General Form of Employment Agreement
Employment agreement made _________________ (date), between
____________________________ (Name of Employer), a corporation organized and
existing under the laws of the state of ______________, with its principal office located
at ____________________________________________________________________
(street address, city, state, zip code) , referred to herein as Employer, and
______________________ (Name of Employee), of ___________________________
_______________________________________________________ (street address,
city, state, zip code) , referred to herein as Employee.
Whereas, Employer is engaged in the business of ________________________
(type of business) , and maintains an office at ________________________________
________________________________________________________ (street address,
city, state, zip code) ; and
Whereas, Employee has been engaged and has had a great deal of experience
in the above-designated business; and
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;
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 A. Employer employs, engages, and hires Employee as an) _____________
(position) to ______________________________________________________
________________________________________________________________
_________________________________________ (description of duties), 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/her) from time
to time by Employer.
2. BEST EFFORTS OF EMPLOYEE
Employee agrees that _____ (he/she) will at all times faithfully, industriously, and
to the best of _____ (his/her) ability, experience, and talents, perform all of the duties
that may be required of and from _____ (him/her) pursuant to the express and implicit
terms of this agreement, to the reasonable satisfaction of Employer. Such duties shall
be rendered at _________________________________________________________
______________________ (address of employment), 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 a period of ____ (number) years,
commencing on _______________ (date), and terminating on ________________
(date) , subject, however, to prior termination as provided in this Agreement. At the
expiration date of _________________ (date), this Agreement shall be considered
renewed for regular periods of one year, provided neither party submits a notice of
termination.
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 _______ (number) and
______ (number) days 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. TERMINATION DUE TO DISCONTINUANCE OF BUSINESS
In spite of anything contained in this Agreement to the contrary, if Employer shall
discontinue operating its business at ________________________________________
_______________________________________________________ (street address,
city, state, zip code) , then this Agreement shall terminate as of the last day of the
month in which Employer ceases operations at such location with the same force and
effect as if such last day of the month were originally set as the termination date of this
Agreement.
6. OTHER EMPLOYMENT
Employee shall devote all of _____ (his/her) 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, and Employee shall not, during the term of this Agreement, be
interested directly or indirectly, in any manner, as partner, officer, director, shareholder,
advisor, Employee, or in any other capacity in any other business similar to Employer's
business or any allied trade; provided, however, that nothing contained in this section
shall be deemed to prevent or to limit the right of Employee to invest any of ______
(his/her) money in the capital stock or other securities of any corporation whose stock
or securities are publicly owned or are regularly traded on any public exchange, nor
shall anything contained in this section be deemed to prevent Employee from investing
or limit Employee's right to invest _____ (his/her) money in real estate.
7. RECOMMENDATIONS FOR IMPROVING OPERATIONS
Employee shall make available to Employer all information of which Employee
shall have any knowledge and shall make all suggestions and recommendations that
will be of mutual benefit to Employer and Employee.
8.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.
9. AGREEMENTS OUTSIDE OF CONTRACT
This Agreement contains the complete Agreement concerning the employment
arrangement between the parties and shall, as of the effective date of this Agreement,
supersede all other agreements between the parties. The parties stipulate that neither
of them has made any representation with respect to the subject matter of this
Agreement or any representations including the execution and delivery of this
Agreement except such representations as are specifically set forth in this Agreement,
and each of the parties acknowledges that the party has relied on its own judgment in
entering into this Agreement. The parties further acknowledge that any payments or
representations that may have been made by either of them to the other prior to the
date of executing this Agreement are of no effect and that neither of them has relied on
such payments or representations in connection with the party's dealings with the other.
10. VACATION
Employee shall be entitled to _____ (number) 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.
11. 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 evidenced in writing
signed by each party or an authorized representative of each party.
12. TERMINATION
A. This Agreement may be terminated by either party on _____ (number)
days' written notice to the other. If Employer shall so terminate this Agreement,
Employee shall be entitled to compensation for _____ (number) 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.
13.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/her) in care of Employer at ______________________________________
________________________________________ (street address, city, state,
zip code) , 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/she) shall have been continuously unable or
unwilling or shall have failed to perform _____ (his/her) duties under this
Agreement for _____ (number) 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 _____
(number) 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
_______________ (date), and terminating on ______________ (date), during
the term of this Agreement.
14. Severability The invalidity of any portion of this Agreement will not and shall not be deemed to
affect the validity of any other provision. If any provision of this Agreement is held to be
invalid, the parties agree that the remaining provisions shall be deemed to be in full
force and effect as if they had been executed by both parties subsequent to the
expungement of the invalid provision.
15. 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.
16. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance
with the laws of the State of ____________.
17. NoticesUnless provided herein to the contrary, 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.
18. 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.
19. 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.
20. 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.
21. Compliance with Laws In performing under this Agreement, all applicable governmental laws,
regulations, orders, and other rules of duly-constituted authority will be followed and
complied with in all respects by both parties.
22. In this Agreement, 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:_________________________
(Printed Name of Employee) _________________________
________________________ (Printed Name & Office in Corporation)
(Signature of Employee) _________________________
(Signature of Officer)