An At Will Executive Employment Agreement is between an employer and an executive
which establishes that either party can end the employment relationship at anytime
without advance notice. The employment relationship can end at any time, for any
reason permitted by law, with or without cause, and with or without notice. This
agreement is ideal for small businesses and other entities that want to establish “at will”
employment with their executives.
At-Will Executive Employment Agreement
THIS AT-WILL EXECUTIVE EMPLOYMENT AGREEMENT (this “Agreement”) is made
and entered into as of the _________ day of ____________, ______ (the “Effective Date”) by
and between ____________________ (“Employer” or “Company”) and ___________________
(“Executive”).
Recitals
WHEREAS, Employer wishes to hire Executive on the terms and conditions of this Agreement;
WHEREAS, Executive wishes to work for Employer as provided on terms and conditions of
this Agreement;
NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other
good and valuable consideration as set forth herein, Employer and Executive hereby agree as
follows:
1. DESCRIPTION OF DUTIES
A. Name of Position. Executive shall be employed in the capacity of
___________________________________.
B. Essential Job Functions and Duties. The essential job functions or duties of this
position are as follows: _____________________ [DESCRIBE ESSENTIAL JOB
FUNCTIONS].
C. Duty of Loyalty and Best Efforts. Executive shall devote Executive's best efforts and
substantially all of Executive's working time to performing the duties on behalf of
Employer.
2. COMPENSATION
A. Base Compensation. Executive shall receive a salary of __________ ($____) dollars
per month payable in equal installments on the _______ of each month, payable in
equal installments in accordance with the ordinary and customary payroll practices of
the Employer. Employer shall deduct or withhold from compensation any and all
sums required for Federal income and Social Security taxes, as well as all state or
local taxes.
B. Commission. As additional compensation for services to be rendered under this
Agreement, Executive shall be entitled to a commission income on the following
basis: _____________________________________________. [State basis of
commissions].
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C. Incentive Compensation. As additional compensation to provide incentives for
Executive to extend his or her best efforts to work to increase the profits of Company,
Executive shall be eligible to receive incentive compensation in accordance with the
terms and conditions of Company's Senior Executive Incentive Compensation Plan
(the “Plan”), as the Plan has been established by Company and as it may be revised
from time to time. A copy of the Plan shall be delivered to Executive along with this
Agreement and a copy of any revisions shall be provided to Executive when such
revisions become effective. Executive shall have_______________ participation
points in the Plan. Executive's participation in the Plan and the number of participant
points are subject to revision or adjustment by the Compensation Committee of
Company's Board of Directors at the Committee's discretion.
D. Expense Reimbursement. Executive shall be entitled to reimbursement of any or all
reasonable expenses authorized and reasonably incurred expenses incurred in the
performance of his/her duties under this Agreement, subject to reasonable expense
reimbursement policies as may be instituted from time to time by Employer. To
receive reimbursement, Executive shall timely provide Employer with an itemized
account of all expenditures and receipts.
E. Salary Adjustments. Employer may at times adjust salaries depending on overall
company performance, performance of Executive and other competitive factors.
F. Exclusive Service. Executive agrees that, while employed by Company, Executive’s
entire time and best efforts will be devoted to the performance of the duties specified
hereunder, it being understood that Company shall be entitled to and Executive
agrees to give exclusive service to Company. Executive specifically agrees, while
employed by Company, not to participate in the organization or operation of any
competing business and to promptly disclose to Company any plans which Executive
may have to engage in any competitive business.
3. BENEFITS
A. Insurance. To the extent offered and maintained by Company, Executive shall be
entitled to participate in Company's medical and dental plans, life and disability
insurance plans and retirement plans pursuant to their terms and conditions.
Executive shall be entitled to participate in any other benefit plan offered by
Company to its employees during the term of this Agreement, other than stock
option or stock incentive plans. Nothing in this Agreement shall be construed as
requiring Company or any affiliate of Company to offer or maintain any particular
employee benefit plan or program or preclude Company from terminating same
from time to time.
B. Vacation. Executive shall be entitled to ( ) weeks of
vacation each year of full employment, exclusive of legal holidays, as long as the
scheduling of Executive's vacation does not interfere with Company's normal
business operations.
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