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EMPLOYMENT CONTRACT - NEW YORK STATE

Notes
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.

Disclaimer
This document does not constitute legal advice or legal services.
All liability disclaimed.

Copyright
(c) CompactLaw / all rights reserved

EMPLOYMENT CONTRACT

THIS EMPLOYMENT CONTRACT (the "Agreement") is made on [Insert day,


month, year]

BETWEEN:

[Insert Employer's name and address]


the "Employer"

AND

[Insert Employee's name and address]


the "Employee"

WHEREBY IT IS AGREED as follows:

The Employer believes that the Employee has the necessary


qualifications, experience, and abilities to assist and benefit the Employer
in its business. Accordingly, the Employer wishes to employ the
Employee, and the Employee has agreed to accept and enter such
employment upon the terms and conditions set out in this Agreement.
1. Interpretation
Unless the context otherwise admits words importing one gender shall
include all other genders, and words importing the singular shall include
the plural and vice versa.

2. Start Date
The Employee's employment commenced on [Insert day, month, year].

3. Job Title and Description


3.1 The Employer will employ the Employee in the position of [Insert
employee's job title]. The Employee's job description and duties will
consist of the following, [Insert a full description of the Employee's job
and duties].

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. Place of Work & Relocation


4.1 The employee shall work at the Employer's location at [Insert
workplace address] and at such places as the satisfactory discharge of
their duties shall require and shall, if required, temporarily assist at any
other location operated by the Employer now or in the future.

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.

4.3 Where the Employee agrees to a substantial change in their work


location, the Employer, will offer all reasonable support to enable
relocation. Such support can include relocation expenses to cover the cost
of travel, accommodation, and, where required, the settlement of the
Employee's immediate family.

4.4 Where the Employer incurs significant expense in relocating the


Employee (and where applicable, their immediate family), the Employer
shall be entitled to seek the repayment of such expenses should the
Employee leave their employment. Such reimbursement shall be subject
to the following sliding scale. Within the first year - 70% of the costs
incurred by the Employer shall be reimbursed by the Employee, within the
second year - 50%, within the third year 30%. After the third year, any
such requirement to reimburse relocation expenses will expire.

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.

6.2 Pay is subject to review according to a satisfactory assessment as set


out in clause 7 below. There is, however, no contractual entitlement to an
increase in the Employee's compensation. Any changes to compensation
will be notified to the Employee in writing.

6.3 Where the Employer operates a bonus scheme in respect of this


employment, the scheme and any payments made under it are
discretionary and do not constitute a contractual term. The Employer will
determine the amount of the award to be made each year and when
distribution will be made during the year. The Employer reserves the right
at any time to vary, suspend or withdraw the scheme.

6.4 Where the Employer operates a profit-sharing scheme for this


employment, the scheme and any payments made under it are
discretionary and do not constitute a contractual term. The Employer will
determine the amount of the award to be made each year and when
distribution will be made during the year. The Employer reserves the right
at any time to vary, suspend or withdraw the scheme.
6.5 Gross pay is subject to all local, State, Federal, and any other
applicable taxes and deductions as prescribed by law.

6.6 An itemized pay statement of the Employee's earnings and


deductions will be given at the time of payment.

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.

10.2 In addition, the Employee shall be entitled to all recognized Federal


holidays on a paid basis.

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.

10.6 On termination of the employment, the Employee will be entitled to


payment for any unused vacation days. The Employer reserves the right
to deduct payment for vacation taken over the Employee's vacation
allowance from the final payment of compensation made to the Employee
in accordance with clause 8.6.

11. Personal Leave


11.1 The Employee may take up to 10 days of paid personal leave per
year (or such amount of paid personal leave is allowed by law), whichever
is greater. Leave may be taken for medical or personal issues or for
caring for a relative with medical or personal issues.

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.

12.2 The Employer will match the Employee's contribution up to 4% of


their salary.

12.3 The Employer is entitled to make deductions from the Employee's


pay to be used as contributions to the 401(k) Retirement Plan.

12.4 Membership of the 401(k) Retirement Plan is subject to the rules


and terms of the plan as amended from time to time.

13. Healthcare Plan


13.1 On successful completion of their probationary period, the Employee
shall be covered by the Employer's healthcare plan. The Employer shall
provide medical insurance benefits on the same terms and conditions to
all employees within the company.

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. Termination of Employment


14.1 The Employer and the Employee agree the Employee’s employment
is “at-will” as defined under applicable law and that nothing in this
Agreement or any other document changes or alters that status.

14.2 This Agreement may be terminated by the Employer or the


Employee at any time in writing to the other party with or without good
cause or for any or no cause and with or without notice.

14.3 The Employee shall only be entitled to the payments and benefits
earned and accrued on termination as set out in this Agreement.

14.4 The Employee shall not be entitled to any additional payments,


benefits, damages, awards, or any other compensation.

14.5 Where any minimum notice period is required by law, the legal


minimum period will apply.
15. Confidentiality
15.1 The Employee shall not during the period of employment or after his
employment has terminated use or disclose or permit to be disclosed
without the prior consent of the Employer any confidential information,
trade secrets, or proprietary data concerning the practice, business
dealings, or affairs of the Employer or any of the Employer's clients which
may come to his knowledge by reason of his employment.

a) Confidential information or trade secrets shall consist of but not


necessarily be limited to technical, commercial, financial, operational,
marketing, or promotional information.

b) Proprietary data shall consist of but not necessarily be limited to


customer lists, pricing data, sources of supply, financial, production, or
marketing data or merchandising systems and plans.

15.2 This confidentiality clause is specifically not intended to prevent the


Employee (whether a current or former Employee) from disclosing any
conduct, policies, actions, or inactions that could give rise to a civil claim
or criminal action against the Employer.

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:

a) Practise as or do the work which is the same or similar to that of the


Employer or to the Employee's role for the Employer.

b) Offer employment or seek to entice away any employee of the


Employer from the employment of the Employer.

c) Solicit instructions from any persons, employer, or corporation who are


or were a client of the Employer during the period of six months prior to
the termination of the Employee's employment.

16.3 The Employee acknowledges that any breach or violation of this


Agreement is likely to cause loss or damage to the Employer. In that
event, the Employer shall be entitled to apply for injunctive relief or claim
damages in addition to any other available remedies.

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.

20. Prior Agreements


This Agreement sets out the entire Agreement and understanding of the
parties and is in substitution of any previous written or oral agreements
between the Employer and the Employee.

21. Governing Law


This Agreement shall be construed in accordance with and governed by
the laws of the state of New York.
SCHEDULE 1

Employee's Working Week:


[Insert workplace working week, e.g. Monday to Friday]

Employee's Hours of Work:


[Insert hours of work, e.g. 9am to 5pm]

Employee's Hours of Lunch or Break:


[Insert times of lunch or work break, e.g. 1pm to 2pm]

SIGNED (for and on behalf of):

[Insert employer name]


[Insert name of person signing on employer's behalf]
[Insert their position]

Signature:

SIGNED by the Employee:


[Insert employee's name]

Signature:

(c) CompactLaw / all rights reserved / version 41

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