This document sets forth an employment agreement between a company and an
individual that the company will employ as a supervisor. This document sets forth the
terms of employment such as the nature and extent of employee's supervisory duties,
compensation, and vacation and leave policy. As drafted, the agreement contains a
mandatory arbitration provision and also contains restrictive covenants whereby the
employee, among other things, agrees not to disclose certain customer information and
not to disclose certain company information.
Employment Agreement with Supervisor
Employment Agreement made on the (date), between (Name of Employee) of (street
address, city, state, zip code), referred to herein as Employee, and (Name of Company), a
Company organized and existing under the laws of the state of (name of state), with its principal
office located at (street address, city, state, zip code), referred to herein as the Company.
For and in consideration of the mutual covenants contained in this Agreement, and other
good and valuable consideration, the parties agree as follows:
I. Employment and Duties. The Company hereby employs Employee as Supervisor of
the (name) department of the business of the Company at its place of business identified above,
for the period of (number) years, commencing (date), subject to the general control of the
II. Compensation. The Company shall pay to the Employee the sum of $______________
per (e.g. week or month) (less required deductions for Social Security and withholding tax and
any voluntary deductions) as compensation for his services.
III. Term. The term of this Agreement shall be (number) years beginning (date), and
ending (date); but subsequently shall automatically continue from week to week unless either
party gives written notice to the other party that it shall expire on that date. However, either party
may terminate this Agreement at any time by written notice to the other party.
IV. Supervisory Duties. The Employee shall, subject to the control of the Company, take
entire charge of the (name of) department of the business of the Company, exercise supervision
over the whole of that department, employ such help as may be necessary and desirable, serve
the Company diligently and according to his best abilities in all respects, and generally do all
things for the best interests of the Company that are usually done by persons occupying a
position as supervisor of such a department.
V. Hospital Insurance. The Company shall pay for hospitalization insurance for the
Employee with such insurance company and such coverage as the Company from time to time
chooses. The Employee shall have the right to add his spouse and minor children to the policy
coverage by paying the additional premium for them and satisfying any other conditions of the
Vl. Restrictive Covenants
A. Customers. The Employee will not at any time, either directly or indirectly, make
known or divulge to any person, firm or Company the names or addresses of any of the
customers of the Company at the time the Employee entered the employ of the
Company or with whom the Employee became acquainted after entering the employ of
the Company. Furthermore, the Employee will not, during the period of one year
immediately after termination of employment, directly or indirectly, either for herself or for
any other person, firm, or Company, call upon, solicit, divert, or take away or attempt to
solicit, divert, or take away any of the customers or patrons of the Company upon whom
the Employee called, whom she solicited, to whom she catered, or with whom
she became acquainted during her employment with the Company.
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B. Information. The Employee will not at any time, in any fashion, form, or manner,
either directly or indirectly, divulge, disclose, or communicate to any person, firm, or
Company in any manner whatsoever any information of any kind, nature, or description
concerning any matters affecting or relating to the business of the Company, including,
but not limited to, the names of any of its customers, the prices it obtains or has obtained
or at which it sells or has sold its products, or any other information concerning the
business of the Company, its manner of operation, or its plans, processes, or other data
of any kind, nature, or description, without regard to whether any or all of the above
matters would be deemed confidential, material, or important.
C. Records. All books, records, reports, accounts, and documents relating in any
manner to the Company's business or customers, whether prepared by the Employee or
otherwise coming into Employee's possession, shall be the exclusive property of the
Company and shall be returned immediately to the Company on termination of
employment or on the Company's request at any time.
D. Breach. The parties stipulate that, as between them, each of the above matters
are important, material, and confidential, and gravely affect the effective and successful
conduct of the business of the Company, and its goodwill, and that any breach of the
terms of this Section is a material breach of this Agreement, from which the Employee
may be enjoined and for which the Employee shall also pay to the Company all
damages (including but not limited to compensatory, incidental, consequential, and lost
profits damages), which arise from the breach, together with interest, costs, and
attorneys' fees to collect such damages.
VII. Severability. The invalidity of any portion of this Agreement will not and shall not be
deemed to affect the validity of any other provision. If any provision of this Agreement is held to
be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and
effect as if they had been executed by both parties subsequent to the expungement of the
VIII. No Waiver. The failure of either party to this Agreement to insist upon the performance
of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the
terms and conditions of this Agreement, shall not be construed as subsequently waiving any
such terms and conditions, but the same shall continue and remain in full force and effect as if
no such forbearance or waiver had occurred.
IX. Governing Law. This Agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of (name of state).
X. Notices. Unless provided herein to the contrary, any notice provided for or concerning
this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified
or registered mail if sent to the respective address of each party as set forth at the beginning of
XI. Attorneyâ€™s Fees. In the event that any lawsuit is filed in relation to this Agreement, the
unsuccessful party in the action shall pay to the successful party, in addition to all the sums that
either party may be called on to pay, a reasonable sum for the successful party's attorney fees.
XII. Mandatory Arbitration. Notwithstanding the foregoing, and anything herein to the
contrary, any dispute under this Agreement shall be required to be resolved by binding
arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall
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select one arbitrator and both arbitrators shall then select a third. The third arbitrator so
selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the
American Arbitration Association then in force and effect.
XIII Entire Agreement. This Agreement shall constitute the entire agreement between the
parties and any prior understanding or representation of any kind preceding the date of this
Agreement shall not be binding upon either party except to the extent incorporated in this
XIV. Modification of Agreement. Any modification of this Agreement or additional obligation
assumed by either party in connection with this Agreement shall be binding only if placed in
writing and signed by each party or an authorized representative of each party.
XV. Assignment of Rights. The rights of each party under this Agreement are personal to
that party and may not be assigned or transferred to any other person, firm, Company, or other
entity without the prior, express, and written consent of the other party.
XVI. Compliance with Laws. In performing under this Agreement, all applicable
governmental laws, regulations, orders, and other rules of duly-constituted authority will be
followed and complied with in all respects by both parties.
XVII. Vacations, Holidays, Personal Days and Leaves of Absence
A. Holidays and Personal Days.
1. The Employee will be entitled to (number) paid holidays each year
plus (number) personal days. The Company will notify the Employee as much in
advance as practical with respect to the holiday schedule. The holidays which
are generally observed by the Company are as follows: New Year's Day,
Washington's Birthday, Good Friday, Memorial Day, Independence Day, Labor
Day, Columbus Day, Thanksgiving Day, the Friday following Thanksgiving, and
Christmas Day. Additional holidays may be allowed in connection with holidays
which fall on weekends.
2. The personal days are to be scheduled in advance to the mutual
convenience of the Employee and the Company. Such personal days must be
taken during the calendar year and cannot be carried forward into the next year.
3. The Employee will not be entitled to any personal days unless the
Employee has been employed for a period of (period of time) during the calendar
year. If the Employee has been employed for less than the required time, the
Company may, in its own discretion, allow the Employee a reduced number of
1. The Employee will be entitled to vacations after the first (number)
months of employment with the Company. As of (month and day) of any year the
Employee is eligible for vacation as follows:
Length of Service Days of Vacation
ï‚· Six months but less than one year 2 days
ï‚· One year but less than two years 5 days
ï‚· Two years but less than five years 10 days
ï‚· Five years but less than ten years 15 days
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ï‚· Ten years or more 20 days
2. Vacation pay is based upon normal pay for a (number)-hour work week
without consideration for bonuses or other supplemental compensation.
C. Leaves of Absence.
1. Sickness. The Employee is allowed (number) sick days per year. Sick days are
not cumulative and may not be carried from year to year.
2. Maternity Leave. Maternity leave is treated as any other short term disability.
This means that the Employee will be paid in the same manner as if the Employee were
ill or otherwise disabled.
3. Emergency Leave. If a member of the Employee's immediate family dies or
becomes critically ill, the Employee will be allowed up to (number) days of leave with
pay. Additional time may be granted, without pay, upon approval of the Company.
4. If anything in this Section violates the Family Medical Leave Act, said Act will
control notwithstanding anything herein.
WITNESS our signatures as of the day and date first above stated.
(Name of Company)
(Printed Name of Employee) (Printed Name & Office in Company)
(Signature of Employee) (Signature of Officer)
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