An employment contract (also called an employment agreement) is a signed document that sets out the terms of a job in more detail than an offer letter: duties, pay, how long the job lasts, how either side can end it, and what happens to confidential information and work product. Employers use one for senior hires, fixed-term roles, or any job where those details really matter. This employment contract template is free in Word and PDF, written in plain English, and balanced so an employee can sign it without feeling ambushed.
When do you need an employment contract?
You need one when a simple offer letter won’t hold everything you’ve agreed. Common cases are a fixed-term role (say, a 12-month project manager position), a job with a notice period on both sides, a senior hire who’ll see sensitive client data, or anyone creating work you need to own, like software or designs.
For a hypothetical example: a small architecture firm hiring its first office manager on a normal open-ended basis probably only needs an offer letter. The same firm hiring a senior designer for an 18-month contract with a two-month notice period needs this agreement.
If the person will set their own hours, use their own tools and invoice you, you may be looking at a contractor rather than an employee. The IRS looks at behavioral control, financial control and the type of relationship, not at what the paperwork calls the person. In that case start with the independent contractor agreement template and read its classification section.
What should an employment contract include?
Our template has twelve short sections. Here’s what each one does.
Parties and start date. Who the employer and employee are, and when the job begins.
Position and duties. Title, manager, location, and a line allowing reasonable changes to duties. Without that line, every small change to a job becomes a contract question.
Term. This is the big choice. You tick either at-will (no set period, either side can end it) or a fixed term with an end date. Pick one. Contracts that say “at-will” in one paragraph and promise two years in another are how disputes start.
Pay and benefits. Salary or hourly rate, pay schedule, exempt or non-exempt status, and a pointer to benefit plan documents.
Hours, time off and expenses. The normal schedule, paid time off, and how business expenses get reimbursed.
Confidentiality. The employee agrees not to share the employer’s confidential information, during or after the job. It includes a carve-out so the clause doesn’t stop anyone from reporting possible legal violations to a government agency or discussing their own pay and working conditions where the law protects that. It also carries the whistleblower immunity notice from the Defend Trade Secrets Act (18 U.S.C. 1833(b)), which says someone can’t be held liable under trade secret law for disclosing a trade secret in confidence to a government official or an attorney to report a suspected violation of law, or in a court filing made under seal. The statute says an employer that leaves this notice out of an agreement covering confidential information can’t win exemplary damages or attorney fees under it against that employee.
Work product. Work the employee creates as part of the job belongs to the employer. The clause is deliberately limited to job-related work, rather than claiming everything the employee makes on their own time, because a grab that wide is unfair and may not hold up.
Ending the agreement. Notice periods for each side, what “cause” means if you’ve picked a fixed term, and final pay.
Boilerplate. Entire agreement, changes in writing, governing law, severability, notices, and electronic signatures.
Why doesn’t the template include a non-compete?
On purpose. Whether a non-compete can be enforced depends heavily on the state and the job, and the rules keep changing. A clause that looks universal in a template is exactly the kind of trap we don’t want to hand you. If you need one, have a lawyer draft it for the state where the employee works.
What should you check for your state?
Start with at-will rules. The Legal Information Institute describes at-will employment as an arrangement where there’s no set period of employment, with state exceptions for public policy, implied contracts and, in some states, good faith. Montana is the clearest outlier: its wrongful discharge law says firing someone without good cause after they’ve completed the employer’s probationary period is wrongful. The Department of Labor also notes that, outside discrimination, whistleblower and similar protections, a termination is governed by any private contract between employer and employee. In plain terms: what you write in this contract about ending the job really matters.
Then check your state’s rules on final paychecks, required notices to new hires, and any limits on restrictive clauses. Your state labor department’s website is the place to start.
How do you fill in an employment contract and get it signed?
- Choose at-will or fixed term first, then fill in the matching section and delete the other.
- Fill in every bracket. If a section doesn’t apply, write “None” rather than deleting the heading.
- Give the employee time to read it. A day or two is reasonable for a document this long.
- Have the employee sign first, then the employer countersigns, so the employer only commits to the version the employee accepted.
- Give the employee a copy of the fully signed agreement.
E-signing is a normal way to do this. The ESIGN Act says a contract can’t be denied legal effect solely because it was signed electronically; our piece on whether electronic signatures are legally binding goes into more depth. Download it, fill in the blanks, and send it for e-signature with any tool you like. (We’re building SignWren for exactly this; join the waitlist.)
This page is general information, not legal advice. For a specific contract or dispute, talk to an employment lawyer licensed where you are.
Template from signwren.com. General information, not legal advice. Check your state's rules and adapt it before you use it.
EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is made on [date] between:
Employer: [Employer's full legal business name], a [state] [type of entity, e.g. LLC or corporation], with its main office at [address] ("the Employer")
Employee: [Employee's full legal name], of [address] ("the Employee")
1. Start date
The Employee's employment under this Agreement begins on [start date].
2. Position and duties
The Employee is employed as [job title], reporting to [manager's title]. The Employee will perform the duties described in the attached job description and other reasonable duties that fit the role. The Employer may reasonably change the Employee's duties, title or manager as business needs change, as long as the change doesn't reduce the Employee's pay under Section 4 without the Employee's written agreement.
Work location: ☐ On-site at [address] ☐ Remote ☐ Hybrid: [describe]
3. Term (choose one and delete the other)
☐ At-will. There is no set period of employment. Either party may end the employment at any time, with or without cause, by giving the notice in Section 9 where it applies. Nothing else in this Agreement changes this, and it can only be changed by a written agreement signed by both parties.
☐ Fixed term. The employment starts on the start date and ends on [end date], unless ended earlier under Section 9 or extended by written agreement signed by both parties. If the Employee keeps working after the end date without a written extension, the employment continues on an at-will basis on the same terms.
Note: at-will rules differ by state. Montana, for example, limits at-will termination after a probationary period. Adapt this section for your state.
4. Pay
- Base pay: [$ amount] per ☐ year ☐ hour
- Paid: ☐ Weekly ☐ Every two weeks ☐ Twice a month ☐ Monthly, on the Employer's regular payday
- Overtime status: ☐ Exempt ☐ Non-exempt (paid overtime as required by law)
- Bonus or commission (if any): [describe, or "None"]
All pay is subject to required tax withholdings and deductions the Employee authorizes in writing. The Employer will review pay at least [once a year / other], but a review doesn't guarantee an increase.
5. Benefits
The Employee may take part in the Employer's benefit plans on the same terms as other employees in similar roles, subject to each plan's eligibility rules. Current benefits: [list, e.g. health insurance, retirement plan]. The plan documents control if they differ from this summary. The Employer may change its plans for all similarly situated employees.
6. Hours, time off and expenses
- Normal hours: [days and hours per week]
- Paid time off: [number] days per year, used and carried over under the Employer's written policy
- Holidays: [list or "as set out in the employee handbook"]
- Expenses: The Employer will reimburse reasonable, pre-approved business expenses when the Employee submits receipts under the Employer's expense policy.
7. Confidential information
"Confidential information" means non-public information about the Employer's business, customers, finances, pricing, methods, and systems that the Employee learns because of the job. It does not include information that is public through no fault of the Employee, or that the Employee already knew lawfully before the job.
During and after employment, the Employee will not use or share confidential information except as needed to do the job. When the employment ends, the Employee will return or delete the Employer's confidential information and property.
Nothing in this Agreement stops the Employee from reporting a possible violation of law to a government agency, taking part in a government investigation, or discussing wages, hours or working conditions where the law protects that.
Whistleblower immunity notice. Under 18 U.S.C. 1833(b), an individual will not be held criminally or civilly liable under any federal or state trade secret law for disclosing a trade secret that is made (a) in confidence to a federal, state or local government official, directly or indirectly, or to an attorney, solely for the purpose of reporting or investigating a suspected violation of law, or (b) in a complaint or other document filed in a lawsuit or other proceeding, if that filing is made under seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to their attorney and use it in the court proceeding, if they file any document containing the trade secret under seal and do not disclose it except under court order.
8. Work product
Work the Employee creates within the scope of the job, using the Employer's time, equipment or confidential information, belongs to the Employer. The Employee will sign reasonable documents needed to confirm the Employer's ownership. This section does not cover things the Employee creates entirely on their own time, without the Employer's equipment or confidential information, that don't relate to the Employer's business.
Prior work the Employee keeps: [list, or "None"]
9. Ending employment
Notice. The Employee agrees to give [number] weeks' written notice of resignation. ☐ The Employer agrees to give [number] weeks' written notice, or pay instead of notice, except when ending the employment for cause. ☐ No notice from the Employer is promised (at-will only).
For cause (fixed term). If Section 3 is a fixed term, the Employer may end the employment early only for cause or by paying [describe, e.g. base pay for the remaining term or (number) weeks' pay]. "Cause" means: serious misconduct; a material breach of this Agreement or written policy that isn't fixed within [number] days after written notice (where it can be fixed); dishonesty or fraud against the Employer; or conduct that violates the law in connection with the job.
Final pay. The Employer will pay all earned wages and any accrued, unused paid time off required by law or policy, within the time required by state law.
10. Notices
Notices under this Agreement must be in writing and sent to the addresses above (or to an email address a party has designated in writing). A notice is received when delivered in person, on the date shown on an email delivery or read receipt, or three business days after mailing.
11. General terms
- Entire agreement. This Agreement, with its attachments, is the complete agreement about the employment and replaces earlier discussions, offer letters and promises about the same subject.
- Changes. Any change must be in writing and signed by both parties.
- Governing law. This Agreement is governed by the laws of the State of [State].
- Severability. If any part of this Agreement is found unenforceable, the rest stays in effect, and the unenforceable part will be limited only as much as needed.
- No waiver. Not enforcing a term once doesn't give up the right to enforce it later.
- Employer policies. The Employee will follow the Employer's written policies. If a policy conflicts with this Agreement, this Agreement controls.
12. Counterparts and electronic signatures
The parties agree this agreement may be signed electronically and in counterparts, and an electronic signature has the same effect as a handwritten one.
Attachments: [e.g. job description, benefits summary, or "None"]
Signatures
Employee
Signature: ______________________________
Name: [full name]
Date: [date]
Employer
Signature: ______________________________
Name: [full name]
Date: [date]