Hiring Employees

4/30/2015

1

Employment Agreement

Objectives

• Contract basics

• Employment agreement

• Key terms

• Dispute resolution

4/30/2015

2

What is a Contract?

• A voluntary agreement between two or more parties that is legally enforceable

Elements of a Contract

• Legal Purpose

• Offer

• Acceptance

• Consideration

• Capacity

4/30/2015

3

Employment Agreement

• Memorializes terms of employment relationship

• Avoids confusion or misunderstandings

• Can be in the form of an offer letter or other contract

• Should contain the essential terms relating to employment

Key Terms • Employee’s responsibilities

• Compensation

• Equity

• Duration

• Termination

• IP issues

• Non-compete/Non-solicitation

• Integration clause

4/30/2015

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Dispute Resolution

• Litigation in court

• Arbitration

• Private mediation

• Jurisdiction and choice of law

Summary

• Employee agreements bring predictability, clarity, and accountability to the employment relationship

• The agreement should be in writing and include essential terms of the agreement

• Contracts can be written, oral, or implied – Be sure to include an integration clause in the

written agreement