Can this agreement be signed electronically?

Yes. Electronic signatures generally satisfy the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided signer intent, consent, attribution, and record retention are documented.

Who must sign the agreement?

Authorized representatives of the staffing agency and the hiring employer should sign. Use full legal names and titles to ensure the correct legal entity is bound and to support enforcement.

Are non-compete clauses enforceable everywhere?

Enforceability varies by state. For example, California significantly limits non-competes (Cal. Bus. & Prof. Code §16600). Tailor restrictive covenants to state law and seek counsel to avoid unenforceability risk.

What happens if the candidate leaves early?

Follow the agreement’s guarantee and replacement provisions. If a refund or replacement is due, document the termination reason and dates to support any fee adjustments or credit claims.

Do I need to notarize the agreement?

Notarization is not typically required for placement agreements but may be used for acknowledgement or assignment; remote notarization rules vary by state and affect execution options.

How long should I retain signed agreements?

Retain for the active term plus at least three years; retain longer when tax, payroll, or HIPAA concerns apply (see IRC §6501(a), 45 CFR §164.530(j)).

Electronic Signature
Templates
HR
Placement Employment Agreement

Placement Employment Agreement

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

PLACEMENT EMPLOYMENT AGREEMENT

This Placement Employment Agreement ("Agreement") is made effective as of by and between Employer Name: and Employee Name: .

1. Position and Placement

Employer agrees to employ, and Employee accepts employment in the position of , within the department, reporting to .

2. Personal Information

Full Legal Name Address

Phone

Email

3. Term of Employment

Employment shall commence on and shall continue until terminated in accordance with Section 9 below. The first shall be considered a probationary period during which performance and fit will be evaluated.

4. Compensation and Benefits

Base Salary Pay Frequency Additional Compensation / Bonuses

All compensation is subject to withholding and deductions required by applicable law. Eligibility for benefits is governed by the Employer's benefit plans and policies.

5. Duties, Location and Hours

Employee shall perform the duties customarily associated with the position and such other duties as reasonably assigned. Primary work location:

6. Employment History

Previous Employer 1 — Company Previous Employer 2 — Company

7. Education

8. References

Reference 1 Reference 2 Reference 3

9. Background Checks; Authorizations

Employee authorizes Employer to obtain and verify employment history, education, references and to conduct criminal background checks and credit checks where permitted by law. Employee attests that all information provided is true and complete. Employee authorizes former employers and references to release employment information to Employer.

I authorize these background checks and release prior employers and references from liability for providing such information.

10. Confidentiality; Inventions; Non-Solicitation

Employee will not disclose confidential or proprietary information during or after employment. All inventions, improvements, and works made in the scope of employment are the exclusive property of Employer. For a period of following termination, Employee will not solicit Employer's clients or employees within the geographic area where Employer conducts business, to the extent enforceable by law.

11. At-Will Employment and Equal Opportunity

Employment with Employer is at-will. Either party may terminate the employment relationship at any time, with or without cause or advance notice, unless a separate written agreement signed by both parties provides otherwise.

Employer is an equal opportunity employer and makes employment decisions without regard to protected characteristics under applicable law.

I acknowledge and understand the at-will nature of this employment relationship.

12. Termination and Severance

Employer may terminate Employee for cause for material breach, dishonesty, willful misconduct, or gross negligence. Except as required by law, Employee shall not be entitled to severance unless expressly provided in writing.

13. Policies; Handbook Acknowledgment

Employee agrees to comply with Employer's policies and acknowledges receipt of the employee handbook if provided. Employer reserves the right to modify policies and benefits at its discretion.

I acknowledge receipt of Employer policies and the employee handbook, where applicable.

14. Representations and Warranties

Employee represents that the information provided to Employer is true and complete. Any material misrepresentation or omission may result in termination.

15. Miscellaneous

If any provision of this Agreement is held unenforceable, the remaining provisions will remain in effect. This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes prior agreements, whether written or oral.

Governing Law State

16. Applicant Certification and Authorizations

I certify that all information provided in connection with my application and this Agreement is true and complete to the best of my knowledge. I understand that falsification or omission may result in rejection of my application or termination of employment.

I certify that the information provided is true and complete.

17. Additional Terms

Employer

Print Name:

By:

Date:

Employee

Print Name:

By:

Date:

What a Placement Employment Agreement Covers

A Placement Employment Agreement is a contract used by staffing agencies, recruiters, and hiring employers to document the terms under which a candidate is placed into employment. It typically defines the placement fee or commission, payment terms, candidate guarantee or replacement period, confidentiality and non-solicitation obligations, the scope of services, worker classification, and termination rights. The agreement also allocates responsibilities for background checks, licenses, payroll taxes, and insurance. When signed by the agency and the employer, it creates enforceable obligations that govern the placement relationship and fee recovery if the candidate leaves or is terminated early.

Why a Clear Placement Contract Matters

A written Placement Employment Agreement reduces disputes by stating fees, payment timing, replacement windows, and who bears employment liabilities. It clarifies whether a worker is an employee or contractor and preserves evidentiary records for audits or legal review, including eSignature audit trails where legally permitted.

Who Typically Completes a Placement Employment Agreement

Individuals and teams who prepare or approve placement contracts typically include agency operations, in-house HR, and hiring managers.

Recruitment agencies and staffing firms that bill placement fees and manage candidate introductions.
Corporate HR teams or hiring managers who authorize placements and approve fee schedules.
External counsel or contract administrators who review enforceability, tax treatment, and risk allocation.

Use a template to ensure consistent clauses across placements and keep a signed copy for payroll, tax, and dispute resolution purposes.

Step-by-Step: Complete and Execute the Agreement

Follow these steps to prepare, sign, and retain a Placement Employment Agreement efficiently.

01

Prepare Document: Populate all required fields, attach job description, and verify legal names.
02

Review Terms: Confirm fee, payment terms, and guarantee language with legal or HR stakeholders.
03

Obtain Signatures: Send to parties for signature via an eSignature service or in-person signing.
04

Archive Record: Save executed PDF and audit trail for retention and future disputes.

Essential Clauses to Include

A professional Placement Employment Agreement should include clauses that define fees, timelines, responsibilities, and remedies so all parties understand obligations and risk allocation.

Scope of Services

Describe the placement services provided, candidate introduction mechanics, and whether the agency handles onboarding, payroll, or just referral — clarity reduces later disputes about responsibilities.

Fee and Payment Terms

State the exact placement fee or percentage, invoicing schedule, payment due date, acceptable payment methods, and late payment interest to ensure predictable cash flow.

Guarantee / Replacement

Specify the replacement period, conditions that void the guarantee, and the process for requesting a replacement or refund to manage expectations and liabilities.

Worker Classification

Allocate responsibility for determining employment status and for payroll taxes, benefits, and workers' compensation to limit misclassification risk and regulatory exposure.

Confidentiality & IP

Include confidentiality obligations, non-solicitation or non-compete terms as permitted by state law, and IP assignment language where relevant to protect proprietary information.

Termination & Remedies

Provide termination mechanics, notice periods, refund or fee recovery rights, and dispute resolution procedures such as arbitration or venue selection clauses.

Technical and Integration Considerations

Consider which eSignature features and integrations you need before sending agreements for signature.

Integrations: Salesforce, NetSuite, Google Workspace and other integrations streamline routing and record-keeping.
Document Formats: Use PDF or DOCX for templates; platforms accept both and preserve signature fields.
Authentication: Choose email, SMS code, or advanced signer authentication for higher-assurance signatures.

Ensure the chosen platform supports your compliance needs (ESIGN/UETA) and retention workflows; confirm HIPAA, SOC 2, and encryption capabilities for sensitive placements and protected health information.

Typical Digital Workflow Settings

Configure these workflow settings when preparing a template for consistent digital signing.

Field	Configuration
Signature Order	Sequential or parallel signing
Authentication	Email link, SMS code, or KBA
Conditional Fields	Show/hide sections by role
Notifications	Email reminders and completion alerts

How Electronic Execution Typically Works

Electronic signing follows predictable steps that create an audit trail and a final signed record suitable for most U.S. transactions under ESIGN and UETA.

Upload: Load the agreement and apply signature fields.
Invite: Send signer emails or generate a secure link.
Authenticate: Signer confirms identity using chosen method.
Complete: System records timestamp, IP, and audit trail.

Common Timing Elements and Deadlines

Track these dates in the agreement and in your calendar to avoid missed actions or fee disputes.

Candidate Start Date:

Defines when placement obligations and payment triggers begin.

Invoice Due Date:

State number of days net (e.g., Net 30) and late fee terms.

Guarantee Expiration:

Date when replacement or refund obligations end.

Background Check Window:

Timeline for completing checks and reporting adverse findings.

Notice to Terminate:

Advance notice required to end an engagement, if applicable.

Common Preparation Mistakes to Avoid

Leaving payment terms vague or unsigned can block fee collection and escalate disputes.
Failing to confirm legal entity names leads to unenforceable assignments and collection problems.
Overbroad post-employment restrictions may be unenforceable in some states, creating litigation risk.
Not retaining the audit trail for e-signed agreements undermines proof of consent and signature attribution.

Key Legal and Financial Risks

Unenforceable Covenant: Overbroad non-competes can be voided by courts.

Misclassification: Worker misclassification risks tax and penalty exposure.

I-9 Noncompliance: I-9 paperwork errors trigger fines (8 CFR §274a.2).

Late Payment: Delays can incur interest and collection expenses.

Data Breach: Improper handling of PHI or PII may violate HIPAA.

Contract Gaps: Missing arbitration or venue clauses increase litigation costs.

eSignature Vendor Comparison (pricing and essentials)

Cost and capability differ across eSignature providers; the table below summarizes starting price, trial availability, bulk send, audit trail, and HIPAA support.

	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	Yes, 7-day trial	No	No	Yes, limited	Yes, limited
Bulk Send	Yes	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No

Real-World Examples of Placement Agreements

These brief examples show how organizations use placement agreements to control risk and collect fees.

Optica Ventures — COO

Optica Ventures standardized placement terms across clients to reduce disputes and accelerate billing.

The firm required a clear 90-day guarantee window.
As a result, collections improved thanks to consistent invoices tied to executed agreements and a central, retained audit trail for each placement.

Martin Properties — Founder

Martin Properties used a placement contract to define referral versus payroll responsibility for property managers.

The document clarified liability and onboarding steps.
That clarity reduced back-and-forth, improved candidate acceptance rates, and preserved the firm’s ability to enforce fee terms when hires converted.

Frequently Asked Questions

Answers to common questions about executing and enforcing Placement Employment Agreements, including eSignature and retention issues.

Need help? Contact support

Can this agreement be signed electronically?
Yes. Electronic signatures generally satisfy the ESIGN Act (15 U.S.C. ch. 96) and UETA where adopted, provided signer intent, consent, attribution, and record retention are documented.
Who must sign the agreement?
Authorized representatives of the staffing agency and the hiring employer should sign. Use full legal names and titles to ensure the correct legal entity is bound and to support enforcement.
Are non-compete clauses enforceable everywhere?
Enforceability varies by state. For example, California significantly limits non-competes (Cal. Bus. & Prof. Code §16600). Tailor restrictive covenants to state law and seek counsel to avoid unenforceability risk.
What happens if the candidate leaves early?
Follow the agreement’s guarantee and replacement provisions. If a refund or replacement is due, document the termination reason and dates to support any fee adjustments or credit claims.
Do I need to notarize the agreement?
Notarization is not typically required for placement agreements but may be used for acknowledgement or assignment; remote notarization rules vary by state and affect execution options.
How long should I retain signed agreements?
Retain for the active term plus at least three years; retain longer when tax, payroll, or HIPAA concerns apply (see IRC §6501(a), 45 CFR §164.530(j)).

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