Can an employment agreement be e-signed?

Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.

Is notarization required?

Not typically for standard employment agreements. Notarization may be needed for specific attestations or where state law or a third party requires it; check state rules before requesting notarization.

What if the employee’s name differs from tax records?

Mismatched names can delay payroll or trigger backup withholding. Verify legal name and TIN on the W-9/W-4 and correct records before payroll processing.

How long must I retain the signed agreement?

Retain during employment and for at least three years after termination; I-9s have specific retention rules (8 CFR §274a.2) and HIPAA-related records may require six years (45 CFR §164.530(j)).

Can I require a particular state’s law to govern?

Yes. A governing law clause designates which state’s law will interpret the agreement, but enforceability may be limited if it conflicts with mandatory protections where the employee works.

How to fix a signed error in the agreement?

Execute a written amendment signed by both parties or reissue a corrected agreement and obtain new signatures; document the reason for the correction for audit purposes.

Electronic Signature
Templates
HR
Employee Employment Position Agreement

Employee Employment Position Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

EMPLOYEE EMPLOYMENT POSITION AGREEMENT

Parties and Effective Date

This Employment Position Agreement (the Agreement) is entered into between Employer Name: and Employee Name: .

Effective Date:

Personal Information

Full Legal Name Home Address

Phone

Email

Position Information

Position Title: Department:

Reporting Manager: Work Location:

Start Date: Employment Status: Full-Time Part-Time Temporary

Exempt Status: Exempt Non-Exempt

Compensation and Benefits

Base Salary or Wage

Pay Frequency: Bonus Eligibility: Eligible

Benefits (summary)

Duties, Hours and Performance

Principal Duties and Responsibilities

Regular Work Hours: Overtime Expectation:

Performance Review Schedule

Probationary Period

Employee will be subject to a probationary period of during which performance and suitability for continued employment will be evaluated. Employer may terminate employment during or at the conclusion of the probationary period for any lawful reason.

Confidentiality; Inventions; Intellectual Property

Employee acknowledges that in the course of employment Employee will have access to confidential and proprietary information. Employee agrees to hold such information in strict confidence and, to the extent permitted by law, hereby assigns and agrees to assign to Employer all inventions, discoveries, works of authorship, trade secrets and other intellectual property developed or reduced to practice by Employee during the term of employment that relate to Employer's business or actual or demonstrably anticipated research or development. Employee further agrees to execute documents reasonably necessary to effectuate these assignments.

Non-Solicitation and Non-Competition

For the duration of employment and for a period of following termination, Employee shall not solicit Employer's clients or employees in a manner that harms Employer's legitimate business interests, except where prohibited by applicable law. Specific restrictions, geographic scope and consideration for any covenant are set forth in any separate restrictive covenants executed by the parties.

At-Will Employment and Equal Opportunity

Unless otherwise expressly set forth in a separate written agreement signed by an authorized representative of Employer, employment is at-will: either party may terminate the employment relationship at any time, with or without cause or notice. Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, or any other protected characteristic under applicable law.

Background Check and Authorization

I authorize Employer to obtain and review background information, including employment verification, criminal history, motor vehicle records where job-related, and educational verification, as permitted by law. I understand that any offer of employment may be conditioned on satisfactory completion of such checks.

I authorize background and reference checks as described above

Employment History (Most Recent)

Employer 1 - Company Name

Responsibilities Reason for Leaving Employer 2 - Company Name

Responsibilities Reason for Leaving

Education

Highest Degree Institution Graduation Date

Professional References

Reference 1

Reference 2

Reference 3

Applicant Certification and Authorizations

I certify that the information provided in this Agreement and any attachments is true, complete and correct to the best of my knowledge. I understand that any material misrepresentation or omission may constitute grounds for disqualification from employment or termination.

I authorize Employer and its representatives to contact any references, former employers, educational institutions and other entities to verify information and to obtain any records or information relevant to my suitability for employment. I release all parties from liability for providing such information.

I certify that the statements above are true and I authorize the described verifications.

Severability; Governing Law; Entire Agreement

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions will remain in full force and effect. This Agreement contains the entire understanding of the parties relating to its subject matter and supersedes prior representations and agreements, unless otherwise stated in a written instrument executed by both parties. This Agreement will be governed by the laws of the state or jurisdiction specified in any separate employer policy applicable to the employee.

Employee:

By:

Date:

Employer:

By:

Date:

What the Employee Employment Position Agreement Is and when it applies

An Employee Employment Position Agreement is a written contract that sets out the terms governing an individual’s employment relationship and specific position responsibilities. It typically records the job title, duties, compensation, hours, probationary terms, at-will or fixed-term status, benefits eligibility, confidentiality obligations, and termination provisions. Employers and new hires use this document to align expectations, document mutual obligations, and provide a record that can be referenced for performance reviews, payroll setup, and dispute resolution. It may accompany an offer letter or be part of an employee file.

Why a clear, signed agreement matters for both parties

A signed Employee Employment Position Agreement reduces ambiguity about duties, pay, and conditions, helps manage legal risk, and supports consistent HR administration. For employers it documents authorization levels and confidentiality commitments; for employees it clarifies compensation, reporting lines, and performance expectations.

Core components to include in a professional agreement

A complete Employee Employment Position Agreement balances operational detail with legal clarity. Include sections that define the relationship, set expectations, and establish remedies while avoiding vague terms that could create disputes.

Position Title

Exact job title, department, and reporting manager to avoid role ambiguity and align payroll and benefits setup.

Duties

Concise list or reference to a job description that defines primary responsibilities and any discretionary duties.

Compensation

Salary or hourly rate, pay schedule, bonus eligibility, and any commission formulas or equity grant basics.

Hours & Location

Expected work hours, remote or on-site status, travel requirements, and timekeeping rules.

Term & Termination

At-will statement or fixed term, notice requirements, severance terms, and grounds for immediate termination.

Confidentiality & IP

Nondisclosure obligations, intellectual property assignment, and post-employment restrictions, if applicable.

Step-by-step: how to complete and execute this agreement

Follow these steps to prepare, review, sign, and store the completed agreement efficiently and in compliance with U.S. electronic signature law.

01

Prepare Draft: Assemble role, pay, and benefits details; attach job description and exhibits.
02

Internal Review: Have HR and legal review terms for consistency with company policy and state law.
03

Send to Employee: Deliver the draft for employee review with clear response deadlines and contact for questions.
04

Execute and Store: Obtain signatures (electronic or wet), date the document, and save a copy in the employee file.

Customizing the online workflow for digital completion

Configure the signing workflow so the correct parties receive the document in the right order and with appropriate authentication.

Field	Configuration
Signer Order	Sequential or parallel routing to employer rep then employee
Authentication	Email link with optional SMS code or KBA for higher assurance
Required Fields	Make signature, date, and compensation fields mandatory
Storage	Auto-save signed PDF to HRIS or secure cloud storage

Where the completed agreement should be sent and stored

Decide recipient lists and final storage locations to support compliance, payroll setup, and audits.

Employee Copy: Provide PDF for employee retention and reference
HR Records: Save signed copy in the official personnel file in HRIS
Payroll Team: Deliver compensation and start-date details to payroll
Legal Repository: Archive sensitive clauses and executed exhibits with legal counsel

Digital signing considerations and platform capabilities

Choose an eSignature platform that supports required authentication, audit trails, and secure storage.

Authentication: Email, SMS, or advanced KBA options
Audit Trail: IP, timestamp, action log
File Formats: PDF and DOCX support

Ensure the selected solution can produce a tamper-evident PDF, retain records, and meet any industry-specific compliance obligations.

Who typically prepares and signs this agreement

Several internal and external roles commonly create, review, or sign Employee Employment Position Agreements.

HR professionals and recruiters who assemble offer terms and onboarding packages
Hiring managers who confirm duties, reporting structure, and performance criteria
New employees who accept terms and provide required personal and tax information

When multiple signatories are involved (e.g., executive approval), route signatures in sequence to ensure proper authorization before final execution.

Typical signatories and their roles

HR Representative

An HR representative or recruiter prepares the agreement, confirms benefit eligibility, and acts as the primary contact during onboarding. They ensure payroll fields are completed and the signed copy is stored in the HR information system for compliance and audits.

Employee

The employee reviews terms, confirms personal and tax details, and signs the agreement. Their signed copy constitutes consent to employment terms and triggers payroll, benefits enrollment, and access provisioning.

Essential data elements to collect and verify

Legal Name: Match ID

Social Security: For payroll/tax

Start Date: MM/DD/YYYY

Compensation: Rate and cadence

Work Location: State for tax

Signature: Signed and dated

Key deadlines and timing to keep in mind

Track critical dates to meet onboarding, tax, and document-retention requirements when you execute an employment agreement.

Effective Date:

Date duties and compensation commence; enter as MM/DD/YYYY

I-9 Completion:

Complete within three business days of hire (document retention per 8 CFR §274a.2)

W-4 Provision:

Employee should submit federal W-4 before first payroll run

Payroll Setup:

Align pay schedule with the first pay period to avoid retro adjustments

Record Filing:

File signed agreement to personnel file immediately after execution

Milestone timeline from offer to active employment

A sequenced milestone view helps coordinate recruiting, HR, payroll, and IT tasks for a smooth start.

01

Offer Issued

Hiring manager approves and HR sends offer for employee review.

02

Agreement Signed

Employee signs the Employment Position Agreement and returns it to HR.

03

Pre-Hire Checks

Background checks and eligibility verification are completed before start date.

04

First Day Setup

Payroll, benefits, and access provisioning are activated on the effective date.

Common mistakes to avoid when preparing the agreement

Using vague job descriptions that leave essential duties undefined and invite disputes over expectations
Failing to align compensation language with payroll setup, causing withholding or overtime calculation errors
Omitting governing law or state choice, which can complicate dispute resolution when parties work across states
Allowing unsigned or undated agreements into the employee file, which can weaken enforceability

Principal legal and operational risks of an incorrect agreement

Tax Misclassification: Penalty risk

Wage Claims: Overtime liability

Invalid Clause: Noncompete unenforceable

Recordkeeping: Regulatory fines

Privacy Breach: HIPAA / state law exposure

I-9 Violations: Civil penalties

eSignature vendor pricing and capability snapshot for executing employment agreements

Compare baseline pricing and core capabilities relevant to executing and storing signed employment agreements. signNow is listed first as the baseline reference.

	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 vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (Business Premium)	Yes	Yes	Yes	Varies
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies	Varies	Varies

Real-world use cases for Employee Employment Position Agreements

Deployment examples show how agreements support routine hiring and specialized engagements.

New Hire Onboarding

A mid-size employer issues a standardized agreement for all salaried hires to streamline onboarding and payroll integration.

The template includes pay, benefits, and confidentiality terms.
Standardization reduced administrative errors and ensured consistent application of company policies while making it easier to scale hiring.

Contract-to-Hire Transition

A staffing team converts a contractor role into a permanent position by issuing an updated employment agreement with salary and benefits.

The new agreement supersedes the contractor terms.
Clear written terms avoided misunderstandings about start date, benefits eligibility, and probationary review, improving retention and compliance.

FAQs and troubleshooting for executing the agreement

Answers to common questions about form completion, electronic signatures, and retention for Employee Employment Position Agreements.

Need help? Contact support

Can an employment agreement be e-signed?
Yes. Electronic signatures are generally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided intent, consent, attribution, and record retention requirements are met.
Is notarization required?
Not typically for standard employment agreements. Notarization may be needed for specific attestations or where state law or a third party requires it; check state rules before requesting notarization.
What if the employee’s name differs from tax records?
Mismatched names can delay payroll or trigger backup withholding. Verify legal name and TIN on the W-9/W-4 and correct records before payroll processing.
How long must I retain the signed agreement?
Retain during employment and for at least three years after termination; I-9s have specific retention rules (8 CFR §274a.2) and HIPAA-related records may require six years (45 CFR §164.530(j)).
Can I require a particular state’s law to govern?
Yes. A governing law clause designates which state’s law will interpret the agreement, but enforceability may be limited if it conflicts with mandatory protections where the employee works.
How to fix a signed error in the agreement?
Execute a written amendment signed by both parties or reissue a corrected agreement and obtain new signatures; document the reason for the correction for audit purposes.

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