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YOU'RE ONLY FOUR EASY STEPS FROM GETTING YOUR CUSTOMIZED EMPLOYMENT AGREEMENT
1. In the table below, enter the information specific to your transaction.
2. Use your credit card to pay $14.95 for the custom-tailored Contract.
3. Print the Contract that is immediately emailed to you.
4. Have both parties sign the contract. Breathe a sigh of relief--you have the terms of your agreement in writing!
State Law:
Generally, the state law that you will choose to apply to your employment contract should be the laws of the state where the company is located and primarily conducts business.
Noncompetition Clause:
The "noncompetition clause" states that the employee, while employed for you and for an amount of time afterward that you choose, will not:
a. enter into the employment of, render services to or acquire any interest whatsoever, whether as an individual proprietor, partner, associate, shareholder, investor, agent, consultant, trustee or otherwise, in any business, trade or occupation which is engaged or proposes to engage in the same of similar business as employer.
b. plan for or organize any business which competes or would compete with any product or service of employer, or combine with any other past or present officer, employee or director to organize any such competitive business.
c. directly or indirectly hire, offer, or attempt to hire any officer or employee of employer.
d. directly or indirectly persuade or attempt to persuade any customer, agent, or account of employer to alter its relationship with employer.
Discontinuance Of Business:
A "termination due to discontinuance of business" clause is used to inform the employ that should the employer discontinue operating its business at the location where the employee works, then the employee would be terminated on the last day of the month in which the employer stops operating at that location.
Termination Reasons:
Our termination section will appear in your employment agreement exactly as it appears below. However, we give you the option of adding additional reasons for which you can terminate your employee. If you have additional reasons for terminating employees, such as for drug use, you can type them into the provided space, and we will place them into your employment agreement.
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, rules and regulations as established by employer.
d. 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.
Termination For Disability:
The "termination for disability clause" basically provides that should the employee become permanently disabled for a set number of days chosen by you, then the employer has the option of terminating the employee. The clause also provides the following definition of permanently disabled:
employee shall be deemed to have become permanently disabled, if, during the term of this agreement, because of ill health, physical or mental disability or for other causes beyond employee's control, employee shall have been continuously unable, or unwilling, or shall have failed to perform employee's duties under this agreement [for the amount of days specified by you, the employer].
Reimbursed Expenses:
Our employment agreement provides for the standard expenses that are typically reimbursed to employees. The section in your employment agreement that pertains to expenses will read as follows:
Employer agrees to reimburse employee for all expenses reasonably incurred in performing duties pursuant to this agreement. Such expenses include travel undertaken for employer, entertainment conducted for purposes of promotion of employee's business, and fees for educational programs relevant to employee's current or future positions with employer.
If there are any additional expenses that you would like to add to the above section, all you need to do is enter the expense or expenses that will be reimbursed and we will place it into your employment agreement.
Contract Inability:
The "employee's inability to contract for employer"clause provides that without your express written consent, the employee shall not have the right to make any contracts or commitments for, or on behalf of, employer.
Attorney's Fees:
The "attorney's fees" clause provides that if any legal action is filed in relation to this employment agreement, then the unsuccessful party in the action will pay to the successful party a reasonable amount for the successful party's attorney fees. The payment of attorney's fees will be in addition to whatever the court may have required the losing party to pay.
Additional Compensation:
The "additional compensation" clause states that if the employee provide any services to employer as a member of any managing committee, or if employee is elected and becomes and officer or director of employer, that the employee will not receive any additional compensation.
Fidelity Bond:
The "fidelity bond" clause provides that the employee will immediately apply for a fidelity or surety bond at a company, and for an amount specified, by employer. The employer will pay the premium for the bond, and if the bond is refused, or ever canceled, unless done so with the approval of the employer, the employee may be immediately terminated.
Work Facilities:
The "work facilities clause" states that you will furnish your employee with an office at your principal place of business, and that the employee will be provided with all the equipment, technical and clerical support necessary for the employee to perform their duties.
Installments:
For this entry you will need to decide how often you are going to pay your employee. If the employee will receive his or her salary on a weekly basis, then you can simply select "weekly" from the drop-down menu. If you will be paying your employee every two weeks, then you will select "bi-weekly" which means every two weeks. If you will be paying your employee twice a month, then you will select "semi-monthly" because you will be paying him or her two times each month. Accordingly if you will be paying your employee on a monthly basis then you just have to select "monthly."
Improving Operations:
A "recommendation for improving operations" clause requires the employee to let the employer know about any ideas, suggestions, or recommendations they have that would be beneficial to both the employer and the employee.
Effective Date:
The effective date of your Employment Agreement will be the date on which your Employment Agreement will take effect. Therefore you will enter the date that you expect your agreement to start or begin.
Fringe Benefits:
Fringe benefits are any benefits that are in addition to the employee's direct salary. (You should list them even if the employee is not yet eligible for the benefit, because the employment contract will specify that participation is on fulfillment of eligibility requirements.)Such benefits can include things such as various types of insurance, retirement programs, or a company car. Below is an example of how you would list them so that they can be properly inserted into to the agreement:
group health care insurance, life insurance, retirement program
At Will Definition:
An at-will provision in an employee contract basically means that the employer can terminate the employee at any time and for whatever legally allowable reason. However, this also means that the employee has a right to resign from employment anytime that they desire. Because you are allowed to terminate the employee at any time, it is not then necessary to include any reasons for termination in the agreement. The at-will provision is valid in all states, except Montana and Indiana, and simplifies the employment agreement because you do not have to set out all of the possible reasons for terminating the employee in the employment agreement.
If you choose not to use the at-will provision, then you will enter specific dates for the period that this employment agreement will cover and then select and enter the various reasons for which the employee can be terminated. This type of employee is considered a "termination for cause" employee, and it means that to terminate this type of employee you must have a reason and the reasons for termination need to have been included in the employment agreement.
Designated Duties:
Summarize what the employee's assigned duties or tasks will be as your employee.
Examples of how you could describe a particular positions duties:
Paralegal- perform legal research, meet with clients, and assist attorneys as needed.
Reporter- perform necessary research, conduct interviews, and meet assigned deadlines.
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