The Employment Agreement - Quick Form is an agreement between an employer and employee that specifies the rights and obligations of each party to the agreement. This Quick Form covers only job duties, compensation, expense reimbursement, benefits, and confidentiality obligations. This program also provides a (longer) Employment Agreement document which includes more comprehensive coverage of these areas, and covers other areas as well, such as commission payments and non-competition agreements. Please note the following cautions: - If the employer expects the employee to abide by the agreement, the employer also must follow the agreement.
- Do not use this document if the employee is covered by a collective bargaining agreement (that is, an agreement negotiated between a labor union and an employer).
- Lawsuits by employees against employers with respect to employment matters are increasing. Such suits are based on employment agreements, in addition to other matters such as injuries and discrimination (for example, age, race, sex, etc.). Many aspects of these lawsuits are ambiguous and uncertain because they are based on an oral contract -- the employment terms were not made in writing. Although a written agreement will not eliminate the possibility of a lawsuit, it helps reduce the possibility because it reduces uncertainty.
- Employment laws vary from state to state and change as courts interpret the law through court decisions. This program will help clarify the employment relationship by presenting the typical issues. A lawyer should be consulted regarding any unique issues not addressed by this program.
- Employment "at will" is an important legal concept in many states and the parties should consider whether the arrangement will be "at will" or for a specified duration. The Employment Agreement - Quick Form provides for an "at will" arrangement only. If the parties wish to specify a specific duration for the employment, the longer, more comprehensive Employment Agreement in this program should be used.
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