At Will Employment Contract for the United States

At Will Employment Contract Template for United States

An At Will Employment Contract is a legally binding agreement used in the United States that establishes an employment relationship where either party can terminate the employment at any time, with or without cause. The document outlines essential terms such as compensation, duties, benefits, and company policies while explicitly stating the at-will nature of employment. It incorporates federal employment laws and state-specific requirements, providing both employer and employee with clear expectations while maintaining maximum flexibility in the employment relationship.

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What is a At Will Employment Contract?

The At Will Employment Contract serves as the primary document establishing employment relationships in the United States, where at-will employment is the default in most states. This contract is essential for companies looking to hire employees while maintaining flexibility in workforce management. It should be used when initiating any new employment relationship that isn't governed by a collective bargaining agreement or specific term contract. The document typically includes key employment terms while explicitly preserving the at-will nature of employment, subject to federal laws and state-specific regulations. It's particularly important in documenting agreed-upon terms while maintaining the distinctive characteristics of at-will employment that define U.S. employment relationships.

What sections should be included in a At Will Employment Contract?

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 including Company, Employee, Confidential Information, etc.

4. Position and Duties: Job title, responsibilities, reporting structure, and performance expectations

5. Compensation: Base salary, payment frequency, and other monetary benefits

6. At-Will Employment: Clear statement that employment is at-will and can be terminated by either party at any time

7. Work Schedule: Expected working hours, location, and time tracking requirements

8. Confidentiality: Protection of company's confidential information and trade secrets

9. Termination: Conditions and process for employment termination, including notice requirements

What sections are optional to include in a At Will Employment Contract?

1. Benefits: Details of health insurance, retirement plans, and other benefits offered by the employer

2. Non-Compete: Restrictions on post-employment competition and solicitation of employees/customers

3. Intellectual Property: Assignment of rights to work product and inventions created during employment

4. Remote Work: Terms and conditions for remote work arrangements including equipment and expenses

What schedules should be included in a At Will Employment Contract?

1. Schedule A - Job Description: Detailed outline of role, responsibilities, and performance expectations

2. Schedule B - Benefits Package: Comprehensive description of all benefits and eligibility requirements

3. Schedule C - Company Policies: Reference to and incorporation of relevant company policies and procedures

4. Schedule D - Compensation Structure: Detailed breakdown of salary, bonuses, commissions, and other compensation elements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
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 proper employee classification.

Title VII of the Civil Rights Act: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin. Must be reflected in equal opportunity employment statements and anti-discrimination policies.

Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for qualified individuals with disabilities and prohibiting discrimination based on disability.

Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from employment discrimination based on age.

Equal Pay Act: Federal law requiring equal pay for equal work regardless of gender. Impacts compensation terms and pay structure documentation.

Family and Medical Leave Act (FMLA): Federal law providing eligible employees with up to 12 weeks of unpaid, job-protected leave annually. Applies to companies with 50+ employees.

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

National Labor Relations Act: Federal law protecting employees' rights to organize and engage in collective bargaining. Impacts employment terms even in non-union settings.

State At-Will Employment Exceptions: State-specific exceptions to at-will employment including public policy, implied contract, and covenant of good faith exceptions. Varies by jurisdiction.

State Wage and Hour Laws: State-specific requirements for minimum wage, pay frequency, and final paycheck requirements. May exceed federal standards.

State Leave Laws: State-specific regulations regarding sick leave, vacation policies, and family leave. May provide additional rights beyond federal requirements.

State Non-Compete Regulations: State-specific rules governing the enforceability and scope of non-compete agreements. Varies significantly by jurisdiction.

State Termination Requirements: State-specific rules regarding notice periods, final pay requirements, and termination procedures. Must be incorporated into termination clauses.

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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