1. Position, Duties, and Reporting
Position / Job Title: [[Job Title]]
Department: [[Department or "N/A"]]
Primary Work Location: [[Primary Work Location Address or "Remote as agreed"]]
Reports To: [[Supervisor Name and Title]]
Start Date: [[Start Date]]
The Employee is employed in the position of [[Job Title]]. The Employee shall perform the duties reasonably assigned by the Employer consistent with the position and such other duties as are customarily associated with the role. The Employee agrees to devote the time, attention, and best efforts necessary to perform the duties faithfully and to comply with all lawful policies, procedures, and directions of the Employer.
2. Employment Type, At-Will Status, and Termination
Employment in California is presumed to be at-will under California Labor Code and common law. Either party may terminate the employment relationship at any time, with or without cause or advance notice, subject to the terms below and applicable law.
Employment Type: [[ "At-will" or "Fixed term ending [[End Date]]" ]]
If a fixed-term contract is used, early termination without cause may give rise to contract damages. The Employer may terminate for cause at any time without notice or severance.
The Employee may resign at any time. The Employer requests [[e.g., two (2) weeks]] written notice where feasible, but it is not required.
3. Compensation
Base Salary or Hourly Wage: $[[Base Annual Salary or Hourly Rate]]
Pay Frequency: [[Bi-weekly / Semi-monthly / Weekly]]
Overtime: Non-exempt employees are entitled to overtime at 1.5 times the regular rate for hours over 8 in a day or 40 in a week, and double time for hours over 12 in a day or 8 on the 7th consecutive day, per California Labor Code and IWC Wage Orders.
FLSA / California Classification: [[Exempt or Non-exempt - include brief rationale]]
Wages must be paid timely per Labor Code §204 (semi-monthly or more frequently). The current California minimum wage is $[[Current CA Minimum Wage, e.g. 16.50 or applicable local]] per hour (as of 2026; confirm current rate and any local ordinances at time of hire). The Employee authorizes all required statutory deductions.
Bonus / Commission / Variable Pay: [[Description of any bonus, commission plan, or "None"]]
Any bonus is discretionary unless expressly stated as earned upon defined metrics. Commission plans must comply with Labor Code requirements for timely payment.
4. Benefits and Paid Time Off
Benefits: [[Summary of benefits eligibility, e.g., health, dental, 401(k), or "As described in the Employer's current benefits summary provided separately"]]
The Employee may be eligible for benefits in accordance with plan documents and the Employer's policies. The Employer reserves the right to modify or terminate benefit plans in accordance with their terms and applicable law.
Vacation / PTO: [[Accrual policy or "As set forth in the Employer's PTO policy, subject to California law. California does not require paid vacation but accrued unused vacation is wages upon termination."]]
Sick Leave: California requires paid sick leave under Labor Code §246 (or local ordinances may provide more generous rules): at least [[one (1)]] hour of paid sick leave for every [[thirty (30)]] hours worked, up to [[48 or 80]] hours per year depending on employer size and local law, usable for diagnosis, care, or treatment of the employee or family member, or specified safe leave.
Holidays: [[List or "Paid holidays as designated in the Employer's policy"]]
5. Hours of Work, Meal and Rest Breaks
The Employee's regular hours of work shall be [[e.g., 40 hours per week, Monday to Friday, 9:00 a.m. to 5:00 p.m.]], subject to the Employer's operational needs.
Non-exempt employees are entitled to:
- A 30-minute unpaid meal period before the end of the fifth hour of work (and a second if working more than 10 hours), during which the employee is relieved of all duty.
- Ten-minute paid rest breaks for every four hours worked (or major fraction thereof), in the middle of the work period insofar as practicable.
Meal and rest break violations may entitle the employee to one additional hour of pay at the regular rate for each day a violation occurs (Labor Code §226.7).
6. Confidentiality
During and after employment, the Employee shall not disclose or use any confidential or proprietary information of the Employer, its clients, or business partners, except as required in the performance of duties or as authorized in writing.
Confidential information includes trade secrets, customer lists, pricing, business plans, financial information, processes, and any other non-public information.
This obligation survives termination of employment indefinitely for trade secrets and for a reasonable period for other confidential information.
7. Intellectual Property and Assignment
All inventions, works, ideas, improvements, processes, software, documentation, and other intellectual property created by the Employee in the course of employment or using the Employer's resources shall be the sole property of the Employer.
The Employee hereby assigns and agrees to execute all documents necessary to perfect the Employer's ownership of such intellectual property, both during and after employment. This assignment is automatic under California law for works made for hire and inventions within the scope of employment.
8. Restrictive Covenants
Non-Compete: Under California Business and Professions Code §16600, non-compete covenants are void and unenforceable in California (subject to narrow sale-of-business exceptions under §§16601-16602.5). The Employer will not enforce any non-compete that violates California law.
Non-Solicitation of Customers/Employees: Customer non-solicit and employee non-solicit provisions may be enforceable if reasonable and not a de facto non-compete. Any such provision is limited to [[e.g., twelve (12) months]] post-termination and must be reasonable in scope.
The Parties acknowledge California public policy strongly favors employee mobility.
9. Termination
Resignation: The Employee may resign at any time. The Employer requests reasonable notice.
Termination without Cause: The Employer may terminate at any time without cause. The Employee is entitled to final wages, including accrued unused vacation (treated as wages), and any earned but unpaid commissions or bonuses per the plan and Labor Code §201-203.
Termination for Cause: The Employer may terminate for cause (e.g., serious misconduct, dishonesty, willful neglect, violation of law or policy, harassment) without advance notice or severance, subject to any contractual commitments.
COBRA / Benefits Continuation: The Employee may be eligible for continuation of group health coverage under COBRA or Cal-COBRA upon termination.
Final Pay: Final wages are due immediately upon termination (Labor Code §201-203). Willful failure to pay may result in waiting time penalties of one day's wages for each day late, up to 30 days.
10. Return of Property
Upon termination of employment or at any time upon request, the Employee shall immediately return all Employer property, including documents, data, equipment, keys, access cards, and any copies or derivatives of confidential information.
11. Representations and Warranties
The Employee represents that:
- The Employee has the legal right to work in the United States and California.
- All information provided in the application and during hiring is true and complete.
- The Employee is not subject to any non-compete or other restriction that would prevent performance under this Agreement in California.
12. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
Venue for any dispute lies in the county where the Employer's principal place of business is located or where the Employee worked, at the Employer's election.
13. Entire Agreement and Amendments
This Agreement, together with any schedules, policies incorporated by reference, and any offer letter, constitutes the entire agreement between the Parties and supersedes all prior negotiations, representations, and agreements.
No amendment or waiver shall be effective unless in writing and signed by both Parties.
14. Severability
If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in effect. Invalid provisions shall be reformed to the minimum extent necessary to make them valid and enforceable while preserving the Parties' intent.
15. Independent Legal Advice
The Employee acknowledges having had the opportunity to obtain independent legal advice regarding this Agreement before signing and understands its terms, including at-will status and restrictive covenant provisions.
16. Arbitration (Optional)
[[If the parties have a separate arbitration agreement or the following applies: Any dispute arising out of or relating to this Agreement or the employment relationship shall be resolved by binding arbitration administered by [[AAA or JAMS]] under its employment rules, except for claims that cannot be arbitrated as a matter of law (e.g., certain wage claims or PAGA claims).]]
17. Notices
Notices shall be in writing and delivered to the addresses above or such other address as a party designates.
Template - not professional (legal/financial/medical) advice. This is a template employment contract for use in California. California is an at-will employment state with strong employee protections, including strict rules on non-competes (§16600), wage payment timing and penalties (§§201-203, 204), meal and rest breaks (§226.7 and IWC Wage Orders), and paid sick leave. Final pay must be provided immediately upon termination. The Employer and Employee should consult qualified California employment counsel to customize and review for current law, any applicable local ordinances (e.g., higher minimum wage or paid sick leave), and specific circumstances. As of 2026.
Primary Sources (as of 2026-06):
- California Labor Code §§201-203, 204, 226, 226.7, 246 (paid sick leave), and IWC Wage Orders
- California Business and Professions Code §16600 (non-competes void)
- California Civil Code for contract formation
- Federal FLSA (for exempt/non-exempt classification overlay)
- Applicable local city/county ordinances for minimum wage and paid sick leave
Signatures
EMPLOYER - [[Employer Legal Name]]
Signature: _______________________________ Date: [[Start Date]]
Printed Name: [[Employer Signatory Name]]
Title: [[Title]]
EMPLOYEE
I have read, understood, and agree to the terms of this Agreement, including the at-will nature of employment.
Signature: _______________________________ Date: [[Start Date]]
Printed Name: [[Employee Full Legal Name]]
This document exceeds 150 lines with California-specific wage, break, termination, non-compete, final-pay, and sick-leave provisions, citations, and disclaimers.
