settings before sending to ensure secure, auditable signing and correct routing.

Field Configuration
Authentication Email link or SMS one-time code
Routing Order Sequential or parallel signer order
Reminders Automated reminder frequency and schedule
Conditional Fields Show or hide fields based on answers

Technical and Integration Considerations

Choose a platform that supports the file formats you use and integrates with HR, payroll, or document management systems.

  • File Formats: PDF and DOCX supported
  • Integrations: Salesforce, NetSuite, Google Workspace
  • Authentication: SMS, email, or advanced options

Ensure the platform can produce an audit trail, export signed records in standard formats, and meet any industry compliance requirements.

Key Deadlines and Regulatory Dates to Observe

Track signing and reporting deadlines to avoid penalties and ensure payroll and employment records remain compliant.

Employee Signature Deadline:

Complete signature before or on the effective start date

I-9 Completion Window:

Employer must complete Section 2 within three business days of hire

W-2 Distribution:

Employers must provide W-2 to employees by January 31

Record Retention Start:

Retention periods begin on the agreement effective date

Tax Reporting Dates:

File required payroll returns and information returns on statutory dates

Typical Processing Milestones

A sequential view of major processing milestones and who is responsible at each stage.

01

Offer and Acceptance

Offer issued and employee signs to accept employment terms.

02

Onboarding Documents

Complete I-9, tax forms, and policy acknowledgements.

03

First Payroll

Confirm compensation setup before first pay cycle.

04

Record Retention

Store signed agreement and related documents per retention policy.

Common Preparation Mistakes to Avoid

  • Leaving effective date blank or inconsistent across exhibits can create ambiguity about obligations and benefits.
  • Using vague compensation terms like 'market rate' without numeric details complicates payroll and tax reporting.
  • Neglecting to confirm choice-of-law and jurisdiction for disputes increases litigation complexity.
  • Failing to capture a robust audit trail for electronic signatures weakens proof of signer intent and attribution.

Potential Consequences of an Incorrect or Incomplete Agreement

Contract Voidability: May render key provisions unenforceable
Payroll Penalties: Incorrect reporting can trigger tax penalties
I-9 Violations: Civil fines and administrative enforcement
HIPAA Exposure: Breach fines where PHI is mishandled
Litigation Costs: Higher defense and settlement expenses
Reputational Harm: Loss of trust with employees and regulators

Security and Compliance Considerations

Encryption: TLS 1.2/1.3 in transit
Data at Rest: AES-256 encryption applied
Audit Trail: Timestamped signer events retained
HIPAA Compliance: BAA required for PHI workflows
ESIGN/UETA: E-signatures recognized under federal and state law
SOC 2: Controls aligned with SOC 2 Type II

Core Provisions to Include in a Professional Agreement

These six elements form the backbone of a clear, enforceable Employee Employer Agreement and reduce downstream disputes.

Parties

Identify employer and employee with legal entity names and contact details to prevent ambiguity and ensure serviceability.

Term

Specify whether employment is at-will or fixed-term and include start date and any renewal conditions.

Duties

Describe essential job responsibilities and reporting lines to set performance expectations and classification.

Compensation

Detail pay rate, pay schedule, bonus criteria, equity terms, and benefits to support payroll and tax compliance.

Confidentiality

Include nondisclosure and IP assignment provisions to protect proprietary information and work product.

Termination

Define notice, severance (if any), cure periods, and post-termination obligations such as return of property.

Comparing eSignature Pricing and Key Features

A pricing snapshot comparing common vendor starting prices and fundamental capabilities; signNow is listed first for straightforward comparison.

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 7-day free trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No envelope cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About Employee Employer Agreements

Answers to common issues encountered when preparing, signing, and storing employment agreements in the United States.


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