At-Will Employment Agreement
(Comprehensive Arbitration, Non-disclosure, Non-solicitation Provisions)


Summary

This employment agreement template is between an employer and employee and provides that the employment of the employee will be at-will. This template includes practical guidance, drafting notes and alternate clauses. In addition to setting forth compensation and job duties, this template also includes non- disclosure and non-solicitation clauses. This template also includes a work for hire designation, whereby copyrightable aspects of the employee's work product are the employer's sole property; and a comprehensive arbitration clause addressing scope, procedure, fee shifting, and the appeal process. The employment of the employee in this template is at-will, meaning that the employer (as well as the employee) can terminate the relationship at any time for any reason or no reason, so long as the termination is not based on an illegal reason, without liability. With the exception of Montana, every state presumes that employment is at will absent a written contract specifying a term of employment. Be aware of any exceptions to at-will employment in the states relevant to your client, such as exceptions which may be based on matters of public policy, implied contract, and fraudulent inducement. For a full listing of key content covering recruiting, screening, testing, hiring, and onboarding, see Screening and Hiring Resource Kit. For additional guidance, see Confidential Information Protections, Restrictive Covenants and Confidential Information Protection, Non-competition and Non-solicitation Clauses and At-Will Employment and Exceptions State Law Survey.