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Employment Transfer Agreement Template for United States

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Key Requirements PROMPT example:

Employment Transfer Agreement

"I need an Employment Transfer Agreement to move a senior software engineer from our UK subsidiary to our US headquarters in Boston, with the transfer to be effective from March 1, 2025, including relocation benefits and retention of existing stock options."

Document background
The Employment Transfer Agreement is essential when an employee moves between different legal entities, whether within the same corporate group or to an entirely new organization. This document, governed by U.S. federal and state employment laws, ensures a smooth transition while preserving employee rights, maintaining benefit continuity, and clearly defining the terms of the new employment relationship. It's particularly crucial in corporate restructuring, mergers and acquisitions, or internal reorganizations where employees need to be formally transferred between legal entities.
Suggested Sections

1. Parties: Identifies all parties involved in the transfer (current employer, new employer, employee)

2. Background: Context of the transfer and relationship between the parties

3. Definitions: Key terms used throughout the agreement

4. Transfer Terms: Core terms of employment transfer including effective date and position

5. Compensation and Benefits: Details of salary, benefits, and continuation terms

6. Service Recognition: Recognition of continuous service and accrued entitlements

7. Governing Law: Specifies the jurisdiction and applicable laws governing the agreement

8. Execution: Signature blocks and execution requirements for all parties

Optional Sections

1. Relocation Terms: Details of relocation assistance, timeline, and requirements when transfer involves geographic relocation

2. International Considerations: Special provisions for cross-border transfers including visa requirements and tax implications

3. Non-compete Provisions: Restrictions on future employment and protection of business interests

4. Intellectual Property Rights: Provisions regarding ownership and transfer of IP rights between employers

5. Confidentiality Obligations: Terms regarding handling of confidential information during and after transfer

Suggested Schedules

1. Schedule A - Current Benefits Summary: Detailed outline of existing benefits package and entitlements

2. Schedule B - New Benefits Package: Comprehensive description of benefits under new employment arrangement

3. Schedule C - Relocation Package: Itemized list of relocation benefits and assistance if applicable

4. Appendix 1 - Position Description: Detailed description of new role, responsibilities, and reporting structure

5. Appendix 2 - Transfer Timeline: Schedule of key dates and milestones in the transfer process

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

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Industries

Fair Labor Standards Act (FLSA): Federal law governing wage and hour requirements, overtime regulations, and employee classification standards that must be maintained during transfer

Employee Retirement Income Security Act (ERISA): Federal law regulating employee benefits, including transfer of pension plans, healthcare benefits, and other retirement provisions

Family and Medical Leave Act (FMLA): Federal law ensuring continuation of leave eligibility and service credit transfer in employee transitions

Immigration and Nationality Act: Federal legislation governing work authorization requirements and visa status considerations for transferred employees

Internal Revenue Code: Federal tax regulations addressing transfer implications, benefits taxation, and treatment of relocation expenses

State Labor Laws: State-specific regulations on wages, hours, paid time off, and unemployment insurance that vary by jurisdiction

State Worker Protection Laws: State-level regulations governing non-compete agreements, trade secrets protection, and employment at will doctrine

Equal Employment Opportunity (EEO) Laws: Federal anti-discrimination provisions and reasonable accommodation requirements that must be maintained during transfer

Americans with Disabilities Act (ADA): Federal law ensuring continuation of accommodations and accessibility requirements for disabled employees during transfer

WARN Act: Federal law requiring notice periods if transfer involves facility closure or mass layoff situations

Business Corporation Laws: State and federal corporate laws governing entity relationships between transferring companies and corporate authority for transfers

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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