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At-Will employment contract for New York state. Employment contract for
managers with more generous terms for relocation, vacation and personal
leave but includes confidentiality and non-compete clauses. Compensation
also makes to reference to bonuses and profit-sharing.
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This document does not constitute legal advice or legal services.
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EMPLOYMENT CONTRACT
BETWEEN:
AND
2. Start Date
The Employee's employment commenced on [Insert day, month, year].
3.2 These duties may change and develop over time. Therefore, upon
giving reasonable notice, the Employer reserves the right to require the
Employee to perform other duties within the Employee's capability.
4.2 Where the Employer plans to move the Employee's work location to
another county, state, and such a move would disrupt the Employee; the
Employer will first consult fully with the Employee regarding any proposed
change in their work location. Such consultation may also include the
Employer seeking to offer the Employee the same or similar work closer
to their home.
5. Hours of Work
5.1 The Employee's normal hours of work and the time allowed for lunch
or break periods shall be as per Schedule 1. In addition, the Employee
shall, on reasonable prior request by the Employer, be required to work
such hours outside his normal working hours, as the Employer considers
necessary to meet the needs of the business with no entitlement to
additional payment unless otherwise agreed.
5.2 Time spent by the Employee traveling to or from their place of work
(such place of work as directed by the Employer) shall not constitute
working time and shall not count as hours worked and shall accordingly
not be paid time.
6. Compensation
6.1 The employer shall pay the Employee a gross pay of [Insert amount
in words and numbers, for example, $95,000, Ninety-Five Thousand
Dollars] per year, paid monthly in arrears.
7. Assessments
The Employer will assess the Employee after the first six months of his
employment and then every twelve months after that.
8. Deductions
The Employer reserves the right to make deductions from the Employee's
pay as follows:
8.1 Where the Employer has overpaid the Employee for any reason.
8.2 Where the Employer suffers loss by failure of the Employee to follow
instructions or exercise diligence.
8.3 If the Employee causes damage to the Employer's property, the value
of replacement or repair shall be deducted.
8.4 If the Employee leaves the Employer's employment without giving the
required notice, the value of the Employee's pay for the notice period will
be deducted.
8.5 If the Employee enters the Employer into any contract without
authority, the value of any loss will be deducted.
8.6 When the Employee leaves the Employer, the Employer will deduct
any overpayments, advances, and vacation pay over the Employee's
allowance.
9. Expenses
Upon being presented with proof of payment of the Employee's expenses
incurred in performing their duties, the Employer shall reimburse the
amount of these expenses at the end of each month. The Employer will
meet the following expenses - travel, food, and accommodation.
10. Vacation Time
10.1 The employee shall be entitled every year to 14 days paid vacation,
or such amount of paid vacation required by law, whichever is greater.
10.3 Vacations are to be taken at such times as may be agreed with the
Employer. All such scheduling will be agreed upon in writing.
10.4 The Employee may carry any unused vacation days forward to the
following year or alternatively receive payment for unused vacation days
in the current year. In this situation the Employee should inform the
Employer whether they wish to carry forward days or receive payment for
the unused days.
10.5 The Employer may, at its discretion, refuse to allow the Employee to
take any outstanding vacation days during any period of notice, where
notice is given, to affect a smooth handover or to finish outstanding work.
The Employee in those circumstances will be entitled to additional
payment at their normal rate of pay for any unused vacation.
11.2 Where the Employee uses all their paid personal leave, the
Employer may allow any remaining vacation for the year to be used.
11.3 The Employee (or someone on the Employee's behalf) should inform
the Employer as soon as possible of the absence and the reasons for the
absence.
12. 401(k) Retirement Plan
12.1 On the successful completion of their probationary period, the
Employee shall be eligible to contribute to a 401(k) Retirement Plan
sponsored by the Employer.
13.2 The membership of the Healthcare Plan is subject to the rules and
terms of the plan as amended from time to time.
14.3 The Employee shall only be entitled to the payments and benefits
earned and accrued on termination as set out in this Agreement.
16. Non-Compete
16.1 The Employee shall not, during the period of his employment
without the prior consent of the Employer, engage in any other
employment whether directly or indirectly as an employee, partner, or
agent which is the same or similar to that of the Employer or to the
Employee's role for the Employer.
16.2 The Employee shall not on his own behalf or as the employee or
agent of any other persons for the period of six months following the date
of termination of his employment hereunder:
17. Amendments
No addition to or modification of any clause in this Agreement shall be
binding on the parties unless made in writing and signed by the
signatories to this Agreement or their duly authorized representatives.
18. Severability
It is hereby declared that the foregoing paragraphs, sub-paragraphs, and
clauses of this Agreement shall be read and construed independently of
each other. Should any part of this Agreement or its paragraphs, sub-
paragraphs, or clauses be found invalid, it shall not affect the remaining
paragraphs, sub-paragraphs, and clauses. The Schedules to this
Agreement constitute an integral part thereof.
19. Waiver
Failure by either party to enforce any accrued rights under this
Agreement is not to be taken as or deemed to be a waiver of those rights
unless the waiving party acknowledges the waiver in writing.
Signature:
Signature: