Establishing secure connection…Loading editor…Preparing document…

Employment Position Agreement

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

EMPLOYMENT POSITION AGREEMENT

This Employment Position Agreement (Agreement) is entered into on Effective Date: by and between Employer Name: and Employee Name: .

Personal Information

Position Information

Position Title:    Department:

Anticipated Start Date:    Work Location:

Full-Time    Part-Time    Contractor

Exempt    Non-exempt

Pay Frequency:    Bonus Eligibility:

Term, At-Will Employment, and Probation

Employment is at-will and may be terminated by either party at any time, with or without cause or advance notice, subject to applicable law. Nothing in this Agreement shall be construed to alter the at-will relationship unless expressly stated in a separate written instrument signed by both parties.

Probationary Period: . During this period performance and fit will be evaluated; continued employment is not guaranteed.

Benefits, PTO, and Leaves

Eligible employees may participate in benefit plans subject to plan terms. Benefit eligibility:

Confidentiality, Inventions, and Intellectual Property

Employee will not disclose Confidential Information of Employer and will assign to Employer all right, title and interest in work product and inventions created during employment in connection with the business. Confidential Information includes trade secrets, client lists, pricing, and other non-public information. Employee agrees to execute additional agreements implementing these obligations if requested.

Non-Competition and Non-Solicitation

During employment and for a period of following termination, Employee will not directly compete with Employer within the territory described as , subject to enforceability limitations under applicable law.

Employee further agrees not to solicit Employer's employees or clients for a period of after separation.

Termination and Severance

Employer may terminate for cause, including material breach, willful misconduct, or gross negligence. If terminated without cause, Employee may be eligible for severance as follows:

Background Check and Authorization

Employee authorizes Employer to verify employment history, education, and to obtain background checks and credit checks where permitted by law. Check to indicate consent:    I authorize background checks and employment/education verification.

Employee also authorizes Employer to contact the prior employers listed in the Employment History section below for reference and verification purposes:    I authorize contact with previous employers.

Representations and Certifications

Employee represents that all information provided to Employer, whether in connection with this Agreement or the application process, is true, complete and accurate. Employee certifies they are not bound by any agreement that would prevent performance of duties under this Agreement.

Notices

Employment History

Employer 1

Dates Employed: From To

Employer 2

Dates Employed: From To

Education

Graduation Date:

Professional References

Reference 1

Reference 2

Reference 3

Equal Opportunity and Acknowledgments

Employer is an equal opportunity employer and does not unlawfully discriminate. By signing below Employee acknowledges receipt of this Agreement and that Employee has had the opportunity to ask questions and seek counsel prior to signing.

Applicant Certification and Authorization

I certify that all information provided in connection with my application and this Agreement is true and complete. I understand that false statements or omissions may result in denial of employment or termination. I authorize Employer to verify the information provided and to obtain consumer and investigative reports where permitted by law.

Employee Consent:    I certify the information is truthful and complete.

Governing Law and Dispute Resolution

This Agreement will be governed by the substantive laws of the state identified for notices. Any dispute arising from this Agreement will be resolved by the dispute resolution procedure selected below:

Arbitration    Litigation in court

Employer:

By:

Date:

Employee:

By:

Date:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What the Employment Position Agreement Is and When It Applies

The Employment Position Agreement is a written contract that sets the terms and conditions for a worker’s specific role, including duties, compensation, work schedule, reporting relationships, and any job-specific conditions such as probation, remote work, or confidentiality obligations. It documents mutual expectations between employer and employee and can be used for exempt or nonexempt roles, full-time, part-time, or fixed-term positions. While not required in every jurisdiction, a clear written agreement reduces ambiguity about deliverables, pay, and termination procedures and supports compliance with payroll, benefits, and recordkeeping obligations.

Why a Clear Position Agreement Matters

A concise Employment Position Agreement reduces disputes by documenting role scope, pay, eligibility for benefits, and termination terms, and it helps enforce confidentiality, noncompete, and IP assignment clauses where permitted by state law.

Why a Clear Position Agreement Matters

Who Typically Prepares and Signs This Agreement

Organizations and individuals that commonly use Employment Position Agreements include HR teams, hiring managers, outside counsel, and new hires; the document is useful for both corporate employers and small businesses.

  • HR and People Operations professionals who standardize terms across roles to ensure consistent pay and benefits administration.
  • Hiring managers who need a written record of duties, reporting lines, and probationary expectations for new employees.
  • External counsel or consultants who draft specialized role terms such as IP assignment, confidentiality, or executive compensation.

Use the agreement as part of the onboarding packet together with Form I-9, W-4, and benefits enrollment forms to create a complete hire file.

Essential Sections to Include in a Professional Agreement

A well-drafted Employment Position Agreement is organized and unambiguous. Include standard sections that define parties, position details, compensation, term and termination, confidentiality and IP, and dispute resolution to reduce future disagreements.

Parties

Identify employer legal entity and employee by full legal name and business address.

Position Details

Job title, reporting manager, primary duties, FLSA status (exempt/nonexempt), and regular work location or remote-work terms.

Compensation

Salary or hourly rate, pay schedule, bonus eligibility, commission structure, and overtime rules if nonexempt.

Term and Termination

Start date, probationary period if any, notice requirements, at-will language where applicable, and severance terms if offered.

Confidentiality and IP

Non-disclosure, invention assignment, and any carve-outs needed for prior inventions or permissible outside activities.

Benefits and Policies

Eligibility for health insurance, retirement plans, paid time off, and reference to employee handbook or policy documents.

Step-by-Step: How to Complete and Issue the Agreement

Follow these steps to prepare, approve, and deliver an Employment Position Agreement that aligns with company policy and legal requirements.

  • 01
    Draft: Populate required fields and attach relevant policy exhibits.
  • 02
    Internal Review: Have HR and, if needed, legal review for compliance and consistency.
  • 03
    Obtain Signatures: Send to employee for signature using eSign or in-person signing with witness/notary if required.
  • 04
    File and Distribute: Store executed copy in HR file and provide employee with a copy for their records.

How to Configure an Online Signing Workflow

Set up a straightforward digital workflow for approval and signature to ensure secure routing and an auditable trail.

Field Configuration
Signer Order Sequential: HR then employee then manager
Authentication Email + SMS code for employee; optional KBA for higher-risk roles
Required Fields Signature, date, printed name, IP/initials on critical clauses
Retention Store PDF with audit trail and keep access-controlled

Where to Send the Agreement and Common Routing Patterns

Typical routing includes HR preparation, internal approvals, signature collection, and final storage; select channels based on security needs and integrations.

  • HR Preparation: HR drafts and attaches role-specific exhibits and policy references.
  • Manager Approval: Hiring manager reviews duties and budget approvals before sending to candidate.
  • Candidate Signature: Candidate receives secure signing link and authenticates per workflow.
  • Finalization: Executed copy is distributed to payroll and placed in the employee record.

Technical Considerations for Electronic Signing

Choose a platform that supports secure audit trails, the required authentication level, and formats you need for downstream systems.

  • Document Formats: PDF, DOCX supported for template import and signed export
  • Integrations: Connect with HRIS, payroll, and document storage systems
  • Security: TLS encryption in transit and AES-256 at rest

Confirm the platform supports record retention, audit trails, and any required compliance (HIPAA BAA if health data is present) before use.

Key Timing and Deadlines to Track

Certain steps tied to hiring and payroll have legally significant timing; track these to avoid penalties and to ensure benefits and tax compliance.

Form I-9 Completion:

Complete verification within three business days of hire per 8 CFR §274a.2 requirements

W-4 Collection:

Obtain employee’s W-4 at hire to set withholding; payroll cannot delay withholding obligations

Benefits Enrollment:

Open enrollment or new-hire enrollment deadlines vary by plan — confirm carrier deadlines

Probation Review:

Conduct probationary performance review by stated probation end date

Document Retention Start:

Retention periods begin on effective date or termination date depending on the record type

Milestone Timeline for Onboarding and Agreement Execution

These numbered milestones show a typical sequence from offer to final file retention for the position agreement.

01

Offer and Acceptance

Offer letter issued and candidate accepts; triggers agreement preparation

02

Agreement Execution

Agreement signed by both parties and dated

03

I-9/W-4 Completion

Employee completes onboarding tax and employment eligibility forms

04

File Preservation

Executed agreement and forms saved to HR system and payroll files

Common Preparation Errors to Avoid

  • Using vague compensation language that leaves pay formula undefined and disputes likely
  • Failing to align job title and duties with payroll classification for FLSA
  • Missing signature dates or using initials where full signature is required
  • Storing signed copies insecurely without access controls or audit logs

Consequences of an Incorrect or Incomplete Agreement

Payroll Misclassification: Wage and hour liability including back pay
I-9 Violations: Civil fines ranging per-violation; see 8 CFR §274a.2
Tax Filing Errors: Incorrect withholding or reporting can trigger penalties
Breach Claims: Ambiguous duties increase litigation risk
IP Disputes: No clear assignment risks ownership claims
Data Exposure: Noncompliance with privacy rules increases regulatory risk

Real-World Uses of Position Agreements

These condensed case examples show practical ways organizations use the Employment Position Agreement.

Optica Ventures Example

Optica standardized role templates to cut onboarding confusion

  • Simplified templates removed inconsistent job descriptions
  • The company reduced offer negotiation time and ensured payroll mapping aligned with legal classifications, improving new-hire setup speed across teams.

Martin Properties Example

A real estate firm moved agreements online to avoid in-person signings

  • They used role exhibits for leasing managers
  • This allowed consistent disclosure of commission splits, background-check contingencies, and faster compliance with state employment record rules.

eSignature Pricing and Feature Comparison (signNow first)

Compare starting price, trial availability, bulk-send capability, audit trail presence, HIPAA compliance, and envelope limits across common providers for employment agreement workflows.

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 trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Practical Tips for Accurate and Efficient Agreements

Apply these best practices to reduce errors and speed execution without sacrificing compliance.

Standardize Templates
Use role-based templates with required fields locked to reduce drafting variance and legal review time.
Use Controlled Workflows
Set signer order, required fields, and authentication levels to ensure each step completes in sequence.
Keep Audit Trails
Retain signed PDFs with time stamps, IP addresses, and signer authentication records for enforceability.
Review State Rules
Check state-specific noncompete, wage, and notice laws before applying standardized restrictive clauses.

Frequently Asked Questions

Answers to common questions about creating, signing, and enforcing Employment Position Agreements in the United States.


Need help? Contact support

be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.