The relationship of an employer and an employee exists when, pursuant to an agreement of the parties, one person, the employee, agrees to work under the direction and control of another, the employer, for compensation. The agreement of the parties is a contract, and it is therefore subject to all the principles applicable to contracts. The contract may be implied. Most employment contracts are implied oral agreements. In this type of arrangement, the employer is accepting the services of the employee that a reasonable person would recognize as being such that compensation would be given to the employee.
The contract will often be an express written contract. In other words, the duties of the employee will be specifically set forth in writing in the contract. The attached form is a sample agreement between a nonprofit corporation and an executive director.
Title: Understanding the Oklahoma Employment Agreement with Executive Director of a Nonprofit Corporation, Including a Confidentiality Clause Introduction: In the state of Oklahoma, nonprofit corporations often enter into employment agreements with their executive directors to establish the terms and conditions of employment. These agreements ensure a clear understanding between both parties and provide the necessary legal framework to protect the interests of the nonprofit. This article aims to provide an in-depth description of the Oklahoma Employment Agreement with an Executive Director of a Nonprofit Corporation, with a particular focus on the inclusion of a confidentiality clause. 1. Overview of Oklahoma Employment Agreement with Executive Director: The Oklahoma Employment Agreement with an Executive Director of a Nonprofit Corporation is a legally binding document that defines the terms and conditions of the employment relationship. It serves as a vital instrument to protect the interests of both the nonprofit organization and the executive director. This agreement outlines the duties, compensation, benefits, and various other provisions related to employment. 2. Importance of a Confidentiality Clause: A confidentiality clause is typically included in the Oklahoma Employment Agreement with an Executive Director to safeguard sensitive information. This clause restricts the executive director from disclosing any confidential or proprietary information they acquire during their tenure. Implementing a confidentiality clause ensures the protection of sensitive information like trade secrets, donor lists, financial records, strategic plans, and any other information that, if disclosed, may harm the nonprofit's operations or reputation. 3. Key Elements of an Oklahoma Employment Agreement with Confidentiality Clause: a. Parties involved: Clearly identifies the nonprofit corporation and the executive director. b. Duties and Responsibilities: Outlines the specific roles and responsibilities of the executive director within the organization. c. Compensation and Benefits: Establishes the executive director's salary, bonuses, benefits, and any other remuneration. d. Term of Employment: Specifies the length of the agreement or whether it is an at-will employment contract. e. Termination Clause: Describes the circumstances under which either party can terminate the agreement. f. Confidentiality Clause: Detailing the specific information that the executive director must keep confidential and the consequences of breaching this obligation. g. Non-Compete and Non-Solicitation Clauses: If applicable, these clauses restrict the executive director from engaging in competitive activities or soliciting employees/donors from the nonprofit for a specified period after termination. h. Dispute Resolution: Outlines the process by which disputes arising from the agreement will be resolved (e.g., mediation, arbitration, or litigation). i. Governing Law: Specifies that the agreement is subject to the laws of Oklahoma. Types of Oklahoma Employment Agreements: 1. Fixed-Term Employment Agreement: Specifies a predetermined length of employment, after which the agreement either expires or renegotiates. 2. At-will Employment Agreement: Allows either party to terminate the agreement, with or without cause, at any time. 3. Conditional Employment Agreement: Establishes that the executive director's continued employment is contingent upon meeting specific performance targets or goals. Conclusion: In Oklahoma, nonprofit corporations must establish clear guidelines and mutual understanding through employment agreements with their executive directors. The inclusion of a confidentiality clause is crucial to protect sensitive information and preserve the nonprofit's reputation. By outlining the terms and conditions of the employment relationship, the Oklahoma Employment Agreement paves the way for a successful collaboration between the nonprofit and its executive director.
