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Free Corporate Legal Forms page - Employee Agreement
This Agreement made and entered into this ____________(1)________ day of
_________(2)_________, _________(3)___________, by and between _____________(4)
_______, of ________(5)__________, hereinafter referred to as "employer", and ______(6)
___________, of _________(7)____________, hereinafter referred to as "employee".
The parties recite that:
A. Employer is engaged in _________(8)___________ and maintains business
premises at _________(9)_____________.
B. Employee is willing to be employed by employer, and employer is willing to employ
employee, on the terms and conditions hereinafter set forth.
For the reasons set forth above, and in consideration of the mutual covenants and
promises of the parties hereto, employer and employee covenant and agree as follows:
1.AGREEMENT TO EMPLOY AND BE EMPLOYED
Employer hereby employs employee as _______(10)________ at the above-mentioned
premises, and employee hereby accepts and agrees to such employment.
2. DESCRIPTION OF EMPLOYEE'S DUTIES
Subject to the supervision and pursuant to the orders, advice, and direction of employer,
employee shall perform such duties as are customarily performed by one holding such position in
other businesses or enterprises of the same or similar nature as that engaged in by employer.
Employee shall additionally render such other and unrelated services and duties as may be
assigned to him from time to time by employer.
3. MANNER OF PERFORMANCE OF EMPLOYEE'S DUTIES
Employee shall at all times faithfully, industriously, and to the best of his ability,
experience, and talent, perform all duties that may be required of and from him pursuant to the
express and implicit terms hereof, to the reasonable satisfaction of employer. Such duties shall
be rendered at the above mentioned premises and at such other place or places as employer
shall in good faith require or as the interests, needs, business, and opportunities of employer
shall require or make advisable.
4. DURATION OF EMPLOYMENT
The term of employment shall be ______________(11)____________ years,
commencing on ______________(12)________________, ________(13)____________, and
terminating _______(14)________, _________(15)___________, subject, however, to prior
termination as provided in Sections 8 and 9 hereof.
5. COMPENSATION; REIMBURSEMENT
Employer shall pay employee and employee agrees to accept from employer, in full
payment for employee's services hereunder, compensation at the rate of ____(16)______ Dollars
($________________) per annum, payable ____________(17)___________. In addition to the
foregoing, employer will reimburse employee for any and all necessary, customary, and usual
expenses incurred by him while traveling for and on behalf of the employer pursuant to
6. EMPLOYEE'S LOYALTY TO EMPLOYER'S INTERESTS
Employee shall devote all of his time, attention, knowledge, and skill solely and
exclusively to the business and interests of employer, and employer shall be entitled to all
benefits, emoluments, profits, or other issues arising from or incident to any and all work,
services, and advice of employee. Employee expressly agrees that during the term hereof he will
not be interested, directly or indirectly, in any form, fashion, or manner, as partner, officer,
director, stockholder, advisor, employee, or in any other form or capacity, in any other business
similar to employer's business or any allied trade, except that nothing herein contained shall be
deemed to prevent or limit the right of employee to invest any of his surplus funds in the capital
stock or other securities of any corporation whose stock or securities are publicly owned or are
regularly traded on any public exchange, nor shall anything herein contained by deemed to
prevent employee from investing or limit employee's right to invest his surplus funds in real
7. NONDISCLOSURE OF INFORMATION CONCERNING BUSINESS
Employee will not at any time, in any fashion, form, or manner, either directly or indirectly
divulge, disclose, or communicate to any person, firm, or corporation in any manner whatsoever
any information of any kind, nature, or description concerning any matters affecting or relating to
the business of employer, including, without limitation, the names of any its customers, the prices
it obtains or has obtained, or at which it sells or has sold its products, or any other information
concerning the business of employer, its manner of operation, or its plans, processes, or other
date of any kind, nature, or description without regard to whether any or all of the foregoing
matters would be deemed confidential, material, or important.
The parties hereby stipulate that, as between them, the foregoing matters are important,
material, and confidential, and gravely affect the effective and successful conduct of the business
of employer, and its good will, and that any breach of the terms of this section is a material
breach of this agreement.
8. OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE
Notwithstanding anything in this agreement to the contrary, employer is hereby given the
option to terminate this agreement in the event that during the term hereof employee shall
become permanently disabled, as the term "permanently disabled" is hereinafter fixed and
defined. Such option shall be exercised by employer giving notice to employee by registered mail,
addressed to him in care of employer at the above stated address, or at such other address as
employee shall designate in writing, of its intention to terminate this agreement on the last day of
the month during which such notice is mailed. On the giving of such notice this agreement and
the term hereof shall cease and come to an end on the last day of the month in which the notice
is mailed, with the same force and effect as if such last day of the month were the date originally
set forth as the termination date. For purposes of this agreement, employee shall be deemed to
have become permanently disabled if, during any year of the term hereof, because of ill health,
physical or mental disability, or for other causes beyond his control, he shall have been
continuously unable or unwilling or have failed to perform his duties hereunder for thirty (30)
consecutive days, or if, during any year of the term hereof, he shall have been unable or unwilling
or have failed to perform his duties for a total period of thirty (30) days, whether consecutive or
not. For the purposes hereof, the term "any year of the term hereof" is defined to mean any
period of 12 calendar months commencing on the first day of ___________(18)__________ and
terminating on the last day of __________(19)_____________ of the following year during the
9. DISCONTINUANCE OF BUSINESS AS TERMINATION OF EMPLOYMENT
Anything herein contained to the contrary notwithstanding, in the event that employer
shall discontinue operations at the premises mentioned above, then this agreement shall cease
and terminate as of the last day of the month in which operations cease with the same force and
effect as if such last day of the month were originally set forth as the termination date hereof.
10. EMPLOYEE'S COMMITMENTS BINDING
ON EMPLOYER ONLY ON WRITTEN CONSENT
Employee shall not have the right to make any contracts or other commitments for or on
behalf of employer within the written consent of employer.
11. CONTRACT TERMS TO BE EXCLUSIVE
This written agreement contains the sole and entire agreement between the parties, and
supersedes any and all other agreements between them. The parties acknowledge and agree
that neither of them has made any representation with respect to the subject matter of this
agreement or any representations inducing the execution and delivery hereof except such
representations as are specifically set forth herein, and each party acknowledges that he or it has
relied on his or its own judgment in entering into the agreement. The parties further acknowledge
that any statements or representations that may have heretofore been made by either of them to
the other are void and of no effect and that neither of them has relied thereon in connection with
his or its dealings with the other.
12. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING
No waiver or modification of this agreement or of any covenant, condition, or limitation
herein contained shall be valid unless in writing and duly executed by the party to be charged
therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in
evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting
this agreement, or the rights or obligations of any party hereunder, unless such waiver or
modification is in writing, duly executed as aforesaid. The provisions of this paragraph may not be
waived except as herein set forth.
13. CONTRACT GOVERNED BY LAW
This agreement and performance hereunder and all suits and special proceedings
hereunder shall be construed in accordance with the laws of the State of _______(20)_______.
14. BINDING EFFECT OF AGREEMENT
This agreement shall be binding on and inure to the benefit of the respective parties and
their respective heirs, legal representatives, successors, and assigns.
Executed on the date first above written.
The information in this document is designed to provide an outline that you can follow
when formulating business or personal plans. Due to the variances of many local, city, county
and state laws, we recommend that you seek professional legal counseling before entering into
any contract or agreement.