Alabama Manager Employment Contract - sample
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 and Other 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.
11.4 The Employer will provide military leave to those called upon for military duty (active, inactive, training, ceremonial, or funeral honors duty) in accordance with the Uniformed Services Employment and Reemployment Rights Act 1994 (USERRA). The Employer will make every effort to reemploy employees returning from duty to their previous roles. Employees will also be entitled to any promotions or other advancement, pay, or bonuses they would have received had they not been on military duty.
11.5 Employees are entitled to paid leave for jury selection or jury service. The Employee must provide the Employer with written proof of jury service or jury selection. Once a period of jury service or jury selection ends, the Employee must return to work the next working day.
11.6 Employees who are Volunteer Emergency Responders are entitled to paid time off to respond and undertake their duties. Where possible, the Employee should inform the Employer or their immediate line manager before responding.
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 and with or without notice. The Employer will only terminate this Agreement with good cause - where part of this Agreement has been breached by the Employee or the Employee has committed any other material act or where the breach has occurred due to a failure to act or by omission by the Employee.
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 work that is the same or similar to that of the Employer or to the Employee's role for the Employer in the city, county, or equivalent where the Employee was previously employed.
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 Alabama.
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 43
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 and Other 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.
11.4 The Employer will provide military leave to those called upon for military duty (active, inactive, training, ceremonial, or funeral honors duty) in accordance with the Uniformed Services Employment and Reemployment Rights Act 1994 (USERRA). The Employer will make every effort to reemploy employees returning from duty to their previous roles. Employees will also be entitled to any promotions or other advancement, pay, or bonuses they would have received had they not been on military duty.
11.5 Employees are entitled to paid leave for jury selection or jury service. The Employee must provide the Employer with written proof of jury service or jury selection. Once a period of jury service or jury selection ends, the Employee must return to work the next working day.
11.6 Employees who are Volunteer Emergency Responders are entitled to paid time off to respond and undertake their duties. Where possible, the Employee should inform the Employer or their immediate line manager before responding.
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 and with or without notice. The Employer will only terminate this Agreement with good cause - where part of this Agreement has been breached by the Employee or the Employee has committed any other material act or where the breach has occurred due to a failure to act or by omission by the Employee.
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 work that is the same or similar to that of the Employer or to the Employee's role for the Employer in the city, county, or equivalent where the Employee was previously employed.
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 Alabama.
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 43