Fill and Sign the Texas Child Care Center Personnel Form

Employment Agreement with Director of Child Care Center including Non-Competition Provision 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 corporation 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 . A. Whereas, Employer operates at day care center located at ___________________ ________________________________________________________________________ (street address, city, county, state, zip code) , referred to hereinafter as Center ; and B. Whereas, Employee is qualified to direct and manage Center; and C. Whereas, Employer has extended an offer of employment to Employee , and Employee accepts such offer, on the terms and conditions set forth below; 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: 1. Employment Employer employs Employee, and Employee accepts employment with Employer, on the terms and conditions set forth in this Agreement. 2. Term of Employment This Agreement is effective on __________________________________ (date) , and shall remain in effect until the end of Employer's fiscal year, subject to the termination provisions of this Agreement. The parties agree to meet to discuss a new employment contract no less than ______ (number) days before the end of Employer's fiscal year. Unless otherwise extended, modified, or terminated, employment of Employee under this Agreement shall be on a month-to-month basis after the original term ends. This month-to-month contract is terminable by either party by giving written notice to the other party ______ (number) days prior to the contemplated termination date. 3. Duties Employee is hereby engaged to be the Director of the Center which involves (description of services to be performed) _____________________________________ ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ . Employer has the power to determine Employee's specific duties, and the manner in which Employee carries out her duties. Employer has discretion in setting the days of the week and hours in which Employee is to perform Employee's duties. However, Employer shall not compel Employee to work more than a normal work week composed of _______ (number) hours. Employee agrees to devote the time and attention necessary to perform Employee's duties in a satisfactory manner. 4. Compensation During the term of this Agreement, Employer shall pay Employee an annual salary of $ _______________ (dollar amount) for services performed on Employer's behalf. Employee's salary shall be paid to Employee in (e.g., weekly or monthly) ________________ installments of $ ______________ (dollar amount) . 5. Fringe Benefits In addition to the compensation employee receives pursuant to Section 4 of this Agreement, Employee is eligible for participation in the fringe benefit programs established by Employer on fulfillment of the eligibility requirements for each program . Employer has established the following fringe benefit programs: (describe fringe benefits programs) ______________________________________________________________ ________________________________________________________________________ _______________________________________________________________________ . Employer may, without notice, modify or discontinue any fringe benefit program which it maintains. 6. Expenses Employer agrees to reimburse Employee for all expenses reasonably incurred in performing duties pursuant to this Agreement. Such expenses include travel undertaken on behalf of Employer , entertainment conducted for purposes of promotion of Employer's business, and fees for educational programs relevant to Employee's current or future positions with Employer . 7. Vacation Employee is entitled to a paid vacation of ______ (number) weeks per year. 8. Work Facilities Employer shall furnish Employee with an office at its principal place of business, and shall provide Employee with all equipment, technical, and clerical support necessary to the performance of Employee's duties pursuant to this Agreement. 9. Noncompetition On termination of this Agreement, Employee agrees that Employee will not engage in ________________________ (type of business) within a radius of _________ (number) miles from ______________________________________________________ ________________________________________________________________________ (street address, city, county, state, zip code) , for a period of ______ (number) years. Employee agrees that this noncompetition section is necessary to protect Employer's business, and that Employee's violation of this section would result in irreparable harm to Employer . If Employee breaches this section, Employer shall be entitled to injunctive relief in addition to any other remedies legally available. This section shall survive termination of this Agreement. 10. Termination of Employment This Agreement and the employment relationship between Employer and Employee shall terminate on the occurrence of any of the following events: A. Employer's discharge of Employee for reasonable cause. B. Employee's failure or refusal to adequately perform the duties of employment with Employer. C. Employee's failure or refusal to adhere to the terms of this Agreement, or to reasonable policies and regulations established by Employer . D. Employee acting in a manner which is detrimental to Employer's reputation in the day care community. E. The death of Employee during the term of this Agreement. Employer shall pay to Employee's estate any unpaid compensation earned by Employee prior to Employee's death. 11. 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. 12. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _____________________________. 13. 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. 14. 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. 15. 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. 16. 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. 17. 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, corporation, or other entity without the prior, express, and written consent of the other party. 18. 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. WITNESS our signatures as of the day and date first above stated. ____________________________________ (Name of Employer) ___________________________________ By: ________________________________ (P rinted name) ____________________________________ (P rinted Name & Office in Corporation) ___________________________________ ____________________________________ (Signature of Employee) (Signature of Officer)