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.
Missouri Checklist — Employment Agreements: A Comprehensive Guide for Employers An employment agreement is a crucial document that establishes the terms and conditions of the employment relationship between an employer and an employee in Missouri. This checklist aims to provide employers with a detailed overview of key elements and considerations when drafting or reviewing employment agreements in Missouri. 1. Offer of Employment: Ensure that the agreement clearly states the employer's offer of employment, including the job title, start date, and any specific conditions or contingencies. 2. Job Description and Duties: Define the employee's role and responsibilities accurately to avoid any potential misunderstandings or disputes in the future. 3. Compensation and Benefits: Specify the employee's salary, wages, or hourly rates, along with any applicable deductions, bonuses, commissions, or incentives. Additionally, mention other benefits like healthcare plans, retirement plans, paid time off, and any relevant company policies. 4. Termination and Severance: Outline the conditions under which either party can terminate the employment agreement, such as notice period requirements, reasons for immediate termination, and any severance pay or benefits upon termination. 5. Non-Compete and Non-Disclosure: If applicable, include provisions related to non-compete agreements, which restrict employees from joining competitors or sharing specific business information with third parties. 6. Confidentiality and Intellectual Property: Protect your company's trade secrets and intellectual property rights by including confidentiality clauses that prevent employees from disclosing sensitive information. 7. Dispute Resolution: Specify how any disputes arising from the employment agreement will be resolved, whether through mediation, arbitration, or litigation. State the applicable jurisdiction and venue for legal proceedings. 8. Governing Law: Establish the governing law that will apply to the employment agreement, particularly how Missouri state laws and regulations will govern the interpretation and enforcement of the agreement. 9. Employee Handbook: Incorporate references to your company's employee handbook and ensure that the employment agreement aligns with the policies and procedures outlined therein. 10. Modification and Waiver: Clarify the procedures and requirements for modifying or waiving any terms of the employment agreement. Consider whether changes require written consent from both parties or may be made unilaterally by the employer. Types of Missouri Employment Agreements: 1. At-Will Employment Agreement: This agreement establishes that the employment relationship is "at-will" and can be terminated by either party at any time, for any reason, so long as it is not based on discriminatory grounds. 2. Fixed-term Employment Agreement: In this type of agreement, the employment is for a specific period, and termination before the agreed-upon end date may be subject to penalties or conditions. 3. Non-Compete Agreement: A non-compete agreement prohibits employees from working for competitors or starting a competing business for a specified period after their employment ends. 4. Executive Employment Agreement: Typically used for top-level executives, this agreement may include additional clauses related to compensation, benefits, severance packages, and restrictive covenants. By following this Missouri Checklist — Employment Agreements, employers can ensure that their employment agreements comply with Missouri employment laws, protect their interests, and maintain clear communication with their employees.
