Contract for Employment

EMPLOYMENT AGREEMENT

This Agreement made and entered into this __(1)__ day of _________(2)_________, 19__(3)_, by and between ______(4)_______, of ________(5)__________, hereinafter referred to as "employer", and ______(6)___________, of _________(7)____________, hereinafter referred to as "employee".

The parties recite that:

A. Employer is engaged in _________(8)___________ and maintains business premises at _________(9)_____________.

B. Employee is willing to be employed by employer, and employer is willing to employ employee, on the terms and conditions hereinafter set forth.

For the reasons set forth above, and in consideration of the mutual covenants and promises of the parties hereto, employer and employee covenant and agree as follows:

1.AGREEMENT TO EMPLOY AND BE EMPLOYED

Employer hereby employs employee as _______(10)________ at the above-mentioned premises, and employee hereby accepts and agrees to such employment.

2. DESCRIPTION OF EMPLOYEE'S DUTIES

Subject to the supervision and pursuant to the orders, advice, and direction of employer, employee shall perform such duties as are customarily performed by one holding such position in other businesses or enterprises of the same or similar nature as that engaged in by employer. Employee shall additionally render such other and unrelated services and duties as may be assigned to him from time to time by employer.

3. MANNER OF PERFORMANCE OF EMPLOYEE'S DUTIES

Employee shall at all times faithfully, industriously, and to the best of his ability, experience, and talent, perform all duties that may be required of and from him pursuant to the express and implicit terms hereof, to the reasonable satisfaction of employer. Such duties shall be rendered at the abovementioned premises and at such other place or places as employer shall in good faith require or as the interests, needs, business, and opportunities of employer

shall require or make advisable.

4. DURATION OF EMPLOYMENT

The term of employment shall be __(11)__ years, commencing on _______(12)________, 19__(13)_, and terminating _______(14)________, 19__(15)_, subject, however, to prior termination as provided in Sections 8 and 9 hereof.

5. COMPENSATION; REIMBURSEMENT

Employer shall pay employee and employee agrees to accept from employer, in full payment for employee's services hereunder, compensation at the rate of ____(16)______ Dollars ($________) per annum, payable ____(17)____. In addition to the foregoing, employer

will reimburse employee for any and all necessary, customary, and usual expenses incurred by him while traveling for and on behalf of the employer pursuant to employer's directions.

6. EMPLOYEE'S LOYALTY TO EMPLOYER'S INTERESTS

Employee shall devote all of his time, attention, knowledge, and skill solely and exclusively to the business and interests of employer, and employer shall be entitled to all benefits, emoluments, profits, or other issues arising from or incident to any and all work, services, and advice of employee. Employee expressly agrees that during the term hereof he will not be interested, directly or indirectly, in any form, fashion, or manner, as partner, officer, director, stockholder, advisor, employee, or in any other form or capacity, in any other business

similar to employer's business or any allied trade, except that nothing herein contained shall be deemed to prevent or limit the right of employee to invest any of his surplus funds in the capital

stock or other securities of any corporation whose stock or securities are publicly owned or are regularly traded on any public exchange, nor shall anything herein contained by deemed to prevent employee from investing or limit employee's right to invest his surplus funds in real estate.

7. NONDISCLOSURE OF INFORMATION CONCERNING BUSINESS

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 corporation in any manner

whatsoever any information of any kind, nature, or description concerning any matters affecting or relating to the business of employer, including, without limitation, the names of any 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 employer, its manner of operation, or its plans,

processes, or other date of any kind, nature, or description without regard to whether any or all of the foregoing matters would be deemed confidential, material, or important.

The parties hereby stipulate that, as between them, the foregoing matters are important, material, and confidential, and gravely affect the effective and successful conduct of the business of employer, and its good will, and that any breach of the terms of this section is a material breach of this agreement.

8. OPTION TO TERMINATE ON PERMANENT DISABILITY OF EMPLOYEE

Notwithstanding anything in this agreement to the contrary, employer is hereby given the option to terminate this agreement in the event that during the term hereof employee shall become permanently disabled, as the term "permanently disabled" is hereinafter fixed and defined. Such option shall be exercised by employer giving notice to employee by registered mail, addressed to him in care of employer at the above stated address, or at such other address as employee shall designate in writing, of its intention to terminate this agreement on the last day of the month during which such notice is mailed. On the giving of such notice this agreement and the term hereof shall cease and come to an end on the last day of the month in which the notice is mailed, with the same force and effect as if such last day of the month were the date originally set forth as the termination date. For purposes of this agreement, employee shall be deemed to have become permanently disabled if, during any year of the term hereof, because of ill health, physical or mental disability, or for other causes beyond his control, he shall have been continuously unable or unwilling or have failed to perform his duties hereunder for thirty (30)

consecutive days, or if, during any year of the term hereof, he shall have been unable or unwilling or have failed to perform his duties for a total period of thirty (30) days, whether consecutive or not. For the purposes hereof, the term "any year of the term hereof" is defined to mean any period of 12 calendar months commencing on the first day of _____(18)______ and terminating on the last day of ____(19)_____ of the following year during the term hereof.

9. DISCONTINUANCE OF BUSINESS AS TERMINATION OF EMPLOYMENT

Anything herein contained to the contrary notwithstanding, in the event that employer shall discontinue operations at the premises mentioned above, then this agreement shall cease and terminate as of the last day of the month in which operations cease with the same force and effect as if such last day of the month were originally set forth as the termination date hereof.

10. EMPLOYEE'S COMMITMENTS BINDING

ON EMPLOYER ONLY ON WRITTEN CONSENT

Employee shall not have the right to make any contracts or other commitments for or on behalf of employer within the written consent of employer.

11. CONTRACT TERMS TO BE EXCLUSIVE

This written agreement contains the sole and entire agreement between the parties, and supersedes any and all other agreements between them. The parties acknowledge and agree that neither of them has made any representation with respect to the subject matter of this agreement or any representations inducing the execution and delivery hereof except such representations as are specifically set forth herein, and each party acknowledges that he or it has relied on his or its own judgment in entering into the agreement. The parties further acknowledge that any statements or representations that may have heretofore been made by either of them to the other are void and of no effect and that neither of them has relied thereon in connection with his or its dealings with the other.

12. WAIVER OR MODIFICATION INEFFECTIVE UNLESS IN WRITING

No waiver or modification of this agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged

therewith. Furthermore, no evidence of any waiver or modification shall be offered or received in evidence in any proceeding, arbitration, or litigation between the parties arising out of or affecting this agreement, or the rights or obligations of any party hereunder, unless such waiver or modification is in writing, duly executed as aforesaid. The provisions of this paragraph may not be waived except as herein set forth.

13. CONTRACT GOVERNED BY LAW

This agreement and performance hereunder and all suits and special proceedings hereunder shall be construed in accordance with the laws of the State of _______(20)_______.

14. BINDING EFFECT OF AGREEMENT

This agreement shall be binding on and inure to the benefit of the respective parties and their respective heirs, legal representatives, successors, and assigns.

Executed on the date first above written.

"Employer"

____________(21)_______________

"Employee"

____________(22)_______________

Legal Resources

Advice on working with an attorney

Many people assume an attorney is all-powerful or can work some kind of legal magic, just by dint of being an attorney. The reality is quite different. Look in your own line of work, and what do you see? People of differing abilities and work ethics, for one thing. And how many problems come up that even your best people have difficulty solving? How many projects go bad?

An attorney is just another person working in a specific field. It happens to be law. That is, some area of law. An attorney who doesn't have significant experience and/or training in the area of law that concerns you probably isn't going to do as well as one who does. There are so many "gotchas" in law, it borders on the absurd.

Your attorney isn't your buddy. Your attorney is a contractor you pay, and pay well. Usually by the hour. Don't waste your attorney's time with complaining or by seeking explanations of things you can look up on your own.

Your attorney's success is contingent upon such factors as:

• Your accuracy. Don't guess at the answers your attorney needs. Look things up. If your attorney asks how much you made last year, for example, produce your tax return rather than flip a number off the top of your head.
• How honest you are. Lying to your attorney is generally a dumb approach. It can get your attorney into trouble and is likely to undermine your case.
• How open you are. Hiding information from your attorney, even if you think it's irrelevant can easily result in a courtroom surprise that destroys any chance of winning your case.
• Your ability to stay out of trouble. Getting arrested, even on some unrelated charge, while your case is pending makes extra trouble for your attorney to handle.
• How well you articulate your side of the story. You don't need to be a polished speaker, but you do need to be concise and direct.

Don't:

• Make statements about the other person's motivations. Your attorney can't prove such allegations, so they are worthless.
• Produce forged documentation for your attorney to use. This creates a landmine that can not only blow up your case, but result in (further) criminal charges.
• Do or say anything that wastes your attorney's time.
• Yell at your attorney.
• Make disparaging remarks about the other side's attorney or anyone else involved in the case.
• Call your attorney for daily progress reports. This just wastes time.
• Text your attorney, unless told this is OK.
• Send your attorney long e-mails.
• Send your attorney paper, unless told this is preferable. Paper must be scanned and then shredded, creating extra work.

Do:

• Outline what you think the other person's viewpoint is. This will help you understand the whole case, and will show your attorney you seek this understanding.
• Provide any evidence you can locate or produce. This includes e-mails, photos, and receipts. Ask your attorney what evidence will help your case, and see about getting it.
• Think about how you can save your attorney time. Offer to do research, for example. "How about if I check that out for you?" Keep any reports to the attorney accurate and objective.
•  Treat your attorney with respect at all times.
• Behave in a professional manner. How you behave will affect how others perceive you, and that does affect the outcome of your case.
• If you have the OK to text your attorney, do this only rarely and when there is a good reason for it.
• E-mail your attorney with status updates or requests for information.
• Keep e-mail messages brief and limited to that which is most important and/or urgent.
• Convert paper to PDF and e-mail necessary documents to your attorney.

Need to do legal research? We have the perfect tool:

The WizCom Infoscan Elite Scanning Pen is perfect for taking notes in a law library or other information repository.

Instead of feeding coins to a copy machine, dragging your laptop around, or going nuts trying to key in your hastily-scrawled hand-written copy of source material, just use this note-taking pen to pick up the material directly and store it in the pen. Then transfer to your PC later when you're back at home base.

The Infoscan TS Elite scanning pen makes digital note-taking as easy as using a standard highlighter.