Can an employment agreement be signed electronically?

Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states provided intent, consent, attribution, and retention requirements are met.

When is a notary or witness required?

Notaries or witnesses are usually unnecessary for typical employment contracts, but specific affidavits, state statutes, or certain post-employment instruments may require notarization or witnesses.

What happens if names or TINs are incorrect?

Incorrect taxpayer identification or mismatched names can trigger backup withholding, delay tax reporting, and create liability; correct records before issuing 1099s.

How long should I retain the signed agreement?

Keep agreements for the active term plus applicable retention periods: at least 3 years for tax records, 6 years for HIPAA-related materials where relevant.

Are click-to-sign or typed names valid?

Yes, if the signing method demonstrates intent, consent, and attribution and the record can be retained and reproduced per ESIGN and UETA.

Who should sign on behalf of an employer?

An authorized officer, HR manager, or other person with delegated authority should sign; document the authority to bind the employer to avoid enforceability challenges.

Electronic Signature
Templates
HR
Employment Writing Agreement

Employment Writing Agreement

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

EMPLOYMENT WRITING AGREEMENT

Parties and Effective Date

This Employment Writing Agreement (the Agreement) is entered into by and between:

Employer Name Employer Address Employee Name Employee Address

Effective Date:

Position and Duties

Job Title Department

Reporting Manager: Start Date:

Primary Responsibilities (summary)

Compensation and Benefits

Salary: $ Pay Period:

Bonus, Royalties, and Other Compensation Terms

Employment Classification: Full-Time Part-Time Exempt Non-Exempt

Work Product, Ownership and Rights

All written materials, drafts, manuscripts, outlines, digital files, and related work produced by Employee within the scope of employment shall be considered work made for hire. To the extent any such work is not deemed work made for hire, Employee hereby irrevocably assigns and transfers to Employer all right, title and interest in and to such work, including all copyrights and moral rights.

Exceptions to Assignment (if any)

Confidentiality and Non-Disclosure

Employee will not disclose or use any Employer Confidential Information except as required to perform duties under this Agreement. Confidential Information includes unpublished manuscripts, editorial plans, client lists, strategic communications, and advertising campaigns. This obligation survives termination of employment for a period of three (3) years.

Delivery, Standards and Revisions

Deliverables and Deadlines Revision Allowance (number of rounds)

Termination; At-Will Employment

Employment is at-will, meaning either Employer or Employee may terminate the employment relationship at any time, with or without cause and with or without notice, unless otherwise provided in a separate written agreement signed by both parties. Employer reserves the right to terminate immediately for cause as defined in Employer policies.

Notice Period Preferred

Non-Solicitation

For a period of twelve (12) months following termination, Employee shall not knowingly solicit Employer's clients or employees for purposes of providing substantially similar writing or publishing services within the geographic area where Employer actively conducts business at the time of termination.

Representations and Warranties

Employee represents and warrants that all work will be original, will not infringe third-party rights, and will not contain plagiarized material. Employee agrees to indemnify Employer against third-party claims arising from breach of these representations.

Background Check and References

Applicant authorizes Employer to contact prior employers and listed references and to perform background checks, including verification of employment, criminal history where permitted by law, and education verification. Applicant acknowledges that any offer may be conditioned on satisfactory results.

Authorization to Conduct Background Check: I authorize

Employment History

Prior Employer 1 — Company Name

Title: Dates Employed:

Responsibilities Reason for Leaving Prior Employer 2 — Company Name

Title: Dates Employed:

Responsibilities Reason for Leaving

Education

Highest Degree Institution Graduation Date

References

Reference 1 — Name

Phone: Email: Relationship:

Reference 2 — Name

Phone: Email: Relationship:

Reference 3 — Name

Phone: Email: Relationship:

Legal Disclosures and Policies

At-Will Employment: Nothing in this Agreement shall be construed to create a contract of employment for any specified period. Employment remains at-will and may be terminated at any time by either party unless a separate written agreement explicitly provides otherwise.

Equal Opportunity: Employer is an equal opportunity employer and does not discriminate on the basis of protected characteristics. Employment determinations are based on job-related factors.

Applicant Certification and Authorization

I certify that the information provided in this Agreement and any attachments is true, accurate and complete to the best of my knowledge. I understand that falsification or omission of material information may be grounds for refusal of employment or immediate termination.

Certification: I certify the truthfulness of the information provided.

General Provisions

Governing Law: This Agreement will be governed by and construed in accordance with the laws of the state or jurisdiction in which Employer maintains its primary place of business, without regard to conflict-of-law principles.

Severability: If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, understandings and representations.

Employer:

By:

Date:

Employee:

By:

Date:

What the Employment Writing Agreement Is and When It Applies

An Employment Writing Agreement is a formal written contract that documents terms between an employer and an employee or independent contractor, covering duties, compensation, confidentiality, deliverables, and termination terms. It establishes mutual expectations in a single record and can include schedules, exhibits, or statements of work. In the United States, signed written agreements are commonly used to clarify employment status, assign intellectual property rights, set noncompete or nondisclosure terms where permitted, and provide a basis for payroll, benefits, and tax reporting obligations.

Why a Clear Writing Agreement Matters for Employment

A clear Employment Writing Agreement reduces misunderstandings about scope, pay, and legal obligations and creates evidence for compliance and dispute resolution under federal and state laws.

Who Typically Completes an Employment Writing Agreement

Employers, HR professionals, hiring managers, independent contractors, and outside counsel commonly prepare or review these agreements before work begins.

Human resources teams and hiring managers preparing offer letters and employment contracts for new hires.
Independent contractors and consultants documenting scope, deliverables, fees, and IP assignment terms.
In-house or external legal counsel reviewing enforceability, noncompete language, and state-specific provisions.

Parties should ensure the persons who sign have authority and that the document reflects applicable federal and state requirements.

Step-by-Step: Filling Out an Employment Writing Agreement

Follow a consistent sequence to reduce errors: identify parties, state effective dates, describe services, set compensation, add confidentiality and IP clauses, and confirm signatures.

01

Identify parties: Enter full legal names and entity types.
02

Effective date: Use MM/DD/YYYY format.
03

Scope of work: Describe duties, deliverables, and milestones.
04

Signatures: Include printed name, title, date.

Core Components to Include in a Professional Agreement

These elements form the backbone of an enforceable Employment Writing Agreement and clarify mutual obligations.

Parties

Identify each party by full legal name and entity type, and include a contact address to establish clear contractual identity and service locations.

Term

State whether the engagement is at-will, for a fixed term, or project-based, including start and end dates and renewal conditions where applicable.

Compensation

Detail salary, hourly rate, payment schedule, benefits, reimbursements, and any equity or bonus formulas to prevent disputes and ensure tax compliance.

Scope of Work

Provide a concise description of duties, deliverables, performance standards, and acceptance criteria; reference attachments for detailed SOWs or milestones.

Confidentiality

Include nondisclosure provisions that define confidential information, permitted disclosures, duration, and remedies for breach to protect trade secrets.

Termination

Specify notice periods, cause definitions, severance terms if any, and post-termination obligations such as return of property and non-solicit periods.

Real-World Examples of Employment Writing Agreements in Use

These brief examples illustrate common contexts where written agreements clarify responsibilities and preserve compliance.

Martin Properties — Local brokerage

Small property management firm formalized contractor roles for leasing agents to define commission splits and reporting

streamlined commission processing across multiple properties
The written agreement reduced payment disputes and provided clear documentation for tax reporting and contractor classification.

Fertility Centers of Illinois — Healthcare provider

Clinical staff and vendor agreements included HIPAA addenda and data access limits

clarified permitted PHI handling and retention
The combined agreement and addendum ensured operational clarity and supported regulatory compliance audits.

How to Customize and Complete an Agreement Online

Configure a repeatable digital workflow that places fillable fields, routing rules, and signer authentication in a single template.

Field	Configuration
Signature field	Require signature and date; allow guest signing if needed.
Conditional clauses	Show or hide sections based on employment type selection.
Authentication	Use email link or SMS code for signer verification.
Routing order	Set sequential or parallel signing based on approver roles.

Where to Send and How to Route the Completed Agreement

Decide recipients and storage locations up front: HR, payroll, legal, and the signed party should each receive copies.

Upload: Store a master copy in a secure document repository.
Route to HR: HR retains the original for personnel files.
Send to Payroll: Provide compensation details for onboarding and tax setup.
Deliver to Signer: Provide the final signed document to the employee or contractor.

Digital Signing and eSubmission Considerations

Choose a platform that supports secure signatures, tamper-evident PDFs, and access controls for personnel and auditors.

Integrations: Salesforce, NetSuite, Microsoft 365
File formats: PDF, DOCX, HTML
Authentication: Email, SMS, advanced options

Security and Compliance Features to Verify

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest

Audit trail: Detailed timestamps, IP, and action history

HIPAA: HIPAA support with BAA required

ESIGN / UETA: Compliant with ESIGN and UETA frameworks

SOC 2: SOC 2 Type II certification available

21 CFR Part 11: Support for FDA-regulated recordkeeping

Common Preparation Errors to Avoid

Using informal or inconsistent party names that differ from payroll or tax records, causing processing delays and classification issues.
Leaving payment terms vague or unspecified, which can lead to disputes over rate, timing, or reimbursable expenses.
Omitting precise effective dates or signatures, reducing enforceability and creating gaps in benefits or coverage.
Failing to attach referenced exhibits or schedules, which creates ambiguity about deliverables and acceptance criteria.

Penalties and Risks of Incorrect or Missing Information

Incorrect TIN: Backup withholding 24%

Late 1099: IRC §6721: $60–$330 per form

I-9 violations: 8 CFR §274a.2: $281–$2,789 per violation

HIPAA breach: Civil penalties and corrective plans

Misclassification: Payroll taxes and penalties

Unsigned agreement: Reduced enforceability in disputes

eSignature Vendor Comparison for Employment Agreements

Comparison of common plan features and pricing models; signNow appears first in the table per vendor ordering requirements.

	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 plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (tiered)	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Audit Trail	Yes	Yes	Yes	Yes	Yes
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently Asked Questions About Employment Writing Agreements

Answers to common questions about execution, enforceability, signatures, and recordkeeping for U.S. employment agreements.

Need help? Contact support

Can an employment agreement be signed electronically?
Yes. Electronic signatures are legally enforceable under the ESIGN Act (15 U.S.C. ch. 96) and UETA in most states provided intent, consent, attribution, and retention requirements are met.
When is a notary or witness required?
Notaries or witnesses are usually unnecessary for typical employment contracts, but specific affidavits, state statutes, or certain post-employment instruments may require notarization or witnesses.
What happens if names or TINs are incorrect?
Incorrect taxpayer identification or mismatched names can trigger backup withholding, delay tax reporting, and create liability; correct records before issuing 1099s.
How long should I retain the signed agreement?
Keep agreements for the active term plus applicable retention periods: at least 3 years for tax records, 6 years for HIPAA-related materials where relevant.
Are click-to-sign or typed names valid?
Yes, if the signing method demonstrates intent, consent, and attribution and the record can be retained and reproduced per ESIGN and UETA.
Who should sign on behalf of an employer?
An authorized officer, HR manager, or other person with delegated authority should sign; document the authority to bind the employer to avoid enforceability challenges.

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