Agreement Template / December 4, 2018 / Wendy Gamble
A good form will have some empty lines to write specifics about the job role in case the basic agreement doesnt cover them. Another benefit is the clear reduction in legal liability that a business can achieve by using a simple employment agreement template. When you have clear requirements for both parties written in a signed document this eliminates a lot of the ambiguity and costs associated with lawyers and courts if you are ever sued by a current or former employee (or worse yet the employees union). As long as the agreement follows the law and the employee was competent at the time of signing most courts will honor its terms. This can get you out of a very expensive situation! On the other hand a detriment of using a pre-written template is that it may not handle more complex jobs or specific types of contract projects where there are a lot of detailed deliverables.
Obviously a basic form contract is unlikely to cover all the bases for things like international joint ventures multi-level sales agency relationships or insurance services. These are agreements where the costs of an attorney are justified. Another downside to using an employment agreement template is the potential for building inflexibility into your business. In particular employment law changes may invalidate or make an existing agreement out of date. If you use the same job template for hundreds of employees and the law changes you may need to go back and have them re-sign new contracts. This wont always benefit the company though it is a small risk to take to get the significant legal protections afforded by even the simplest of contracts.
Then insert some wide ranging exceptions to this definition of confidential information that make the agreement a fair one. Typically you would tell the party that is going to receive your confidential data that they dont have to protect any of your materials if they happen to be already out there in the public domain are previously in the receiving partys possession (which means they developed the same thing on their own) or were given to the receiving party by a third party. These kinds of exceptions are important because its not fair to require the receiving party to lock up your materials if they really arent confidential to you. At the same time anything that doesnt fall within one of these exceptions really should be kept confidential because no one else is in possession of it.