Employment Contract with Managing Director for Public Relations
Employment 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 Employer 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 engaged in the business of (describe business) ____________
__________________________________________________________________; and
Whereas, Employer desires to retain a Managing Director for Public Relations; and
Whereas, Employee desires to be retained as such Managing Director for Public
Relations; and
Whereas, Employer desires retain Employee as its Managing Director for Public
Relations;
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:
I. Employment and Duties
A. Employer employs Employee to serve as its Managing Director for Public
Relations to perform the duties set forth in Subparagraph B as well as such other duties as
may be determined and assigned to Employee by (designation of officer, e.g., Chief
Operating Officer) _______________________________.
B. Employee accepts and agrees to act as such Managing Director for Public
Relations, and agrees to be subject to the general supervision, advice and direction of the
Employer and the Employer's (designation of officer, e.g., Chief Operating Officer)
______________________________. Employee shall also perform such other duties as are
customarily performed by a Managing Director for Public Relations, such other and unrelated
services and duties as may be assigned to the Employee from time to time by the Employer,
and the duties specifically set forth in Exhibit A attached hereto and incorporated herein by
reference.
C. Employee agrees to perform faithfully, industriously, and to the best of the
Employee's ability, experience, and talents, all of the duties that may be required by the express
and implicit terms of this Agreement, to the reasonable satisfaction of the Employer.
II. Compensation of Employee
As compensation for the services provided by the Employee under this Agreement, the
Employer will pay the Employee an annual salary of $_____________ payable (e.g., monthly
on the first day of each month) _________________________________________________.
The salary shall be reviewed (e.g., the first day June each year) _______________________
_____________________________ for merit increases. Except as specifically set forth in this
Agreement, upon termination of this Agreement, payments under this Paragraph shall cease;
provided, however, that the Employee shall be entitled to payments for periods or partial periods
that occurred prior to the date of termination and for which the Employee has not yet been paid
and accrued vacation, but untaken, vacation time.
III. Expense Reimbursement
Employer shall pay or reimburse Employee for all reasonable and necessary business,
travel or other expenses incurred by him in the course of his duties with the prior consent of the
Employer, upon proper documentation thereof.
IV. Vacation
Employee shall be entitled to (e.g., three weeks) ________________________ of paid
vacation each year. Such vacation must be taken at a time mutually convenient to the Employer
and the Employee, and must be approved by the Employer. Requests for vacation shall be
submitted to the Employee's (designation of officer, e.g., Chief Operating Officer)
________________________________________ (e.g., thirty) ________ days in advance of
the requested beginning date.
V. 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. In addition, the Employer shall pay for ______ months from the date of
death, on behalf of the Employee 's surviving dependents, the COBRA insurance
premiums of such dependents. No provisions of this Agreement shall limit any of
the Employee 's rights under any insurance, pensions or other benefit programs
of the Employer for which the Employee shall be eligible at the time of such
death.
4. Termination upon Disability.
In the event of a termination upon the Disability of Employee , the
Employer shall pay to the Employee or any person designated by the Employee
an amount equal to Disability Payment, as herein defined, for ____ months. The
Disability Payment shall be an amount equal to the Salary which would otherwise
be payable to Employee , less any monies received by Employee or any person
designated by the Employee pursuant to disability income policies maintained by
the Employer on behalf of the Employee . Upon termination upon Disability, the
Employer shall pay for _____months from the date of Disability, the COBRA
insurance premiums of the Employee and his dependents.
5. 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.
6. Definition of Disability
The term Disability, as used herein, shall include a situation where
Employee is mentally or physically incapable or unable to perform his regular and
customary duties of employment with the Employer for a period of _____ days in
any ______ day period.
VI. Confidentially
The Employee recognizes that the Employer has and will have information regarding the
following: inventions, products, product design, processes, technical matters, trade secrets,
copyrights, customer lists, prices, costs, business affairs, future plans, and other vital
information items (collectively, Information ) which are valuable, special and unique assets of
the Employer. The Employee agrees that the Employee will not at any time or in any manner,
either directly or indirectly, divulge, disclose, or communicate any Information to any third party
without the prior written consent of the Employer. The Employee will protect the Information and
treat it as strictly confidential. A violation by the Employee of this paragraph shall be a material
violation of this Agreement and will justify legal and/or equitable relief.
VII. Confidentiality after Termination of Employment
The confidentiality provisions of this Agreement shall remain in full force and effect for a
________ month period after the termination of the Employee 's employment.
VIII. Covenant Not to Compete
The Employee recognizes that the various items of Information are special and unique
assets of the Employer and need to be protected from improper disclosure. In consideration of
the disclosure of the Information to the Employee , the Employee agrees and covenants that for
a period of ______ months following the termination of this Agreement, whether such
termination is voluntary or involuntary, the Employee will not directly or indirectly engage in any
business competitive with the Employer. This covenant shall apply to the geographical area that
includes (describe) ___________________________________________________________
____________________________________________________________________________.
Directly or indirectly engaging in any competitive business includes, but is not limited to: (i)
engaging in a business as owner, partner, or agent, (ii) becoming an employee of any third party
that is engaged in such business, (iii) becoming interested directly or indirectly in any such
business, or (iv) soliciting any customer of the Employer for the benefit of a third party that is
engaged in such business. The Employee agrees that this non-compete provision will not
adversely affect the Employee 's livelihood.
IX. 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.
X. Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the
laws of the State of _________________.
XI. 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.
XII. 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.
XIII. 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.
XIV. 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.
XV. 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.
XVI. 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.
XVII. Counterparts
This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute but one and the same
instrument.
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)
EXHIBIT A
Specific Duties of Managing Director for Public Relations
In addition to the duties set forth in the Employment Contract with Managing Director for
Public Relations, to which this Exhibit is attached to and made a part of by reference,
specific duties of Employee shall include the following:
Supervise Pubic Relations Staff;
Ensure Staff is meeting client deadlines;
Ensure Staff is executing strategy/communications plans;
Supervise Staff, providing them with training, counsel and other support, as needed;
Serve as senior-level client contact;
Monitor and ensure overall client satisfaction;
Develop and recommend communications strategies and plans for clients;
Oversee new business development;
Oversee all media contact and advertisements;
Oversee new biz proposal development;
Oversee Employer marketing;
Identify, suggest, and develop platforms for promoting the Employer such as
sponsorships, panels, and byline opportunities;
Oversee development of strategy for increasing online presence;
Oversee all aspects of the operations of the public relations office; and
Make budget recommendations for the public relations office and any needed changes
in the administrative structure.
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)