If you receive a summons or other notice requiring you to report for Jury Duty, inform your supervisor immediately and provide your supervisor with a copy of your notice to report for Jury Duty.

If you wish to serve on Jury Duty as specified in the notice, report as required.  If you have personal or work priorities that limit your ability to serve, see your supervisor for his or her help in supporting your claims should you want the Company’s assistance in this matter.

Salaried employees can receive up to three days regular pay per year for actual time served on Jury Duty.  Employees may keep any payment received from the Court for Jury Duty and have no obligation to return any payment to the Company or permit the Company to offset those payments from up to three days payment per year for actual time served on Jury Duty.

At the end of each day of Jury Duty, notify your Supervisor of your status.  Most Jury Duty is for one day or less unless you sit on an actual trial.  Therefore, your report to your supervisor is especially important on the first day of any required Jury Duty.

If required to sit on a trial, an employee serving on a jury should contact his or her supervisor daily to advise the supervisor of his or her status and the projected end of the jury duty.

As with all Company policies, this one is subject to modification, in whole or in part, required by any changes in local, state, or federal statutes and laws.  The Company may also modify this policy for its own purposes in whole or in part with 30 Days notice to Employees.

Your supervisor will give you a copy of this Jury Duty policy upon your giving him or her a copy of your Jury Duty notice.  Please sign it and make two copies; one for you and the other for your personnel file with a copy of your Jury Duty notice attached.

_________________________        _____________________   ____________
Employee                    Supervisor            Date

Jury Duty Policy
Review List

This review list is provided to inform you about the document in question and assist you in its preparation.

1.    Jury Duty policy, as with other employee policies, is most effective when dealt with evenhandedly and promptly.  Our suggestion is to have each employee sign a copy to reinforce the Company’s providing the benefit of up to 3 days pay for Jury Duty service.  This limits the exposure the Company has for longer service and hopefully will encourage your employees to avoid Jury Duty or serve the minimum term.  If an Employee chooses to seek participation in a longer trial, then the financial responsibility rests with them after 3 days, supplemented somewhat by jury duty pay available from the governmental authority involved.

2.    It is also important to emphasize in your employee policies, as this Jury Duty policy does, that government laws and statutes take precedence over your own and that these policies may change without notice to all concerned, including the Employee.  By doing this, you take the edge off the bureaucratic feeling of these kind of documents and place the onus on government rules and statutes rather than on the Company.

3.    Written Employee rules, such as this one, help avoid any prohibited discriminatory practices by clearly stating what the rules are requiring reporting the notice, payment rights, and reporting requirements by your employees.  Keeping clear records by category simplifies any audit of employee practices so we recommend you not only place a copy of the signed policy and notice received by any employee in the employee file, but also put a duplicate set in a Jury Duty notice file.

________________, referred to as AGENCY, and ___________________, referred to as CLIENT, agree:

AGENCY shall supply skilled services temporary services for CLIENT under the terms and conditions stated herein.

AGENCY shall provide services within the following fields to CLIENT upon the request of CLIENT:
____________________________________________

CLIENT shall requisition such services by written agreement as far in advance as is possible. CLIENT shall specify the fields and qualifications within the fields desired, the time periods for work, and the applicable rates.

AGENCY provided workers shall be considered solely as employees of AGENCY and shall not be considered to be employees of the CLIENT. Any benefits required by law such as worker’s compensation or social security shall be the sole responsibility of AGENCY. Further, AGENCY shall maintain non-owned vehicle coverage with minimum limits of liability for personal injury of $1,000,000.

AGENCY shall indemnify and hold CLIENT harmless from claims of arising out of services provided by workers to CLIENT.

All services shall be performed to the satisfaction of CLIENT.  Upon notice of dissatisfaction AGENCY shall relieve any personnel provided and replace them with other personnel.

Upon request of CLIENT, AGENCY shall require any workers supplied under this agreement to execute a non-disclosure agreement as to any confidential business information, secret processes or trade secrets that any workers may become privy to during their performance under assignment for CLIENT.

AGENCY further agrees that in the event any workers provided herein create any patentable or copyrightable matter that the entire rights to the patentable or copyrightable matter shall be held by CLIENT. AGENCY shall upon request of the CLIENT require all workers provided by AGENCY to execute invention and intellectual property assignment agreements.

AGENCY shall require its employees to promptly disclose to AGENCY and to CLIENT any inventions or other intellectual property created during worker’s service for CLIENT. AGENCY and CLIENT agree that such intellectual property shall be considered to be works for hire. AGENCY and its workers shall execute any documents and will fully cooperate with CLIENT in the execution of any documents, or provide other assistance in the prosecution of patents or other proceedings. Such cooperation shall be at the expense of CLIENT.

AGENCY may from time to time receive confidential or proprietary knowledge from CLIENT. AGENCY agrees not to disclose such information and in addition to use the same level of security for such information which it uses for its own confidential information.

CLIENT shall be invoiced for the agreed upon labor rate provided in their requisition, together with any reasonable expenses required to be incurred by any workers provided by the agency, every _______________ days; which invoices shall be due ___________________ days after rendition.

Dated: ___________________

_________________________________
________________ By Client

_________________________________
___________________ By Agency

Employment Agency, Temporary, Agreement
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This is a fairly standard temporary employment agency agreement.  It can be adapted to similar uses should you find need for that as well.

1.    Make multiple copies.  Give one each to the Agency and Client.  Each party would be advised to keep copies in both their project files and corporate records.

WHEREAS, The employee whose signature appears below agrees to furnish his own
automobile to perform his duties hereunder and shall keep it maintained and repaired in good
driving condition; and

WHEREAS, for the employee’s benefit, the employee shall maintain insurance on the
automobile in at least the following amounts: Bodily injury liability, __________(1)________
Dollars ($_______________) for each person injured, ____________(2)______________
Dollars ($________________) for each occurrence; property damage liability _____(3)_____
Dollars ($________________) for each accident; _________(4)____________ Dollars
($___________) deductible comprehensive coverage, _____________________(5)
_______________ Dollars ($_________________); ________(6)__________ Dollars
($________________) deductible collision coverage at fair market value; and
WHEREAS, a certification of the employee’s insurance showing those coverage’s will be
filed by the employee with the company; and

WHEREAS, all of the requirements of this section shall be complied with at the
employee’s cost.

NOW THEREFORE, In consideration of the above, the company shall pay the employee
_____________(7)__________ Dollars ($_______________) per week for the use of his
automobile during the period from ___________(8)___________, _____(9)_____, to ________
(10)__________, ______(11)______. Those payments shall be charged to the employee’s
account as an automobile allowance. The payments shall be made weekly, but neither the
payments nor this agreement shall make the company the owner, bail or lessee of
said automobile, nor shall the company be responsible for any damage to the automobile.

___________(12)________________
Employer

___________(13)________________
Employee

Date:

I, __________________, understand that ___________________ (“Company”) requires all applicants for employment to take a urine test for drug and/or alcohol use.

I hereby freely and voluntarily give my consent to such test, to be administered on, _______________, having been fully informed of the test procedure involved, of what I am being tested for, and that a copy of the results will be forwarded to and placed in my record if I am ultimately hired. If not hired, I understand that the Company shall destroy all such records.

I also understand that, in the event of a positive test result, the Company will give me an opportunity to explain such a result.

_________________
Applicant

________________
Witness

Consent to Drug and Alcohol Testing
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  In this kind of document, the less said the better.  As long as “all” prospective employees must take the same test, your company is on firm ground.  If you make exceptions to for any failed applicants, then a failed applicant who did not get an exception made on their behalf has grounds for a successful challenge in court.  Be so advised.

1.    Be sure the applicant signs this in front of a witness. If the applicant has any questions or difficulties about the test encourage them to seek employment elsewhere.

2.    Company employees should not justify the test to an applicant.  The answer is “It is what it is.”  Anything else subjects you to challenge in court.  You are allowed to have such tests, as a rule, but you are not allowed to have them for biased reasons.  Since “bias” is often in the eye of the observer, in this case a judge if you go to court, you are advised to just say it is company policy – which is perfectly acceptable in most cases.

3.    In addition, do not discuss the policy reasons with employees.  This is subject to discovery by a court as well.  Again, the less said the better in these matters.  It is what it is.  Leave it at that.

Employee Stock Option Plan of __________________ Corporation

Pursuant to a resolution of the Board of Directors, passed at a meeting on _________________, the following shall constitute the terms and conditions of the Employee Stock Option Plan (ESOP) of the corporation; the intent of the plan being to allow the corporation to issue incentive stock options under the relevant regulations of the Internal Revenue Code:
The maximum number of shares, which may be made subject to options under this plan, shall be.
The plan shall be administered by a committee entitled the ___________________ Corporation ESOP plan. Such committee shall consist of ___________________ members, appointed by the Board of Directors. Such committee shall consist solely of directors who are not eligible to participate in the plan, and further, were not eligible to participate in the plan within the year prior to their appointment, and shall have the following duties and obligations:
To determine the employees of the corporation who shall be entitled to participate in the plan;
To determine such rules and regulations as may be necessary to administer the plan;
The committee shall meet from time to time in its discretion, and may employ such legal, accounting and other staff as the committee may determine are necessary to properly discharge it duties.

The committee may from time to time grant options, provided, however, that all such options shall be subject to the following conditions:
First, that the purchase price of the shares of stock shall be 100% of the fair market price of the stock on the date that the options are granted, and,
Second, that the stock option shall be exercised no later than ___________________ months after issuance, and,
Third, that in the event of the termination of the employee due to death or disability, that the option may be exercised no more than ____________________ months after the date of death or disability;
Fourth, that the in the event of the termination of the employee for any other reason, that no option may be exercised more than _________________ months from the date of such termination.
Fifth, the aggregate fair market value of the options granted herein shall not exceed $____(____________________________ & _____/100 dollars) per fiscal year; however, any sums not used shall carry forward to subsequent fiscal years. The value of the options granted shall be determined as of the date that each option is granted.
Sixth, adopt and enforce such other regulations or policies as may be required for the options to qualify as incentive stock options under the Internal Revenue Code.

In the event that as of the date when an option is granted, any employee owns stock representing 10% or more of the shares eligible to vote and an option is granted to such employee, the minimum option price shall be 110% (one hundred ten per cent) of the fair market value at the time of granting of the option.

The ESOP committee may grant new options to an employee who has previously received options. However, such new options shall not be exercisable until all previously granted stock options have been exercised or have terminated due to lapse of time. The purchase price of such options shall be 100% of the fair market value of the shares on the date that the option is granted.

No right under the plan may be sold, assigned, pledged, or otherwise disposed of by the employee. In the event of the employee’s death, the options may be passed by the laws of wills or intestacy applicable to the employee. During the lifetime of the employee, only the employee or the employee’s legal representative may exercise any options granted herein.

The ESOP committee shall have the right to structure the options as it sees fit, including exercise in installments. The ESOP committee may also provide for the acceleration of the options in the event that:
The corporation is being acquired, which shall be defined as — the purchase of sufficient shares to elect a majority of the board of directors of the corporation through a tender offer or any equivalent offer, contract or scheme; a merger of the corporation into another corporation, whether or not the corporation survives; or, if in the judgment of the ESOP committee the corporation is being acquired by another corporation; which judgment shall be final.

The board of directors of the corporation shall be entitled to review all actions of the ESOP committee except that the Board of Directors may not increase the number of options which may be granted to an employee by the committee, or to grant options to employees not selected by the ESOP committee.

Prior to the exercise of any option, the committee may require that the employee execute such instruments or provide opinions of counsel as to the legality of the exercise of the option. In addition, the ESOP committee, may at its discretion employ such legal or accounting experts as it may determine necessary or useful and obtain such opinions as it may deem fit. The corporation shall not be required to fulfill any option when in the opinion of its counsel, which shall be final, the fulfillment of the same shall violate any regulations or laws applicable to such transactions by any state or the federal government or other authority.

If the corporation is recapitalized, such as by a stock split, reorganization, reclassification or other forms of capital adjustments, the committee shall have the right to make equitable adjustments to the options, which determination shall be final.

All members of the ESOP committee shall be entitled to full indemnification for their actions, provided that the same are taken in good faith, by the corporation. Such indemnification may be accomplished by contractual agreement or by the purchase of director’s insurance, or both. All members shall be indemnified to the greatest extent possible under the law.

The plan may be amended or discontinued by the Board of Directors at any time. The following amendments shall require the approval by the majority of shareholders:
the change in the maximum number of shares of common stock, which may be sold under the plan (except for those related to recapitalization as described above);
the requirements for eligibility in the plan or the benefits accruing to the beneficiaries under the plan.

No amendment or modification shall be entered into which will operate adversely on the tax affects of previous options.

Dated: ___________________

___________________________________
President

___________________________________
Attest: Secretary

Employee Stock Option Plan (ESOP)
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This is a very serious step and you should consult a lawyer expert in the ESOP field.  This will give you a start.

If you elect to go forward with the plan on your own, be sure to treat all employees equitably, high and low in the corporation, or the entire structure can be challenged and, on occasion, unraveled.

1.    Make multiple copies.  Make sure everyone has a copy in your organization that is involved or potentially involved with your ESOP.

Date:

Dear ______________:

This letter confirms our conversation of _______________, in which you extended an offerof employment to me as  ________________________.  I am pleased to accept your offer which I understand to be based on the following terms and conditions:
______________________________________________________________.

The general responsibilities of the job are: ____________________________________ and I will be located at _________________________.

I plan to begin work on________________.   My immediate supervisor will be: _____________________.

My beginning annual pay will be $ __________.  In addition, you indicated I would be paid a commission or bonus at a rate or an amount of _________ based upon __________________________.

I understand I will be entitled to the following benefits:  __________________________.

My employment will not be at will.

Thank you for your offer of employment.  I accept your generous offer and look forward to starting work soon.  If I have made any error in my understanding, please let me know right away.

Yours very truly,

_____________
New Hire

Job Offer Acceptance, by Employee
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This letter confirms the understandings of the parties.  Presenting the whole offer lets the Employer review the totality of the offer and confirm it back to you in writing.  If you are going to start work immediately, you are often better off just showing up for work.  If the start date is off a distance, you should consider sending this letter to formalize your acceptance.

1.    Sign the letter and send it promptly after receiving the job offer.

2.  Follow-up with a phone call in a week or so if you have not heard back from your prospective employer, to be sure you have the job you think you have.

You are acting as an independent contractor for ________________________. As an independent contractor, you should be aware of the following:

1.  At the conclusion of the tax year, a report will be sent to the Internal Revenue Service and other local authorities of the gross amount earned.

2.    No withholding of taxes takes place. You may have the obligation to pay periodic taxes or withholding towards the same.  Please consult with a tax advisor of your choosing regarding the requirements. ________________________ cannot provide tax advice.

3.    Your Federal Tax ID Number is: __________________________, for reporting purposes.

___________________                Date:
Independent Contractor

___________________
Customer

I, the principal officer of Independent Contractor, do hereby indemnify Customer from any additional tax liability should the IRS rule that we were acting as employees or otherwise assess any taxes upon the Customer.  This indemnity shall also apply to any state or local taxes that may be assessed against Customer.  I make this indemnity both as the Independent Contractor and as an individual guarantor.

___________________                ______________________
Independent Contractor, Principal            Principal as an Individual
Social Security Number:

___________________                Date:
Witness

Independent Contractor Notice
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This document protects the employer, in part, from IRS, State, and local assessments if the Contractor is found to not meet the then IRS standards for Contractor status.  This puts the Contractor squarely on the hook for any assessments.  Just as importantly, showing this document to an IRS, State, or local agent is apt to make them move on to another case or investigation since they are “after” companies not individuals.  If they find that the “Contractor” must “pay up,” they are apt to move on to other corporations.

1.    Make multiple copies.  Getting notarized copies is always a good idea since revenue agents tend to respect the legal niceties, and, remember, it is for them you are doing this.

Personal and Confidential

Date:
Name of Employee:

Dear ________________:

This letter confirms our conversation today stating that the Company (“Employer”) has decided not to continue your employment (“Employee”), and, accordingly, your employment will end effective today.

The Company is granting you ___ additional weeks pay for your service and your return of all company property including keys, cars, equipment, and any other company owned items under your possession, custody, or control.

If you have any questions with respect to this Agreement, do not acknowledge this document until these questions have been cleared up to your satisfaction.  If you do not sign this Agreement today, the Company withdraws its offer for one week of additional pay in consideration of your signing this Agreement and your termination stands, as well as your obligation to return all Company property as mentioned in paragraph 2 above.

Yours very truly,

________________________
Authorized Name of Employer

_____________________________
Acknowledgment by Employee

Termination, Regular Employee
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  This termination letter should be presented to Employee after the Final Release form is signed and one copy given to the Accounting office.  The Final Release is the more important of the two documents and should be handled first.

This second document relates to the terms of separation, including but not limited to keys, corporate property, and the like.  It is our business experience that you should stand firm on the grounds that no signature means no severance.  This is your best chance to get the documents in place prior to a lawyer or government official being brought in.  After gaining these signatures, no company of mine, at least to my knowledge, was ever sued, much less had to pay any additional monies in any settlement.

1.    Severance amount should be fixed prior to the meeting.  Do not waver on the subject or you will wind up unraveling the entire agreement.  Regular employee terminations are much trickier because the Employee generally feels let down and the Employer is generally angry about poor performance.  In other words, the conversation is ripe for conflict and, as a rule, the Employee does not suspect the anger on the part of the Employer since most terminations relate to an Employee who “could” do the work, but wouldn’t, despite conversations in that regard, and tried to “get away with it” and keep employed.

2.    Be sure to get all keys to the property and limit the terminated employee’s access to their office.  Suggest they are better off leaving for personal reasons.  You can box up their goods at a later time.  If you anticipate any problems, get someone to box up the goods while having this meeting.

3.    Remember it is your right to conduct them off the premises for any reason of your choosing as long as you do not disclose it.  Do not discuss the whys and wherefores of termination.  You can terminate people at will, as a rule.  However, you may not terminate them for a host of specific reasons, and that list expands on an ongoing basis.  The less said, the better.

4.    If the terminated employee wants your input about their performance, reference or the like, tell them to take care of today and call you tomorrow about it when they have a chance to reflect upon what they want.  This both gets them off the premises and keeps you out of trouble.  It also makes for a much more measured employee response so you can assist them, to the extent you are able, to help them get another job promptly. This is especially true for a longer-term employee.

5.  For newer employers, let me add that I have never terminated an employee with any medium or long term regrets afterwards.  Most successfully find new employment and many actually learn from their termination.  This is good for them, of course.  But, it is of little consolation to the Employer who has invested in the Employee without a reasonable return.

Date:

Dear ________________:

We accept your resign from the Company effective today, with regret.  We appreciate your generous offer to continue to work for up to two additional weeks, but believe it is in everyone’s best interests to accept your resignation effective today.

Please turn over your keys and other Company property today before leaving.  We appreciate your willingness to answer any questions we may have in the near future by phone or email.  When you have turned over all Company property, please have your supervisor sign the acknowledgment below.

We will instruct payroll to make this your last day of work with regard to all pay and benefit issues.  If you wish to take advantage of our legal requirements to keep you on our medical plan for such period of time, please indicate that below so we can make the proper arrangements for our mutual protection.

We also appreciate your signing the Employee Final Release so that we have all of your paperwork in order.

Our thanks for your good work,

With best regards,

____________________________                ___________________
Authorized Employee of Company            Acknowledgment that all Property
Returned, by Authorized Supervisor

I wish to exert my legal right to continue receiving Medical Benefits, and pay for them accordingly, until I give the Company further notice that I no longer want to take advantage of this legal right of mine.

__________________
Employee,

Enc.  Employee Final Release form.

cc Payroll Department

Resignation Letter by Employee, Employer Acceptance
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  Orderly resignations are extremely important for both Employer and Employee.  Employer should take the opportunity to get this signed release from the Employee, including the Employee Final Release form also appearing in the Employment form area.

All supervisors should be prepared for how to conduct themselves when receiving resignation notice, orally or in writing, so they execute Company policy appropriately.  In the simplest mechanical terms, you should have a set of documents prepared for this contingency:  This letter plus the Employee Release Form is generally sufficient; the health plan continuation is a matter of formality and sending new bills to the Employee. It is our business experience that immediate termination is better than letting the Employee linger on premises.  Most turnover work can be accomplished effectively in an hour or two.  If you feel the need to have longer notice, then write that into the Agreement.

Resignations are complicated for employers because the employee determines the time, not the employer, and the employer has a multiple set of objectives to accomplish to make the transition effective.  Usually, first and foremost is the goal getting all important work product in progress into the hands of remaining employees.  Good employees almost always want to be sure this happens.  If this is a not so good or troublesome employee, then you should make your first goal to get the Employee Final Release signed and let the chips fall where they will on the first goal for good employees.   It is worthwhile to push hard for this signoff so you avoid trouble down the road.  A modest financial payment might just turn the tide, and the Agreement provides for that.

My experience has been extremely good in this regard because I have always pushed for an amicable but firm approach to resignation and termination.  Pressure to sign the Final Employee Release form has prevented any litigation from occurring.  Several lawyers, over the years, have called to complain about their clients, and our former employees, being forced to sign this document.  However, they couldn’t “get over” the voluntary and standard request for signature so all “let it go.”  Whew!

The final goal should be to get the return of all Company property immediately.  This is usually problematic for off site equipment.  Just do the best you can in this regard.  If they have equipment at home, first get the sign off on these documents and then direct them to go home immediately and bring everything back.  If you create an immediate sense of urgency, you will stand the best chance of getting everything back.

1.    Make multiple copies of the Employee Final Release form and Acceptance of Employee Resignation Letter.

2.    Get the key or keys back in the initial resignation conversation by the Employee.

3.    Change all access codes as soon as possible without insulting or inciting the resigning Employee.

4.    Get the Employee off the premises as soon as possible without insulting or inciting the resigning Employee.

5.    If possible, arrange for a going away event at a convenient time and place prior to the Employee leaving (this should be part of your normal termination package).

6.    Consider this activity the most important priority of the day it occurs.  If you give it immediate precedence, the event will go off better than otherwise and you will vastly reduce any lingering byproduct.  In addition, your other Employees will also be put on notice as to the procedure and prepared for if they eventually resign—and will not feel singled out, and so on and so on.

Date:

Dear ________________:

I hereby resign from my position at the Company effective today.  If you would like me to continue for up to two weeks, I will be happy to do so in order to assist in an orderly transition of my responsibilities.

The only reason I am leaving is because I was offered a substantial increase in both responsibilities and income.  I sincerely all you have done to make my time at the Company productive and useful for all concerned.

My thanks again,

With best regards and thanks,

__________________
Resigning Employee

cc Any other person in organization you would like to receive a copy

Resignation Letter, by Employee
Review List

This review list is provided to inform you about this document in question and assist you in its preparation.  Orderly resignations are extremely important for both Employer and Employee.  The resigning Employee should keep in mind that they will probably need the Employer’s reference for any job after the one they are resigning to take.  With that point of self-interest in mind, the Employee is advised to put the best possible face on the reasons for resignation so the Employer remembers you well.  When I resigned from my first post-MBA job at General Foods, time was of the essence to get my new Umbroller stroller company off the ground.  Despite that circumstance, I still stayed 5 weeks to be sure the transition was orderly and complete.  Several people at General Foods remembered that courtesy years later.

Resist any temptation to “tell them off.”  Be nice; be courteous; leave graciously – or you will fall into the proverbial trap of acting in haste and repenting at leisure.  And, as the result of acting nicely on your departure, most employers will rise to the occasion as well.  As Shakespeare said, “All’s well that ends well.”

1.    Give the original to your boss, usually after discussing it first.  Make a copy for your own files.  If you feel the need to give it to someone else at the Company, make the appropriate copies.  You are usually best off just speaking to your boss and letting them handle the formalities.  It shows respect for the hierarchy; keeps your boss in control; and leaves the right impression on all concerned.

If you have the intent of suing your employer for some form of discrimination or harassment, your Resignation Letter is the first volley in your litigation battle.  Do not draft or send it yourself.  Have your litigating lawyer do so since they are expert in these matters and you are not.