Employment Contract in the United States

Clauses

• Introductory recital: Whereas clauses
• Employment clauses
• Term
• Duties
• Standards of performance
• Compensation: Direct
• Compensation: Incentive
• Benets: General
• Benets: Perquisites
• Expenses
• Termination
• Change in control
• Disability
• Restrictive covenants: Noncompetition clauses
• Nondisclosure: Invention assignment: Trade secret provisions
• Antiraiding
• Injunctive relief
• Guarantees
• No strict construction
• Moonlighting
• Reporting
• Employment contracts with salespeople
• Duty to mitigate
• Excise tax gross-up
• Indemnication
• Alternative dispute resolution and arbitration clauses
• Intention of the parties
• Notices
• Waiver
• Severability
• No pledge or assignment clauses
• Withholding
• Contingencies/approvals
• Counterparts
• Legal fees
• Headings/captions
• Governing law
• Entire agreement
• Representations of employee relating to other agreements
• “kiss and tell”
• No disparagement after termination
• Signing bonus
• Use of employee’s name after termination
• No undue inuence
• Resignation from board after termination

Drafting Employment Contract

This section covers the following:

• Necesity of employment contracts
• Negotiation issues
• The automatic renewal principle
• Securities considerations

Types of Employment Contract

Types of employment agreements include the following contracts:

• Relocation agreements
• Foreign service agreements
• Promissory note (undertaken by employee in connection with employer’s loan of money for tuition)
• Recruiter retention agreements
• Key employee noncompete agreements
• Condentiality agreements
• Termination benets agreements
• Employee condentiality agreements
• Employee Invention agreements
• Senior executives’ deferred compensation plans
• Management deferred compensation plans
• Change of control agreements
• Management continuity agreements
• Termination letters
• Retirement agreements
• General conditions for loaned employee services
• Client services agreements (employee leasing)
• Resignation agreements
• Release of all claims agreements
• Telecommuting work agreements
• Separation agreement

Other

Employment security agreements

Releases in employment terminations

Cause of Action for Breach of Confidentiality or Nondisclosure Agreement in Employment Contract: an Overview

This section examines this type of action. This subject identifies the various elements of the Cause of Action for Breach of Confidentiality or Nondisclosure Agreement in Employment Contract, offering a practical approach to the litigation issues of this cause of action. See also the entry about legal risks.