Can this agreement be signed electronically?

Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Ensure intent, consent, signer attribution, and reliable record retention to meet the four-part ESIGN test.

When is notarization required?

Notarization is only required for specific attachments or state-mandated filings. Check state rules for deeds or POAs; some states require witnesses for certain instruments.

Who should sign on behalf of a company?

An authorized officer or delegated signatory must sign. Verify corporate authority via board minutes or a company resolution when in doubt to avoid unenforceability.

Do I need a Business Associate Agreement?

If the provider will access protected health information, include a HIPAA BAA and follow 45 CFR §164.530(j) for privacy and retention obligations.

What if party names or tax IDs differ?

Mismatched legal names or TINs can block vendor onboarding and tax reporting; correct them before execution to avoid backup withholding or reporting errors.

How should signed files be stored?

Store final signed PDFs with an audit trail, access controls, and retention metadata. Follow IRS, HIPAA, and state retention requirements applicable to your records.

Electronic Signature
Templates
HR
Employee Managed Services Agreement

Employee Managed Services Agreement

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

EMPLOYEE MANAGED SERVICES AGREEMENT

This Employee Managed Services Agreement ("Agreement") is entered into as of by and between:

Employer Name: Employer Address: Employee Name: Employee Address:

Personal Information

Primary Phone: Email Address:

Position and Services

Position Title: Department:

Reporting Manager:

Anticipated Start Date:

Compensation (rate or salary):

Managed Services Description:

Employment History

Most Recent Employer - Company Name: Title / Role:

Dates Employed: From To

Primary Responsibilities: Reason for Leaving: Prior Employer - Company Name: Title / Role:

Dates Employed: From To

Primary Responsibilities: Reason for Leaving:

Education

Highest Degree: Institution:

Graduation Date:

Additional Certifications or Training:

References

Reference 1 - Name: Relationship: Reference 2 - Name: Relationship: Reference 3 - Name: Relationship:

Terms and Conditions

1. Services. Employee shall provide the managed services described in Services Description above and any ancillary services reasonably necessary to perform assigned duties. Employee shall perform services in a professional manner and in accordance with Employer policies and applicable law.

2. Term and Termination. This Agreement commences on the Effective Date and continues until terminated by either party. Either party may terminate for convenience upon written notice as specified in company policy. Employer may terminate immediately for cause, which includes material breach, dishonesty, or violation of law or Employer policy.

3. Compensation and Benefits. Employee's compensation is set forth above. Employer will withhold applicable taxes. Eligibility for benefits, if any, shall be governed by Employer benefit plans and policies.

4. Confidential Information. Employee shall not disclose or use Employer confidential information except as required to perform duties. All trade secrets, client lists, technical information, and other confidential materials created or obtained in the course of employment shall be held in strict confidence and returned upon termination.

5. Intellectual Property. Employee hereby assigns to Employer all rights, title, and interest in any work product, inventions, developments, or improvements created, conceived, or reduced to practice during the term of employment that relate to Employer's business or result from use of Employer resources.

6. Non-Solicitation. During employment and for a period of 12 months following termination, Employee shall not solicit Employer's employees, contractors, or clients for competing services.

7. Compliance with Policies. Employee agrees to comply with Employer's written policies, including but not limited to security, privacy, and acceptable use policies.

8. Indemnification and Limitation of Liability. Each party shall indemnify the other for third-party claims arising from its gross negligence or willful misconduct. Employer's liability for any claim arising under this Agreement shall be limited to direct damages and shall not include consequential or punitive damages except where prohibited by law.

9. Background Checks and Authorization. Employee authorizes Employer to obtain criminal, employment, education, and reference checks and to verify any information provided in this Agreement. Employee acknowledges that employment is contingent upon satisfactory background results where permitted by law.

I authorize Employer to conduct background and reference checks as described above.

Legal Disclosures

At-Will Employment: Nothing in this Agreement shall be construed to alter the at-will nature of the employment relationship unless a separate written agreement expressly states otherwise and is signed by an authorized officer of Employer.

Equal Employment Opportunity: Employer is an equal opportunity employer. Employment decisions are based on merit and business needs without regard to protected characteristics.

Applicant / Employee Certification and Authorizations

I certify that all information provided in this Agreement and accompanying documents is true, complete, and correct to the best of my knowledge. I understand that material misrepresentation or omission may result in disciplinary action, up to and including termination.

I authorize Employer to contact former employers, educational institutions, and references to verify information and to obtain additional information regarding my suitability for this position.

Applicant Signature below constitutes acceptance of the terms set forth in this Agreement.

Employer Printed Name:

By:

Date:

Employee Printed Name:

Signature:

Date:

What the Employee Managed Services Agreement is and when it applies

An Employee Managed Services Agreement is a written contract that defines a services relationship where one party supplies personnel, management, or staffing to perform defined work for another party. It allocates responsibilities for supervision, performance standards, service levels, compensation, benefits or reimbursements, confidentiality, intellectual property, and termination rights. Typical attachments include scope schedules, staffing rosters, rate cards, and service level matrices. The document governs operational control, tax and withholding responsibilities, insurance requirements, and handoff processes for onboarding and offboarding assigned personnel.

Why a clear agreement matters for operations and compliance

A well-drafted Employee Managed Services Agreement reduces role confusion, limits liability, and ensures consistent billing and workforce compliance. It clarifies who controls hiring, supervision, and payroll tax obligations, and it sets measurable service expectations to reduce disputes and operational delays.

Who typically prepares or signs this agreement

Final execution usually involves authorized signatories from procurement/legal and an operations lead who confirms staffing and service schedules.

Human resources and talent acquisition teams handling onboarding, benefits, and classification of assigned personnel.
Managed service providers and staffing firms that supply labor, set rates, and accept operational responsibility.
Legal or procurement departments that negotiate liability, IP assignment, and indemnity clauses.

Essential clauses to include in an Employee Managed Services Agreement

Cover these six areas to create a practical, enforceable agreement that aligns operations with legal and financial responsibilities.

Scope of Work

Define services, deliverables, locations, required certifications, and measurable acceptance criteria to avoid later disputes.

Service Levels

Include response times, uptime or availability metrics, escalation paths, remedies for missed SLAs, and reporting cadence.

Staffing and Supervision

Clarify who hires, supervises, disciplines, and replaces personnel; include background check and credential requirements.

Compensation

State rates, invoicing frequency, expense reimbursement rules, and any overtime, pass-through costs, or holdbacks.

Confidentiality

Specify data protections, permitted disclosures, IP ownership, and obligations after assignment or termination.

Termination & Indemnity

Detail termination for convenience or cause, notice periods, transition assistance, liability caps, and indemnification scope.

Key information fields to collect before execution

Legal Names: Full registered entity names

Tax ID: EIN or SSN as appropriate

Primary Address: Street, city, state, ZIP

Effective Date: MM/DD/YYYY format

Service Scope: Summary title or schedule number

Billing Terms: Net payment days and currency

Step-by-step: complete and execute the agreement

Follow these steps to prepare, review, and finalize the Employee Managed Services Agreement efficiently.

01

Gather documents: Collect EINs, insurance certificates, and employee rosters.
02

Populate fields: Enter names, dates, rates, and SOW attachments.
03

Legal review: Have procurement or counsel confirm indemnities and IP language.
04

Sign and distribute: Execute by authorized signers and share final copies to parties.

Configuring the agreement for online completion and routing

Set up a repeatable digital workflow to reduce errors and speed approvals. Configure fields and authentication to match document risk.

Field	Configuration
Authentication	Email link, SMS code, or KBA as needed
Conditional Fields	Show fields only when specific answers apply
Bulk Send	Use for mass staffing attachments and signatures
Retention	Archive signed PDFs to secure storage

Where the signed agreement is filed and how it moves

Typical routing ensures the agreement reaches legal, payroll, and the service delivery team with an auditable trail.

Upload Document: Add final draft and attachments to the signing platform.
Assign Signers: Specify signers, order, and role for each field.
Authenticate Signers: Apply required signer authentication method.
Store & Audit: Deliver signed PDF and retention metadata to records.

Technical and integration considerations for digital execution

Ensure the platform supports audit trails, SSO, and role-based access to meet compliance and internal control needs.

File formats: PDF, DOCX accepted for reliable output
Integrations: Connectors for HRIS, NetSuite, Salesforce, Box
Security: TLS in transit; AES-256 at rest

Common timeline items to track in the agreement

Track these dates and deadlines to manage staffing transitions, billing cycles, and renewal obligations reliably.

Effective Date:

Date services begin and billing commences

Staffing Notice:

Required lead time to replace or add staff

Invoice Due Date:

Net payment days specified in billing terms

Renewal Notice:

Advance notice required to renew or cancel

Transition Period:

Days of overlap for offboarding personnel

Frequent mistakes to avoid when preparing the agreement

Leaving the service scope vague, leading to differing expectations and disputes between teams.
Mismatched party names or tax IDs that prevent correct vendor setup and tax reporting.
Failing to state who owns IP created by assigned employees, resulting in later ownership disputes.
Neglecting to require proof of insurance or required licenses for assigned personnel or contractors.

Short-form risks and possible penalties

I-9 Liability: Fines $281–$2,789 per violation

Tax Withholding: Backup withholding 24% if TIN missing

Misclassification: Wage and benefit exposure, audits

Breach of Confidentiality: Contract damages and injunctive relief

Late Payment: Interest, fees, and vendor disputes

Insurance Gaps: Coverage denial for claims

Real-world examples of how organizations use this agreement

These short examples show practical uses and outcomes when the agreement is applied to managed staffing engagements.

Optica Ventures LLC

Optica used the agreement to formalize staffed teams for multiple projects, reducing onboarding time by standardizing SOWs.

"The interface is simple and easy-to-use for our team," said Brian Fitzgibbons.
After adopting the template and standardized SOW attachments, Optica reduced administrative cycle time and improved billing accuracy across multiple engagements.

Xerox (NetSuite Ops)

Xerox integrated the agreement into ERP workflows to manage staffing rosters and approvals.

"Provides us with the flexibility needed to get the right signatures," said Kodi-Marie Evans.
Embedding roster uploads and automated approvals into the contract workflow improved compliance tracking and shortened signature turnaround in their NetSuite integration.

Frequently asked questions about completing and signing this agreement

Answers to common questions about e-signatures, notarization, signatory authority, and recordkeeping for the Employee Managed Services Agreement.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted. Ensure intent, consent, signer attribution, and reliable record retention to meet the four-part ESIGN test.
When is notarization required?
Notarization is only required for specific attachments or state-mandated filings. Check state rules for deeds or POAs; some states require witnesses for certain instruments.
Who should sign on behalf of a company?
An authorized officer or delegated signatory must sign. Verify corporate authority via board minutes or a company resolution when in doubt to avoid unenforceability.
Do I need a Business Associate Agreement?
If the provider will access protected health information, include a HIPAA BAA and follow 45 CFR §164.530(j) for privacy and retention obligations.
What if party names or tax IDs differ?
Mismatched legal names or TINs can block vendor onboarding and tax reporting; correct them before execution to avoid backup withholding or reporting errors.
How should signed files be stored?
Store final signed PDFs with an audit trail, access controls, and retention metadata. Follow IRS, HIPAA, and state retention requirements applicable to your records.

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