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 Texas Employment Agreements with Executive Directors of Nonprofit Corporations: Exploring Different Types with Confidentiality Clauses Keywords: Texas employment agreement, Executive Director, Nonprofit Corporation, Confidentiality Clause, types Introduction: In the state of Texas, Employment Agreements for Executive Directors of Nonprofit Corporations are crucial legal documents that outline the terms and conditions of employment. These agreements establish a clear understanding between the Executive Director and the nonprofit organization, ensuring a smooth working relationship. One essential aspect that such agreements often incorporate is a confidentiality clause, which safeguards the organization's sensitive information. Let's delve into the different types of Texas Employment Agreements with Executive Directors of Nonprofit Corporations that include a Confidentiality Clause. 1. Standard Texas Employment Agreement with Executive Director and Confidentiality Clause: This type of agreement outlines the general terms of employment for the Executive Director of a nonprofit corporation. It covers aspects like job responsibilities, compensation, benefits, working hours, and employee rights. Additionally, a confidential clause is included, stating that the Executive Director is obliged to maintain the confidentiality of all proprietary and sensitive information obtained during their employment. 2. Texas Noncompete Employment Agreement with Executive Director and Confidentiality Clause: In some cases, nonprofit corporations may seek to protect their interests further by including a noncompete clause within the employment agreement. This clause prevents the Executive Director from engaging in similar roles within a specific geographical area, for a defined period, after leaving the nonprofit. Alongside the noncompete clause, a strong confidentiality clause remains in place to ensure the secure handling of the organization's confidential information. 3. Texas Severance Employment Agreement with Executive Director and Confidentiality Clause: When an Executive Director's employment terminates, a severance employment agreement may be established to outline post-employment arrangements. This agreement typically covers topics such as severance pay, continuation of benefits, and non-disparagement clauses. It also includes a confidentiality clause, reinforcing the ongoing obligation to protect the nonprofit's confidential information, even after the termination of employment. 4. Texas Contract Employment Agreement with Executive Director and Confidentiality Clause: In certain situations, a nonprofit corporation might enter into a fixed-term contract with an Executive Director instead of an indefinite employment agreement. This type of agreement outlines the terms and conditions, ensuring both parties agree upon the length of employment, compensation, and job responsibilities. Like other types, a confidentiality clause is included to safeguard the organization's confidential information throughout the contract period. Conclusion: Texas Employment Agreements with Executive Directors of Nonprofit Corporations are crucial legal documents that protect the rights and responsibilities of both parties. These agreements contain various key elements, including confidentiality clauses, aimed at safeguarding the sensitive information of the organization. By examining the different types of agreements available, nonprofit corporations can tailor the terms to fit their unique needs, ensuring a productive and secure working relationship with their Executive Director.
