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CHECKLIST

FOR EMPLOYMENT AGREEMENTS





Special Definitions


Description of Job Duties:

Name of position
Essential job functions or duties
Duty of loyalty and best efforts
Place and hours of employment


Length of Agreement:

Original term
Extension of agreement


Benchmarks and Performance Terms:

Production benchmarks
Marketing benchmarks
Overhead benchmarks
Skills enhancement
Other benchmarks


Compensation Terms:

Base compensation (salary, hourly or commission)
Overtime exempt status
Commission arrangements including when "earned", draws, and effect of termination on pending deals
Incentive programs
Expenses, allowances, etc.
Salary adjustments






Benefits:

Health, dental, vision, life, disability and professional liability insurance
Professional licenses & memberships
Vacation 
Holidays
Stock options, bonuses, profit sharing, raises and retirement
Educational reimbursement


Termination

Definition of at will or cause if for cause agreement
Disability
Loss of licensure 


Covenants:

Non-disclosure of trade secrets, customer lists and other proprietary information
Non-solicitation agreement
Non-recruit agreement
Adherence to company policies, rules and regulations
Covenant to notify management of unlawful acts or practices


Property Rights:

Existing clientele of employee
New clientele generated while at work
Records and accounts
Return upon termination
Copyrights, inventions and patents
"Work for hire" issues


Indemnification for Third Party Claims


Mediation and Arbitration Provisions


Liquidated Damages and Limits on Damages


Attorney's Fees and Costs


Miscellaneous Clauses:

Accuracy of representations
Notices
Entire agreement
Effect of prior agreements or understandings
Modifications
Severability of agreement
Waiver of breach
Ambiguities related to drafting
Choice of law, jurisdiction and venue
Submission to drug testing
Statute of limitations


Attorney review


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