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.
Kansas Checklist — Employment Agreements: A Comprehensive Guide Introduction: Employment agreements are essential legal documents that outline the terms and conditions of a working relationship between an employer and an employee. In Kansas, having a well-drafted employment agreement is crucial for both employers and employees to ensure clarity, protection, and compliance with state laws. This checklist highlights the key elements that should be included in a Kansas employment agreement to protect the rights and interests of both parties. 1. Basic Information: Include the full legal names and addresses of both the employer and the employee. Specify the date of the agreement and indicate the start date of the employment. 2. Job Title and Responsibilities: Clearly state the job title and provide a detailed description of the employee's responsibilities, tasks, and duties. This section should also outline any specialized skills or qualifications required for the position. 3. Compensation and Benefits: Specify the employee's salary or wage, including payment frequency (e.g., weekly, bi-weekly, monthly). Discuss any additional benefits, such as health insurance, retirement plans, vacation days, sick leave, and bonuses. Ensure compliance with relevant federal and state minimum wage laws. 4. Duration and Termination: Indicate whether the employment is for a fixed term or indefinite. Outline the notice period required for either party to terminate the agreement and the circumstances under which termination can occur, such as misconduct or resignation. 5. Non-Disclosure and Non-Compete Clauses: Include provisions that protect the employer's confidential information and trade secrets. Non-compete clauses restrict employees from working for competitors or engaging in certain activities within a specific timeframe and geographical area after leaving the company. 6. Intellectual Property Rights: Specify ownership of intellectual property created by the employee during their employment. Clearly outline whether the employer or employee retains ownership rights of inventions, patents, copyrights, or other intellectual property. 7. Confidentiality and Non-Solicitation: Include provisions that prevent employees from disclosing sensitive company information to third parties. Non-solicitation clauses restrict employees from soliciting other employees or clients of the company after the termination of their employment. 8. Dispute Resolution: Outline how disputes between the employer and employee will be resolved, such as through arbitration or mediation, instead of litigation. Specify the jurisdiction and venue for resolving disputes. Types of Kansas Employment Agreements: 1. At-Will Employment Agreement: This type of agreement is the most common in Kansas, where employment is considered at-will, allowing either the employer or employee to terminate the relationship at any time, for any reason, as long as it is not discriminatory or in violation of other protected rights. 2. Fixed-Term Employment Agreement: A fixed-term agreement establishes a contractual obligation for both parties to fulfill the employment terms for a predetermined period. The agreement automatically terminates upon the expiration of the specified term, unless renewed or terminated earlier by mutual consent. 3. Part-Time or Temporary Employment Agreement: This agreement is used when hiring employees for part-time or temporary positions. It clarifies the specific duration and conditions of the employment, such as hourly wages, working hours, and limited benefits. Conclusion: Crafting a thorough and precise employment agreement in Kansas is crucial to protect the rights and interests of both employers and employees. This checklist summarizes the key components that should be included in a Kansas employment agreement, ensuring compliance with state laws and fostering a transparent and fair working relationship. Seeking legal advice when drafting or modifying employment agreements is highly recommended ensuring accuracy and compliance with specific industry regulations.
