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Indefinite Term Employment Agreement Template for United States

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Key Requirements PROMPT example:

Indefinite Term Employment Agreement

"I need an Indefinite Term Employment Agreement for hiring a senior software engineer in California, with strong IP protection clauses and equity compensation provisions, starting March 1, 2025."

Document background
The Indefinite Term Employment Agreement serves as the primary contract between employers and employees for permanent positions in the United States. This document is essential when establishing long-term employment relationships and should be used whenever hiring full-time or part-time employees without a predetermined end date. It provides legal protection for both parties by clearly defining employment terms, responsibilities, compensation, and benefits while ensuring compliance with federal and state employment laws. The agreement typically includes provisions for termination, confidentiality, and intellectual property rights, adapting to specific industry requirements and state jurisdictions.
Suggested Sections

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

2. Background: Brief 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, reporting structure, and performance expectations

5. Compensation: Base salary, payment schedule, and other guaranteed compensation

6. Term and Termination: Employment start date and conditions for termination

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

8. Benefits: Standard benefits package including healthcare, retirement, and statutory benefits

9. Confidentiality: Protection of company's confidential information

10. Governing Law: Applicable jurisdiction and choice of law

Optional Sections

1. Non-Compete: Restrictions on post-employment competition - recommended for senior positions or roles with access to sensitive information

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

3. Remote Work: Terms and conditions for remote working arrangements - include when remote work is permitted

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

5. Equity Compensation: Stock options or other equity-based compensation - include when equity is part of compensation package

Suggested Schedules

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

2. Schedule B - Benefits Package: Detailed description of benefits package and eligibility

3. Schedule C - Bonus Plan: Details of any applicable bonus schemes

4. Schedule D - Company Policies: Key company policies referenced in the agreement

5. Schedule E - Confidential Information: Detailed description of what constitutes confidential information

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 considerations include minimum wage requirements, overtime calculations, and employee classification.

Equal Employment Opportunity Laws: Bundle of federal laws including Title VII, ADA, ADEA, and Equal Pay Act, protecting against workplace discrimination based on race, color, religion, sex, national origin, age, disability, and ensuring equal pay.

Family and Medical Leave Act (FMLA): Federal law providing eligible employees with up to 12 weeks of unpaid, job-protected leave per year, with continuation of health benefits.

Immigration Reform and Control Act: Federal law requiring employers to verify employment eligibility of all employees through Form I-9 completion and documentation.

National Labor Relations Act: Federal law protecting employees' rights to organize, join unions, and engage in collective bargaining, regardless of union membership.

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 protections against discrimination that may provide additional protected categories or different coverage thresholds than federal law.

State Leave Laws: State-specific regulations regarding paid sick leave, family leave, and vacation policies, which may provide greater benefits than federal law.

At-Will Employment Rules: State-specific variations and exceptions to the at-will employment doctrine, including notice requirements and recognized exceptions.

Non-Compete and Confidentiality Regulations: State-specific restrictions and requirements regarding non-compete agreements, trade secret protection, and confidentiality provisions.

Worker Classification Guidelines: Federal and state rules governing employee vs. independent contractor classification and exempt vs. non-exempt status determination.

Benefits and Insurance Requirements: Mandatory insurance requirements including workers' compensation, unemployment insurance, and health insurance under applicable laws.

Workplace Safety Regulations: OSHA requirements and industry-specific safety regulations that must be acknowledged in employment agreements.

Termination Provisions: State-specific requirements regarding notice periods, severance, final paycheck timing, and other termination-related obligations.

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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