Fill and Sign the Telecommuting Agreement Form

Telecommuting Agreement Telecommuting Agreement made on the       day of       , 20       , between       Employee, and       , (Name of Employee) (Name of Employer) a corporation organized and existing under the laws of the state of       , (Name of State) with its principal office located at       , referred to herein (Street Address, City, County, State, Zip Code) as Employer. For and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the parties agree as follows: 1. Employee agrees to participate in the telecommuting program and to adhere to the applicable guidelines and policies. Employer concurs with the Employee's participation and agrees to adhere to the applicable guidelines and policies. 2. Duration . This Agreement will be valid for a period of       beginning on (Specify Term)       and ending on       . At the end of that time, both parties will (Date) (Date) participate in a review which can result in the reactivation of the Agreement. 3. Work hours . Employee's work hours and work location are specified in the Attachment at the end of this Agreement. 4. Pay and Attendance . All pay, leave and travel entitlement will be based on the Employee's primary business location. Employee's time and attendance will be recorded as performing official duties at the primary business location. 5. Leave . Employees must obtain approval before taking leave in accordance with established office procedures. By signing this form, Employee agrees to follow established procedures for requesting and obtaining approval of leave. 6. Overtime . The Employee will continue to work in pay status while working at the home office. An Employee who works overtime that has been ordered and approved in advance will be compensated in accordance with applicable law and rules. The Employee understands that Employer will not accept the results of unapproved overtime work and will act vigorously to discourage it. By signing this Agreement, the Employee agrees that failing to obtain proper approval for overtime work may result in removal from the telecommuting program or other appropriate action. 7. Business Owned Equipment . In order to effectively perform their assigned tasks, Employees may use Employer equipment at the telecommuting location with the approval of Telecommuting Agreement Page 1 of 4 Employer. The equipment must be protected against damage and unauthorized use. Employer owned equipment will be serviced and maintained by Employer. Any equipment provided by the Employee will be at no cost to Employer, and will be maintained by the Employee. 8. Inspection . The telecommuting location will be inspected periodically to ensure that proper maintenance of Employer equipment is performed, and that safety standards are met. Notice must be given to the Employee at least 24 hours in advance of the inspection, which must occur during normal working hours. 9. Liability . Employer will not be liable for damages to the Employees' property that result from participation in the telecommuting program. 10. Reimbursement . Employer will not be responsible for operating costs, home maintenance, or any other incidental cost (e.g., utilities) whatsoever, associated with the use of the Employee's residence. The Employee does not relinquish any entitlement to reimbursement for authorized expenses incurred while conducting business for Employer. 11. Workers' Compensation . The Employee is covered under the Workers' Compensation Law if injured in the course of performing official duties at the telecommuting location. 12. Work assignments . The Employee will meet with       (Name of Contact Person) to receive assignments and to review completed work as necessary or appropriate. The Employee will complete all assigned work according to work procedures mutually agreed upon by the Employee and       according to guidelines and standards stated (Name of Contact Person) in the Employee's performance plan. 13. Employee Evaluation . The evaluation of the Employee's job performance will be based on norms or other criteria derived from past performance and occupational standards consistent with these guidelines. For those assignments without precedent or without standards, regular and required progress reporting by the Employee will be used to rate job performance and establish standards. The Employee's most recent performance appraisal must indicate fully achieved standards. 14. Records . The Employee will apply approved safeguards to protect Employer records from unauthorized disclosure or damage. Work done at the telecommuting location is considered Employer business. All records, papers, computer files, and correspondence must be safeguarded for their return to the primary business location. 15. Performance Location . The Employee agrees to limit performance of assigned duties to the primary business location or to the approved home location. Failure to comply with this provision may result in termination of the Telecommuting Agreement and/or other appropriate disciplinary action. Telecommuting Agreement Page 2 of 4 16. 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. 17. 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. 18. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) 19. Notices. Unless 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. 20. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the contrary, 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. 21. 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. 22. 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. 23. 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. 24. 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. Telecommuting Agreement Page 3 of 4 WITNESS our signatures as of the day and date first above stated.       (Name of Employer) By: By: (Signature of Employee) (Signature of Officer)             (P rinted Name of Employee) (P rinted Name & Office in Corporation) Attachment The following hours and locations are agreed to in support of the Telecommuting Agreement. Primary Business Location: at       . (Street Address, City, County, State, Zip Code) Telecommuting Location: at       . (Street Address, City, County, State, Zip Code) General Work Hours: Monday: From       to       (Time) (Time) Tuesday: From       to       (Time) (Time) Wednesday: From       to       (Time) (Time) Thursday: From       to       (Time) (Time) Friday: From       to       (Time) (Time) Saturday: From       to       (Time) (Time) Sunday: From       to       (Time) (Time) WITNESS our signatures as of the day and date first above stated.       (Name of Employer) By: By: (Signature of Employee) (Signature of Officer)             (P rinted Name of Employee) (P rinted Name & Office in Corporation) Telecommuting Agreement Page 4 of 4