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: Philadelphia Pennsylvania Employment Agreement for Executive Director of a Nonprofit Corporation with Confidentiality Clause Keywords: Philadelphia Pennsylvania, employment agreement, Executive Director, nonprofit corporation, confidentiality clause Introduction: The Philadelphia Pennsylvania Employment Agreement for Executive Director of a Nonprofit Corporation with a Confidentiality Clause is a legally binding document that outlines the terms and conditions of employment for an executive director in a nonprofit organization. This agreement ensures the protection of sensitive information and maintains the organization's reputation and operations. Below are different types of employment agreements commonly used in Philadelphia, Pennsylvania: 1. General Employment Agreement with Confidentiality Clause: This type of agreement establishes the basic terms of employment, including job responsibilities, compensation, benefits, and work schedule. It also includes a confidentiality clause to safeguard proprietary information, trade secrets, and sensitive data belonging to the nonprofit corporation. 2. Fixed-Term Employment Agreement with Confidentiality Clause: In cases where the executive director's employment is for a specific period, typically for a project or a limited-term engagement, a fixed-term employment agreement is used. This agreement includes all the essential elements of a general employment agreement, along with a confidentiality clause to protect the organization's confidential information during and after the director's tenure. 3. At-Will Employment Agreement with Confidentiality Clause: An at-will employment agreement is commonly used when there is no pre-determined end date for the executive director's employment. As an at-will arrangement, the nonprofit corporation or the executive director can terminate the employment relationship at any time, as long as it does not violate any applicable laws. This agreement incorporates a confidentiality clause to safeguard the organization's sensitive information. Confidentiality Clause: The confidentiality clause within these employment agreements serves to protect the nonprofit corporation's confidential information from being disclosed to third parties. It typically includes: 1. Definition of Confidential Information: This clause stipulates the types of information that are considered confidential, such as financial records, donor lists, strategic plans, marketing strategies, trade secrets, research and development data, and any proprietary or sensitive information related to the organization. 2. Non-Disclosure Obligations: The clause outlines the executive director's duty to maintain the confidentiality of the organization's information, both during and after employment. It restricts the director from sharing or disclosing this information to anyone without prior written consent from the organization. 3. Non-Compete and Non-Solicitation: Some employment agreements may include provisions that prohibit the executive director from engaging in competitive activities or soliciting the organization's clients, donors, or employees for a certain period after their employment ends. 4. Exceptions to Confidentiality: Certain agreements may state exceptions to the confidentiality obligations, such as instances where disclosure is required by law or authorized by the nonprofit corporation. Conclusion: The Philadelphia Pennsylvania Employment Agreement for Executive Director of a Nonprofit Corporation with a Confidentiality Clause is an essential legal document that ensures a clear understanding of the terms and conditions of employment while safeguarding the organization's confidential information. Employing different types of agreements allows flexibility based on the nonprofit corporation's specific requirements, whether it is a general agreement, fixed-term agreement, or at-will agreement.Title: Philadelphia Pennsylvania Employment Agreement for Executive Director of a Nonprofit Corporation with Confidentiality Clause Keywords: Philadelphia Pennsylvania, employment agreement, Executive Director, nonprofit corporation, confidentiality clause Introduction: The Philadelphia Pennsylvania Employment Agreement for Executive Director of a Nonprofit Corporation with a Confidentiality Clause is a legally binding document that outlines the terms and conditions of employment for an executive director in a nonprofit organization. This agreement ensures the protection of sensitive information and maintains the organization's reputation and operations. Below are different types of employment agreements commonly used in Philadelphia, Pennsylvania: 1. General Employment Agreement with Confidentiality Clause: This type of agreement establishes the basic terms of employment, including job responsibilities, compensation, benefits, and work schedule. It also includes a confidentiality clause to safeguard proprietary information, trade secrets, and sensitive data belonging to the nonprofit corporation. 2. Fixed-Term Employment Agreement with Confidentiality Clause: In cases where the executive director's employment is for a specific period, typically for a project or a limited-term engagement, a fixed-term employment agreement is used. This agreement includes all the essential elements of a general employment agreement, along with a confidentiality clause to protect the organization's confidential information during and after the director's tenure. 3. At-Will Employment Agreement with Confidentiality Clause: An at-will employment agreement is commonly used when there is no pre-determined end date for the executive director's employment. As an at-will arrangement, the nonprofit corporation or the executive director can terminate the employment relationship at any time, as long as it does not violate any applicable laws. This agreement incorporates a confidentiality clause to safeguard the organization's sensitive information. Confidentiality Clause: The confidentiality clause within these employment agreements serves to protect the nonprofit corporation's confidential information from being disclosed to third parties. It typically includes: 1. Definition of Confidential Information: This clause stipulates the types of information that are considered confidential, such as financial records, donor lists, strategic plans, marketing strategies, trade secrets, research and development data, and any proprietary or sensitive information related to the organization. 2. Non-Disclosure Obligations: The clause outlines the executive director's duty to maintain the confidentiality of the organization's information, both during and after employment. It restricts the director from sharing or disclosing this information to anyone without prior written consent from the organization. 3. Non-Compete and Non-Solicitation: Some employment agreements may include provisions that prohibit the executive director from engaging in competitive activities or soliciting the organization's clients, donors, or employees for a certain period after their employment ends. 4. Exceptions to Confidentiality: Certain agreements may state exceptions to the confidentiality obligations, such as instances where disclosure is required by law or authorized by the nonprofit corporation. Conclusion: The Philadelphia Pennsylvania Employment Agreement for Executive Director of a Nonprofit Corporation with a Confidentiality Clause is an essential legal document that ensures a clear understanding of the terms and conditions of employment while safeguarding the organization's confidential information. Employing different types of agreements allows flexibility based on the nonprofit corporation's specific requirements, whether it is a general agreement, fixed-term agreement, or at-will agreement.
