Employment Agreement for Virginia

Employment Agreement for Virginia



This EMPLOYMENT AGREEMENT (hereinafter referred to as the "Agreement") is effective as of _____________ by and between _____________, an individual (hereinafter "Employee") and _____________ (hereinafter "Employer") (collectively the "Parties" and each a "Party").

WHEREAS, Employer hereby employs Employee, and Employee hereby accepts such employment, upon the terms and subject to the conditions set forth in this Agreement; and

WHEREAS, each Party is duly authorized and capable of entering into this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants, representations, warranties, and obligations set forth herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

  1. Term. The term of employment under this Agreement shall begin as of _____________ and shall continue for a period of _____________ (hereinafter the "Term"). As such, Employee is NOT an employee-at-will and may only be terminated as specified in the paragraph below titled Termination.
  2. Compensation
    1. Pay Period. Employee will be paid _____________. The pay period may be adjusted from time to time by Employer, in its sole discretion.
  3. Employee Benefits. Employee shall be entitled to such fringe benefits as may be provided from time to time by Employer to other employees occupying similar positions. This Agreement is for the sole benefit of Employee and Employer, and is not intended to create an employee benefit plan or to modify the terms of existing plans.
  4. Duties. Employee is being hired by Employer as a(n) _____________. In addition to any job duties specified in this Agreement, if any, Employee shall have such job duties as may from time to time be reasonably assigned to Employee by Employer.
  5. Extent of Services. During this Agreement, Employee shall devote his or her time, energy, and attention to the benefit and business of Employer as may be reasonably necessary in performing Employee's duties pursuant to this Agreement. Any outside employment engaged by Employee must not interfere or conflict with Employee's ability to properly perform his or her job duties or conflict with any provision of this Agreement.
  6. Termination
    1. No At-Will Employment. Employee is NOT an employee-at-will, and this Agreement may only be terminated as follows: (i) for just cause, including, without limitation, breaching a provision of this Agreement; (ii) upon the death of Employee; (iii) upon Employer dissolving, becoming insolvent, filing bankruptcy, or ceasing all business operations; (iv) sale of the business of either Party; or (v) by mutual written agreement of the Parties.
    2. Notice Required. Where this Agreement is terminated due to Employee breaching a provision of this Agreement or other just cause, Employer may terminate this Agreement at any time, with or without notice, as permitted by applicable law. If any minimum notice required by law under the circumstances is greater than the notice required under this paragraph, notice will be provided in accordance with such applicable law.
    3. Exit Interview. If Employer so chooses, Employee will be required to conduct an exit interview and/or write an exit memorandum upon termination of this Agreement.
  7. Work Product. To the extent not contrary to applicable state law, Employee acknowledges and agrees that any and all inventions; discoveries; improvements; trademarks; copyrightable work, including any social media contacts obtained for or on behalf of Employer; or other intellectual property created, produced, designed, or developed, in whole or in part, individually or jointly with others, during this Agreement, which are directly or indirectly within the scope of Employer's past, current, or planned future operations, are Employer's exclusive property, and shall be immediately disclosed and assigned to Employer. Employee further agrees to any and all such applicable items of "work made for hire" for Employer within the definition of Section 101 of Title 17 of the United States Code, or any successor provision, and any corresponding state law provisions. Employee's above obligations to Employer shall be continuous and ongoing and shall survive the termination of this Agreement.
  8. Return of Employer Property. Upon termination of this Agreement, for any reason, or at any other time that Employer may so request, Employee shall immediately deliver to Employer all company and/or client property and/or information, including, but not limited to, all equipment, telephones, credit cards, keys, software, manuals, passwords, financial and tax documents, memoranda, letters, files, records, papers, notes, lists, computer programs, reports, books, and all other documents (and all copies thereof) in Employee's possession, custody, and/or control.
  9. Non-Competition. During this Agreement, Employee shall not directly or indirectly engage in, own, manage, operate, or control, as an employee, officer, director, partner, manager, consultant, agent, owner, or in any other capacity, any business similar to Employer's or that would have the direct or indirect effect of competing with Employer's operations within any city, parish, municipality, or similar division where Employer produces, sells, or markets its goods and services. Examples of prohibited competition include, without limitation, providing Employee's money, advice, or other support to any of Employer's competitors.
  10. No Conflict. Employee represents and warrants that the execution of this Agreement by Employee and the performance of Employee's obligations hereunder will not conflict with, result in the breach of any provision of or the termination of, or constitute a default under any agreement to which Employee is a party or by which Employee is or may be bound. If, at any time, Employee discovers he or she has or may have any outside business relationships or activities that conflict with Employer's best interests, then Employee shall immediately disclose the conflict or potential conflict to Employer.
  11. Equitable Relief and Remedies. Employee acknowledges that any breach of this Agreement will cause substantial and irreparable harm to Employer for which money damages would be an inadequate remedy. Accordingly, Employer shall in any such event be entitled to seek injunctive and other forms of equitable relief to prevent such breach, and the prevailing Party shall be entitled to recover from the other the prevailing Party's losses, damages, and costs, including, without limitation, reasonable attorney's fees and costs, incurred in connection with enforcing this Agreement, in addition to any other rights or remedies available at law, in equity, or by statute.
  12. Non-Exclusivity of Remedies. The enumeration herein of specific remedies shall not be exclusive of any other remedies. Any delay or failure by Employer to exercise any right, power, remedy, or privilege herein contained, or now or hereafter existing under any applicable statute or law, shall not be construed to be a waiver of such right, power, remedy, or privilege. Employer's waiver of a breach of any provision of this Agreement by Employee shall not be considered as a waiver of rights with respect to any subsequent breach by Employee.
  13. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, that provision shall be considered removed from this Agreement, and the remaining provisions shall continue to be valid and enforceable according to the intentions of the Parties. However, if a court or arbitration panel finds that any provision of this Agreement is invalid or unenforceable as currently written, but that by rewriting or limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as is necessary to further the intent of the Parties to the maximum extent permitted by law.
  14. Binding Effect; Assignment. The rights and obligations of Employer under this Agreement shall inure to the benefit of and shall be binding upon the successors and assigns of Employer. This Agreement is a personal employment contract and the rights, obligations, and interests of Employee hereunder may not be sold, assigned, transferred, pledged, or hypothecated.
  15. Entire Agreement. This Agreement contains the entire agreement and supersedes all prior agreements and understandings, oral or written, with respect to the subject matter hereof. This Agreement may be changed only by an agreement in writing signed by the Party against whom any waiver, change, amendment, modification, or discharge is sought.
  16. Time of Essence. Time is of the essence in this Agreement.
  17. Headings. Headings for the paragraphs herein are for convenience only and shall not be construed in interpreting this Agreement.
  18. Governing Law and Venue. To the extent not inconsistent with applicable law, Employee acknowledges and agrees that this Agreement shall be governed by and construed in accordance with the laws of the State of _____________.
  19. Counterparts; Electronic Signature. This Agreement may be executed in counterparts, including by fax, email, or other facsimile, each an original but all considered part of one Agreement. Electronic signatures placed upon counterparts of this Agreement by a Party or their approved agent shall be considered valid representations of that Party's signature.
  20. Notice. Any notice required or permitted to be given under this Agreement shall be sufficient if in writing and if sent by certified or registered mail, first class, return receipt requested, to the Parties at the following addresses or any other address so specified in writing by a Party:

    EMPLOYER ADDRESS
    _____________
    _____________
    _____________, _____________ _____________

    EMPLOYEE ADDRESS
    _____________
    _____________
    _____________, _____________ _____________
  21. Acknowledgments. Employee acknowledges, understands, and accepts:
    1. Employee's obligations under this Agreement;
    2. that Employee freely enters into this Agreement;
    3. that Employee has the right to seek independent advice at Employee's expense or to propose modifications prior to signing the Agreement and has negotiated proposed modifications to the extent Employee deems necessary;
    4. that Employee has been provided with good and valuable consideration in return for the execution of this Agreement; and
    5. THAT EMPLOYEE HAS READ ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

INTENDING TO BE LEGALLY BOUND HEREBY, EMPLOYEE AND EMPLOYER EXECUTED THIS AGREEMENT AS OF THE DATE(S) SET FORTH BELOW.

EMPLOYEE

Signed: ___________________________ Date: ______________________

Name: ___________________________

Title: ___________________________

EMPLOYER

Signed: ___________________________ Date: ______________________

Name: ___________________________

Title: ___________________________

Instructions for Your Employment Agreement



A well-drafted employment agreement should protect the interests of both the Employer and Employee and be flexible enough to handle a variety of common potential disputes that may develop in the future. Below you will find information about important terms and considerations for this agreement.

Party Information

When identifying the parties, be sure to use the full legal names of the Employee and Employer. Note that the Employer can be either an individual or business entity. If the Employer is a business, be sure to include the type of business entity in the name of the Employer; for instance "eDemand, LLC."

Employment Term

Choosing whether you want the agreement to continue indefinitely or for a fixed term will determine the type of employment involved. For instance, choosing an indefinite term will create an at-will employment contract. This allows either party to terminate the employment relationship at any time, with or without cause. At-will employment is the most common type of employment throughout the United States.

However, if the parties desire a more definite employment time frame, you can select employment for a fixed term. This means that the employment can only be terminated while the agreement is in effect for just cause, such as violating a term of the agreement.

Job Description

Add the job description by detailing the relevant services that the Employee will perform. There is no need to include every individual service the Employee will be responsible for because the agreement allows the Employer to assign new duties that are reasonable within the scope of the agreement. Simply including the general job duties will suffice.

You will also be able to select whether or not the Employee is allowed to engage in outside employment for other businesses while performing the services under this agreement. This term is usually negotiated upfront with the Employee to ensure all parties are on the same page.

Compensation and Benefits

You have complete flexibility in tailoring how the Employee is paid, including by hourly wage, salary, salary plus commission, solely on commission, or your own custom pay structure.

You also have the option to list any benefits the Employee will receive. This part is optional since you can always agree on benefits at a later time with the Employee or in a different agreement.

It is not necessary to include all the Employer's rules and information regarding each benefit you include. Instead, you may simply name the benefit and briefly describe any major characteristics associated. Further details of each benefit are normally elaborated in the Employer's official policy documentation and may be subject to change.

Ownership of Intellectual Property

Under the terms of the agreement, the Employer will retain all work produced under the agreement. This is legally known as "works made for hire."

However, if the works or services provided are generic in nature, you may want to reword this provision so that the Employee will retain ownership and the Employer will only be granted a non-exclusive limited right to use any intellectual property produced by the Employer.

Termination

Next, specify how much advance notice is required when a party decides to end the contract. In many industries it is customary to require at least two weeks' notice of termination. However, it is completely acceptable to not require any notice.

Note that if a party is terminating the agreement due to a violation of the agreement by the other party, then the agreement states that no notice will be required to terminate it.

Additional Terms

You can add additional terms and conditions as desired. You have complete flexibility to tailor the document to reflect the specific situation and true intent of the parties, but be sure to preview the agreement first so that you know what has already been included for you.

As an example, you might require the Employer to pay a cancellation fee (or "kill" fee) to the Employee if the Employer decides to end the contract early. However, if the term length is indefinite, then you will not be able to require a cancellation fee.

How to Execute Your Agreement

  • Have each party to the agreement sign and date the signature lines where indicated. Electronic signatures are allowed by the terms of the agreement. The parties can also sign copies sent to each other by email, fax, or other electronic means.
  • Make sure that all parties receive a copy of the agreement after it is executed.
Please note that the language you see here changes depending on your answers to the document questionnaire.
Business Human Resources

Employment Agreement

An employment agreement establishes the goals, expectations, and financial benefits that make up the relationship between the employee and employer.

The agreement details all of the significant matters related to the employment relationship, including the length and type of employment, payment structure, vacation and other benefits, duties and obligations to the company, ownership of intellectual property, confidentiality provisions, and more.

Whether you are an employer or employee, LegalNature lets you create, download, and store your employment agreement in just a few easy steps. Start yours today!

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