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Employment Services Contract Template for United States

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Key Requirements PROMPT example:

Employment Services Contract

"I need an Employment Services Contract for hiring a senior software engineer in California, with specific provisions for remote work, intellectual property protection, and stock options as part of the compensation package, starting March 1, 2025."

Document background
The Employment Services Contract serves as the foundational document governing the employer-employee relationship in the United States. This contract is essential when hiring full-time or part-time employees, ensuring clear documentation of employment terms while maintaining compliance with federal and state labor laws. The document typically includes detailed information about compensation, benefits, work responsibilities, and termination conditions, while also addressing important aspects such as confidentiality, intellectual property rights, and non-compete provisions where applicable. It's designed to protect both parties' interests while establishing clear expectations for the employment relationship.
Suggested Sections

1. Parties: Identification of employer and employee with full legal names and addresses

2. Background: Context of the employment relationship and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Position and Duties: Job title, responsibilities, and reporting structure

5. Term and Termination: Duration of employment and conditions for termination

6. Compensation: Salary, payment schedule, and any bonus structures

7. Working Hours and Location: Standard working hours, workplace location, and flexibility provisions

8. Benefits: Health insurance, retirement plans, and other standard benefits

9. Governing Law: Applicable jurisdiction and choice of law

Optional Sections

1. Non-Compete: Restrictions on post-employment competition - include when protecting business interests is crucial and state law permits

2. Intellectual Property: Ownership of work product and inventions - include for creative or technical positions

3. Remote Work: Terms for working from home or other locations - include when remote work is permitted

4. Commission Structure: Details of sales or performance-based compensation - include for sales or commission-based roles

5. Equity Compensation: Stock options or other equity-based benefits - include when offering company ownership as part of compensation

Suggested Schedules

1. Schedule A - Job Description: Detailed outline of role responsibilities and requirements

2. Schedule B - Compensation Details: Detailed breakdown of salary, bonuses, and benefits

3. Schedule C - Company Policies: Reference to or inclusion of key company policies

4. Schedule D - Confidentiality Agreement: Detailed terms of confidentiality obligations

5. Schedule E - Benefits Package: Detailed description of all benefits and eligibility requirements

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Clauses






























Industries

Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, recordkeeping, and child labor standards. Key requirements include minimum wage compliance, overtime calculations, and maintaining accurate employee time records.

Civil Rights Act - Title VII: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Requires implementation of equal employment opportunity policies and anti-discrimination measures.

Americans with Disabilities Act (ADA): Federal law requiring employers to provide reasonable accommodations for employees with disabilities and prohibiting discrimination based on disability status.

Age Discrimination in Employment Act (ADEA): Federal law protecting workers age 40 and older from employment discrimination based on age.

Family and Medical Leave Act (FMLA): Federal law providing eligible employees with up to 12 weeks of unpaid, job-protected leave per year for specified family and medical reasons.

Immigration Reform and Control Act: Federal law requiring employers to verify the identity and employment eligibility of all employees by completing Form I-9.

National Labor Relations Act: Federal law protecting employees' rights to organize and engage in collective bargaining, whether unionized or not.

State Labor Laws: State-specific regulations governing minimum wage, overtime, break periods, and other employment conditions that may exceed federal requirements.

State Employment Discrimination Laws: State-specific anti-discrimination provisions that may provide additional protected categories or different compliance thresholds beyond federal law.

State Leave Laws: State-specific requirements for paid sick leave, family leave, and vacation pay that may provide additional benefits beyond federal requirements.

State Workers' Compensation Laws: State-specific requirements for providing insurance coverage for work-related injuries and illnesses, including reporting obligations.

State Unemployment Insurance Laws: State-specific requirements for unemployment insurance contributions and eligibility criteria for benefits.

Internal Revenue Code: Federal tax law governing employee classification (employee vs. independent contractor) and tax withholding requirements.

Employee Retirement Income Security Act (ERISA): Federal law setting minimum standards for voluntary established pension and health plans in private industry.

Occupational Safety and Health Act (OSHA): Federal law establishing workplace safety standards and requiring employers to provide a safe working environment.

State Non-Compete Laws: State-specific regulations governing the enforceability of non-compete agreements, including restrictions on duration and geographic scope.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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