Executive Employment Agreement Examples: What You Need to Know

An executive employment agreement is a binding legal document that outlines the terms and conditions of a senior executive’s employment with a company. This contract is designed to establish a clear understanding between the employer and the executive, including the executive’s roles and responsibilities, compensation, benefits, termination and severance, and other important details.

If you’re an executive who has just been offered a new position, or if you’re an employer looking to draft an executive employment agreement, it’s important to understand what should be included in this document. Here are some key examples and considerations to guide you through the process.

1. Employment Terms and Duration

An executive employment agreement should clearly define the nature of the employment relationship between the executive and the company. This includes the position title, duties and responsibilities, reporting structure, and the duration of the employment term. The duration can be a fixed term, such as one year, or indefinite, provided that either party can terminate the agreement with appropriate notice.

2. Compensation and Benefits

Compensation and benefits packages are a critical aspect of any executive employment agreement. The agreement should specify the executive’s base salary, bonuses, stock options, and any other financial incentives, as well as any other benefits, such as health insurance, retirement plans, and vacation time. The agreement should also set forth any provisions for potential salary increases, as well as any clawback provisions in the event of misconduct or poor performance.

3. Termination and Severance

The executive employment agreement should outline the circumstances under which the agreement may be terminated, and the amount of notice required by either party. It should also define the terms of any severance package that the executive will be entitled to upon termination. The severance package may include a lump-sum payment, continuation of salary and benefits for a period of time, or other compensation.

4. Non-compete and Non-solicitation Provisions

Many executive employment agreements contain non-compete and non-solicitation clauses that prohibit the executive from working for a competitor or soliciting the company’s clients or employees for a certain period of time after termination of employment. These provisions should be carefully drafted to ensure that they are reasonable and enforceable under the law.

5. Confidentiality and Intellectual Property Issues

Executive employment agreements often include provisions regarding the protection of confidential information and intellectual property rights. These provisions typically require the executive to keep confidential any proprietary information obtained during their tenure, and may also include restrictions on the use or disclosure of trade secrets or other intellectual property belonging to the company.

In conclusion, an executive employment agreement should be tailored to the specific needs and circumstances of the company and the executive. It is important to work with an experienced attorney to draft an agreement that is legally enforceable and fully reflects the expectations of both parties. By considering the examples and considerations outlined above, you can ensure that your executive employment agreement effectively protects your interests and sets the stage for a successful partnership.