From The EDD Lawyer: Sample Employee Agreement

Employment Agreement

THIS AGREEMENT dated January ____________, 2013, by and between:

*Traif Meat Wholesalers, Inc.*

a California corporation (hereinafter referred to as “Employer”) and

Ganz A. Tzuris

(hereinafter referred to as “Employee”).

1. Employment: The Employer hereby employs the Employee and the Employee hereby accepts employment upon the terms and conditions hereinafter set forth.

2. Term: The term of this Employment Agreement shall be for the period beginning January 1, 2013 and ending December 31, 2013. Said employment may be terminated by either party upon giving of thirty (30) days written notice. In the event a new Employment Agreement is not entered into between the parties on or before December 31, 2013, this agreement shall continue on a month to month basis until a new Agreement is entered into or the parties terminate their relationship pursuant to this Agreement.

3. Duties: Employer hereby employs Employee as its President. In addition, Employee shall also be responsible for client development of the Corporation. During the period of this Agreement, Employee shall serve also without additional compensation in such other offices of the Employer to which he may be elected or appointed by the Board of Directors.

4. Compensation: Employer agrees to pay Employee during the term of this Agreement:

A. A salary of $____________ per month, payable as, if and when funds are available.
B. Bonuses payable from time to time at the end of the Employer’s fiscal year in such amounts as may be determined by the Board of Directors;
C. Employee shall receive such additional compensation and shall participate in such other “fringe benefits” as are deemed appropriate by the Board of Directors.

5. Employee’s Services: During Employee’s employment, he shall work full time for the Corporation and shall do such other activities as the Board of Directors, from time to time, shall designate.

6. Vacation: Employee shall be entitled in every fiscal year to time off for vacation, without carry over of unused leave, of three (3) weeks per year.

7. Reimbursement for Expenses: During the period of his employment, Employee shall incur and pay in the course of his employment with Employer certain expenses as President for which Employer shall not be obligated to reimburse or to otherwise compensate him.

Employer will reimburse Employee for all entertainment, education, promotional expenses, travel and convention expenses and for all other items of reasonable expenses incurred by Employee in the interest of his employment with Employer.

8. Automobile Use: The Employee may be entitled to the use of an Employer-owned vehicle, primarily for business purposes. When necessary or convenient, the Employee may, from time to time, make personal use of such a vehicle provided as follows:

A. To the extent of such personal use, the Employee is deemed to have received additional compensation at the standard mileage rate as set forth from time to time by the Internal Revenue Service for computing automobile expenses under Section 162 of the Internal Revenue Code of 1986, as amended, and regulations thereunder. This amount will be computed at the close of each calendar year and included in the Employee’s income as a bonus.
B. As an alternative, the Employee may elect by written notice to reimburse the Employer for such amount.

9. Termination of Employee:

A. Voluntary Termination of Employee – Withdrawal or termination of Employee from Employer shall be effected by said Employee giving thirty (30) days’ written notice of his said withdrawal or termination.
B. Death – In the event of the death of Employee, any amounts due him to the date of death, as computed pursuant to paragraph 4 hereof, shall be paid to the executors, administrators, heirs, successors, assigns, and their successors in interest as determined by the attorneys for Employer.

10. Restrictive Covenant: Except as provided in paragraph 5. hereof, during the term of this Agreement, Employee shall devote his best efforts and his entire time to advance the interests of the Employer, and he shall not, directly or as an officer, director or stockholder of any other corporation, be engaged in or concerned with any other duties or pursuits without the express written consent of the Board of Directors.

11. Notice: Any notice required to be given pursuant to the provisions of this Agreement shall be in writing and by registered mail and mailed to the parties at the following addresses:

12. Assignment: This Agreement shall inure to the benefit of and shall be binding upon the Employer, its successors or assigns.

1358. Gender and Number: Whenever the context of this Agreement requires, the masculine gender includes the feminine, and the singular number includes the plural.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date first above written.