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Review Employment Agreement California

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  • Review Employment Agreement California

    I would like to ask if any professionals could take a quick moment to read this employee agreement. Business is a computer manufacturing company in California.

    **********************

    This Employment Agreement is made and effective as of ____________________________, between
    *EMPLOYER* (“Employer”) and ____________________________________ (“Employee”).

    The parties agree:

    1. At Will Employment. Either party may terminate this Agreement at any time, with or without prior notice, and with or without cause.

    2. Place of Employment. Employee will operate primarily from *EMPLOYER*’s main office,
    *XXXX*, *XXX*, California, *****. Employee will be required to travel by Employee’s own means, to clients’ offices or residences to provide required services.

    3. Work Hours. Full time Employee will work a minimum of 5 days per week (Monday through Friday), for 8 hours each day. Official business hours are from 9:00 a.m. to 6:00 p.m. Employer may change Employee’s hours or occasionally require Employee to work overtime if required to perform Employee’s duties.

    4. Reporting. Employee will report directly to the Director of Operations.

    5. Vacation. Employee agrees to schedule all vacation to fit Employer’s reasonable business requirements and to give Employer at least thirty (30) days advance written notice before beginning any vacation. Employer reserves the right to deny any request submitted with less than 30 days advance notice.

    6. Sick Leave. Sick leaves are to be notified to the Director of Operations immediately with a phone call only. An excused sick leave is defined as employee has properly notified executive staff of absence in advance, whereas an unexcused sick leave is defined as an absence without proper notice. Employee may have up to 6 excused sick leaves and 2 unexcused sick leaves within a quarter. Any sick leaves further than the allowed amount may harm *EMPLOYER*’s operation. The executive staff has the right to replace employee at their will if employee is abusing their attendance.

    7. Attendance. Employee understands that *EMPLOYER*’s operations are run by employee’s attendance and any form of poor attendance harms *EMPLOYER*’s operations. Executive staff reserves the right to replace employee at their will if employee continues with a poor attendance record. Employee must notify Director of Operations within a one week head notice for an excused absence. Employee is expected to arrive to work by 9:00AM on a daily basis unless otherwise stated below:

    __________________________________________________ _______________

    _________________________________________________

    8. Workplace Injury Liability. Employer shall not be held responsible for any workplace injuries that are at the result directly by employee. For example: employee jumping off table and slipping; employee dropping computer onto their foot; etc.

    9. Professional Behavior. Employee is expected to remain in a constant professional attitude the moment they enter *EMPLOYER*’s premises. Conversations that are not related to day-to-day priorities will be saved for breaks. Any conversation employee wishes to have with another employee will be discussed outside of work environment in order to provide a quiet professional environment for all fellow peers. Employee promises to be alert, efficient in their day-to-day tasks. Employee agrees to clean up their workspace at the end of the day on a daily basis. Employee understands *EMPLOYER* operates with a zero tolerance policy for unprofessional behavior. Cell phone use is not permitted when employee is “clocked-in” the system unless it is a crucial emergency.

    10. Access Control. Employee understands that various areas inside *EMPLOYER*’s building are only allowed access to elected individuals. Employee does not have the right to enter Inventory rooms unless stated by an executive official.

    11. Breaks. Employer provides employee with two paid 10 minute breaks through the day to refresh their minds.

    12. Lunch and Food. Employer provides employee with 1 hour non-paid lunch. Employee understands that meat products are not allowed inside *EMPLOYER*’s premises.

    13. Clocking In/Out. Employee understands it is their responsibility to clock in and out of the system in order to track their hours effectively. Any time an employee forgets to use the attendance recording system; employee must notify an executive officer with a written letter.

    14. Workplace Monitoring. Employee understands employer has the right to record video and audio within *EMPLOYER* premises and record internet activity such as email and web browsing. Employee understands workplace monitoring is in effect for security, theft, and performance analysis.

    15. Use of Components. Employee understands employer has provided employee with access to inventory such as computer components and software in good faith that employee with handle components with sincerity and care.

    16. Theft. Employer operates with a very strict zero tolerance policy for theft in the workplace. Any employee caught in the action of stealing from *EMPLOYER*’s premises will be immediately discharged and notified to the proper authorities.

    17. Confidentiality. Employee will devote all of Employee’s best efforts to Company business and shall not engage in any activities potentially detrimental or competitive with the Company.
    Employee agrees to maintain in confidence and not use or disclose, directly or indirectly, either during or after employment with the Company, any confidential information or intellectual property belonging to the Company, without the Company’s prior written consent. “Confidential information” means any information pertaining to the Company’s business, which is not generally known to actual or potential competitors. “Intellectual property” includes customer lists, work products, trade names, trade secrets, trademarks, service marks, copyrightable works and the like.
    When Employee leaves the Company, or upon earlier demand, Employee promises to return all of the Company’s property, including but not limited to documents, CDs, tapes and other media, and records, together with all copies of them in Employee’s possession.
    All intellectual property, which Employee may develop, either jointly or alone, with the Company’s tools or facilities or Company time shall belong to the Company.
    Employee agrees that the breach of any part of this Agreement could not reasonably or adequately be compensated in damages in an action of law. Accordingly, Employee agrees that in addition to money damages, the Company shall be entitled to injunctive relief, which may include, but shall not be limited to, restraining Employee from utilizing any intellectual property or confidential information belonging to the Company. Company shall be entitled to all the remedies under California’s Uniform Trade Secrets Act, the federal Lanham Act and Copyright Act, and any other application law. The prevailing party in any action, arbitration, administrative or bankruptcy proceeding arising from or related to this Agreement shall be entitled to recover attorney’s fees and costs.

    18. Unfair Competition. While working for *EMPLOYER*, Employee agrees not to undertake any engagement or employment that is directly or indirectly competitive with *EMPLOYER* or which would result in a conflict of interest.

    19. Final Agreement. This employment agreement supersedes any prior employment agreements between the parties.

    20. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of California.

    21. Amendment. Except as provided herein, no provision of this Agreement may be amended or added to except by an agreement in writing signed by the parties hereto. All wages and all other terms of this agreement are subject to modification by Employer upon written notice to Employee.

    22. Entire Agreement. The terms of this agreement are intended by the parties as a final expression of their agreement. It is understood that there are no oral agreements between the parties hereto affecting the agreement and that this agreement supersedes and cancels any and all previous negotiations, arrangements, brochures, letters, memos, agreements and understandings, if any, between the parties hereto.

    23. Severability. The invalidity of any provision of this employment agreement as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof.
    *
    Both Parties hereby agree to all 23 references in the Employment Agreement:
    *
    Employee:
    *
    Employer:
    *
    *
    __________________________________________
    Signature
    __________________________________________
    Printed Name:
    __________________________________________
    Date:
    *
    __________________________________________
    Signature
    __________________________________________
    Printed Name:
    __________________________________________
    Date:
    *

  • #2
    No one but a CA attorney should attempt to do what you are requesting. We have a couple of CA attorneys who post here but neither has been around for a while. I strongly recommend that instead of waiting for a qualified attorney to come by, you instead take it to an attorney locally.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Understood. I definitely will, I just wanted to see if anyone had any comments with it before I did.

      Comment


      • #4
        Most of us here are NOT attorneys, but HR or payroll professionals, or else business owners. To comment on something so specific could be viewed as practicing law without a license. We can only provide general information about the laws.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Let's just close this thread. I am seeing a local small business attorney to review and refine our employee agreement.

          Comment


          • #6
            I think that's very wise. Sorry we couldn't help.

            If you have a general question, we'll be happy to do our best. We just can't do anything this specific.

            Closed at the request of the poster.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment

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