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.
Wisconsin Checklist — Employment Agreements serve as a comprehensive list of essential items that employers and employees must consider when entering into an employment agreement in the state of Wisconsin. These checklists help ensure that both parties adhere to legal requirements, protect their rights, and establish a clear understanding of their employment relationship. The checklist typically covers various aspects related to employment agreements, including: 1. Basic Information: The agreement should include the employee's and employer's details, such as names, addresses, and contact information. 2. Job Description: Clearly defining the employee's job title, responsibilities, and reporting structure can help prevent any confusion or misunderstandings. 3. Employment Terms: This section specifies the nature of employment, such as full-time, part-time, or contractual. It should outline the agreed-upon start date, duration (if applicable), and any probationary period. 4. Compensation: Describing the employee's salary, payment frequency, bonuses, commissions, or other benefits, such as health insurance or retirement plans, is essential. It should also include details about any applicable overtime, if relevant. 5. Working Hours: Outline the employee's expected working hours, breaks, and overtime policies in accordance with Wisconsin labor laws. 6. Leave and Holidays: Explain the employee's entitlement to vacation, sick leave, personal days, and holidays, along with the procedure for requesting and approving them. 7. Confidentiality and Non-Disclosure: This section highlights the importance of maintaining the confidentiality of proprietary or sensitive company information during and after employment. 8. Intellectual Property: If applicable, outline the ownership and usage rights of any intellectual property created by the employee during their employment. 9. Termination: Describe the conditions under which either party can terminate the agreement, including notice periods, severance pay (if applicable), and any non-compete or non-solicitation clauses. 10. Dispute Resolution: Specify the preferred method for resolving conflicts, such as negotiation, mediation, or arbitration, to avoid costly legal procedures in case of disputes. 11. Governing Law: Mention that the employment agreement will be governed by the state laws of Wisconsin. Types of Wisconsin Checklist — Employment Agreements may include: 1. Standard Employment Agreement: A comprehensive agreement covering all the essential terms and conditions mentioned above, applicable to general employment relationships. 2. Executive Employment Agreement: Specifically designed for high-level executives, this type of agreement may include additional provisions related to compensation, benefits, performance expectations, and confidentiality. 3. Independent Contractor Agreement: For individuals working as independent contractors rather than employees, this agreement outlines the scope of work, payment terms, ownership of intellectual property, and other specific obligations. Employers and employees should seek legal advice to ensure their employment agreements comply with Wisconsin labor laws and adequately protect their interests. Using a Wisconsin Checklist — Employment Agreements can serve as a valuable tool in creating thorough and legally binding agreements.
