90 Day Employment Contract Template for the United States

A 90 Day Employment Contract is a temporary employment agreement that establishes a fixed-term working relationship between an employer and employee in the United States. This document serves as a legal framework for trial periods, seasonal work, project-based hiring, or temporary staffing arrangements while ensuring compliance with federal labor laws including the Fair Labor Standards Act, Title VII of the Civil Rights Act, and the Americans with Disabilities Act.

When do you need this document?

You need a 90 Day Employment Contract when hiring employees for temporary positions, conducting trial periods for potential permanent hires, or addressing short-term business needs. This contract is particularly valuable when you want to evaluate a candidate's performance and cultural fit before making long-term commitments. Seasonal businesses often use these contracts for holiday staff, while growing companies may implement them as probationary periods for new hires. Project-based organizations frequently rely on 90-day contracts when specific expertise is needed for limited durations, and startups commonly use them to manage cash flow while assessing workforce needs.

Key legal considerations

Your 90 Day Employment Contract must address several critical legal elements to protect both parties and ensure enforceability. The compensation clause should specify wages, payment schedules, and overtime provisions in compliance with FLSA minimum wage requirements. Include clear job descriptions and performance expectations to avoid disputes about duties and responsibilities. Address benefits eligibility, as temporary employees may have different entitlements than permanent staff. The contract should specify termination procedures, including notice requirements and final payment timelines. Consider including non-disclosure and non-compete clauses if applicable to your business, though enforceability varies by state. Ensure the agreement acknowledges equal employment opportunity requirements and prohibits discrimination based on protected characteristics under federal civil rights laws.

Legal requirements in United States

Under United States law, your 90 Day Employment Contract must comply with federal labor standards and state-specific employment regulations. The Fair Labor Standards Act mandates proper classification of employees versus independent contractors, accurate timekeeping, and appropriate overtime compensation for non-exempt workers. You must verify employment eligibility through I-9 documentation as required by the Immigration Reform and Control Act. The contract should acknowledge Americans with Disabilities Act obligations regarding reasonable accommodations and anti-discrimination protections. State laws may impose additional requirements regarding final paycheck timing, meal and rest breaks, and termination procedures. Some states have specific notice requirements for temporary employment arrangements, and certain jurisdictions limit the enforceability of restrictive covenants in short-term contracts. Always consult local employment counsel to ensure your contract meets jurisdiction-specific requirements and industry standards.