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: Wisconsin Employment Agreement with Executive Director of a Nonprofit Corporation — Including a Confidentiality Clause Introduction: A Wisconsin Employment Agreement with an Executive Director of a Nonprofit Corporation is a legally binding contract that outlines the terms and conditions of employment between the nonprofit organization and its executive leader. This comprehensive document serves to protect both parties' interests and ensures clarity regarding the expectations, responsibilities, and compensation of the executive director. A crucial component of this agreement is the inclusion of a confidentiality clause, which safeguards sensitive information shared within the organization. Let's explore the various types of Wisconsin Employment Agreements with Executive Directors, each customized to meet specific needs. 1. Basic Wisconsin Employment Agreement with Executive Director — Including a Confidentiality Clause: A standard Wisconsin Employment Agreement lays out the fundamental terms and conditions of employment. It covers important details such as the executive director's responsibilities, compensation, benefits, work schedule, and termination procedures. Additionally, a carefully drafted confidentiality clause is embedded within the agreement to ensure the protection of the nonprofit's trade secrets, proprietary information, donor lists, strategic plans, and other sensitive data. 2. Wisconsin Employment Agreement with Executive Director — Including Non-Compete and Confidentiality Clauses: In cases where the organization wants to safeguard its interests further, a non-compete clause may be added to the agreement. A non-compete clause restricts the executive director from joining or starting a competing nonprofit organization for a specified period after termination or resignation, within a defined geographic area. Coupled with the confidentiality clause, this agreement ensures that the executive director cannot exploit the insider knowledge gained during their tenure to detrimentally impact the nonprofit's operations or divulge confidential information. 3. Wisconsin Employment Agreement with Executive Director — Including Non-Solicitation and Confidentiality Clauses: This type of agreement may include a non-solicitation clause along with the confidentiality clause. A non-solicitation clause aims to protect the nonprofit's relationships and prevents the executive director from soliciting employees, volunteers, donors, or other stakeholders to leave the organization during their employment term and a specified timeframe after termination. By combining this clause with the confidentiality clause, the nonprofit can safeguard not only its sensitive information but also its human resources and donor base. Conclusion: The Wisconsin Employment Agreement with Executive Director of a Nonprofit Corporation including a Confidentiality Clause is a vital legal instrument that helps establish a professional relationship between nonprofit organizations and their executive leaders. Customizing the agreement with additional clauses like non-compete or non-solicitation enhances the level of protection for the organization. Nonprofit corporations in Wisconsin can utilize these different types of agreements to suit their specific needs, ensuring robust governance and safeguarding the vital interests of the organization and its stakeholders.
