The formation of the relationship of employer and employee by written agreement is generally determined by the usual principles governing the formation of all contracts. The basic elements of any enforceable contract are as follows:
" an agreement;
" between competent parties;
" based upon the genuine assent of the parties;
" supported by consideration;
" made for a lawful objective; and
" in the form required by law.
Alaska Checklist — Employment Agreements: Understanding the Essentials When it comes to drafting and reviewing employment agreements in Alaska, it is crucial to be thorough and knowledgeable. These agreements establish the rights and obligations of both employers and employees, ensuring clarity and fairness in the workplace. This detailed checklist will help employers navigate the complexities of Alaska employment laws and cover all essential aspects when creating an employment agreement. 1. Employee Information: Gather and verify pertinent details about the employee, such as full name, address, social security number, and contact information. This information is crucial for proper identification and communication. 2. Job Description and Duties: Clearly outline the employee's position, including the job title, responsibilities, and reporting structure. This section provides clarity and sets expectations regarding the employee's role within the organization. 3. Compensation and Benefits: Specify the employee's salary, frequency of payment, and any other applicable benefits, such as health insurance, retirement plans, bonuses, or commissions. Ensure compliance with Alaska's minimum wage regulations and grasp a comprehensive understanding of applicable benefits offered under state or federal laws. 4. Employment Status: Specify whether the employee is classified as full-time, part-time, temporary, or seasonal, as this affects their entitlement to certain benefits, leaves, or other employment-related rights. 5. Period of Employment: Define the employment period as either indefinite or specify precise start and end dates if the employment arrangement is for a fixed term. 6. Work Hours and Overtime: Establish the standard working hours, days of the week, and any provisions regarding shift work or flexibility. Additionally, outline the overtime policy and applicable rates in accordance with Alaska's overtime laws. 7. Leave and Holidays: Outline the employee's entitlement to leave, including vacation, sick leave, bereavement leave, and any other statutory or company-specific leave policies. Identify recognized public holidays and how they will be observed. 8. Confidentiality and Non-Disclosure: Protect confidential business information by including clauses that restrict employees from disclosing trade secrets, proprietary data, or sensitive company information. Specify the consequences of breaching these obligations. 9. Non-Compete and Non-Solicitation: If applicable to your industry, include provisions that prevent employees from joining competitors or soliciting clients, customers, or other employees after leaving employment. Ensure compliance with Alaska's statutes regarding the enforceability of non-compete agreements. 10. Termination and Severance: Define the grounds for termination, both for cause and without cause, and the notice period required. Include provisions related to severance pay, if applicable, and any obligations following termination. Types of Alaska Checklist — Employment Agreements: a. Full-Time Permanent Employment Agreement: This agreement is suitable for establishing a long-term employment relationship with full-time employees. b. Part-Time or Temporary Employment Agreement: Designed for employees engaged on a part-time or temporary basis, this agreement defines specific terms and conditions applicable to such arrangements. c. Professional Services Agreement: It may be necessary to draft a specific agreement for independent contractors or consultants whose relationship falls outside the boundaries of a traditional employment agreement. By thoroughly addressing the above checklist items, employers can create comprehensive and legally compliant employment agreements tailored to Alaska's specific requirements. Seek legal advice and consult the Alaska Department of Labor and Workforce Development for any further guidance on employment agreements in the state.
