EMPLOYMENT AGREEMENT
This Employment Agreement ("Agreement") is entered into as of [[Effective Date]] between:
Employer: [[Employer Full Legal Name or Company Name]], a [[Georgia corporation / LLC / other]] ("Employer" or "Company")
Address: [[Company Street Address, City, Georgia, ZIP Code]]
Employee: [[Employee Full Legal Name]] ("Employee")
Address: [[Employee Street Address, City, State, ZIP Code]]
(Employer and Employee are together the "Parties.")
1. Employment
1.1 Position. Employee is employed as [[Job Title]], reporting to [[Supervisor Name and Title]].
1.2 Start Date. Employment commences on [[Start Date]].
1.3 Duties. Employee shall perform the duties described in Exhibit A (Job Description) and such other duties as reasonably assigned by Employer consistent with Employee's role.
1.4 Time and Effort. Employee shall devote their full professional time and best efforts to Employer's business, unless Employer approves outside employment in writing.
1.5 Work Location:
- [ ] In-Office: [[Office Address, City, Georgia]]
- [ ] Remote: Employee works remotely from [[State]] subject to Employer's remote policy.
- [ ] Hybrid: [[Describe schedule]]
2. Term of Employment
Select one:
[ ] 2A - AT-WILL EMPLOYMENT (Georgia Default):
Employment is at-will under O.C.G.A. § 34-7-1. Either Party may terminate at any time for any reason or no reason, with or without cause, subject to any notice or severance provisions herein. The at-will nature of employment may be modified only by a written amendment signed by an officer of Employer and Employee.
[ ] 2B - FIXED-TERM EMPLOYMENT:
Employment is for a fixed term from [[Start Date]] through [[End Date]], unless earlier terminated pursuant to Section 12. At the end of the fixed term:
- [ ] Employment converts to at-will; OR
- [ ] Agreement expires automatically.
Notice Period: In connection with termination, each Party shall give [[2-weeks' / 30-days']] advance written notice (Employer may waive notice and pay salary in lieu thereof).
3. Compensation
3.1 Base Compensation. Employer shall pay Employee:
- [ ] Annual Salary: $[[Annual Salary]], payable [[bi-weekly / semi-monthly / weekly]] (approximately $[[Per-Pay-Period Amount]] per pay period), less all legally required withholdings.
- [ ] Hourly Wage: $[[Hourly Rate]] per hour, with overtime at 1.5× for all hours over 40 in a workweek, pursuant to the FLSA.
3.2 FLSA Classification. Employee is classified as:
- [ ] Exempt under the FLSA - [[Executive / Administrative / Professional / Highly Compensated / Outside Sales / Computer Employee]] exemption (29 C.F.R. Part 541). Salaried; no overtime paid.
- [ ] Non-Exempt - Entitled to FLSA overtime at 1.5× for hours over 40/week.
Georgia has no state overtime law separate from the FLSA.
3.3 Georgia Minimum Wage. Georgia's state minimum wage is $5.15/hour (O.C.G.A. § 34-4-3), which is below the federal minimum of $7.25/hour. The federal minimum wage of $7.25/hour governs (29 U.S.C. § 206(a)) for all covered employees. This Agreement shall not pay Employee below the applicable federal minimum wage. (Verify if any local Georgia ordinance applies.)
3.4 Pay Frequency. Georgia does not mandate a specific pay period for most private employers. Employer pays on a [[bi-weekly / semi-monthly / weekly]] schedule.
4. Bonus and Incentive Compensation
4.1 Discretionary Bonus. Employee is eligible for an annual bonus targeted at [[___%]] of annual base salary, based on performance goals in Exhibit B. Bonuses are discretionary and are not guaranteed. Employee must be employed on the date the bonus is paid to receive it.
4.2 Commission. [If applicable] Employee may earn commissions under the plan in Exhibit C, subject to change by Employer upon [[30 days']] written notice.
4.3 Equity. Employee is [ ] eligible / [ ] not eligible for equity awards subject to a separate equity agreement.
5. Benefits
5.1 Health Insurance. [[Company group health plan / Employee responsibility / not offered]] - Employee's premium share: [[Description]].
5.2 Dental and Vision. [[Offered / Not offered]].
5.3 Retirement Plan. [[401(k) with match of ___% / No plan offered]].
5.4 PTO and Vacation. Employee accrues [[number]] days of paid time off per year. Georgia has no state-mandated PTO or vacation law for private employers; all PTO terms are governed by this Agreement and Employer's policy. Employer's policy on PTO payout at termination: [[Paid out / Forfeited / Paid only if __ days' notice given]].
5.5 Sick Leave. [[Number of days / Covered under PTO / Not separately provided]]. Georgia does not mandate paid sick leave for private employers as of June 2026. (Verify for any local ordinance.)
5.6 Holidays. [[Number]] paid holidays per Company schedule.
5.7 Other Benefits. [[List additional benefits or "None"]].
5.8 Policy Changes. Employer reserves the right to modify benefit plans in accordance with applicable law and plan terms.
6. Confidential Information and Trade Secrets
6.1 Definition. "Confidential Information" includes all non-public information of Employer or its clients, including business strategies, financial data, customer lists, technical data, pricing, product formulas, proprietary processes, and trade secrets.
6.2 Employee Obligations. During and after employment, Employee shall:
- (a) Maintain all Confidential Information in strict confidence;
- (b) Use Confidential Information only in performing employment duties;
- (c) Not disclose Confidential Information to any third party without prior written consent; and
- (d) Promptly return all Confidential Information upon termination.
6.3 Georgia Trade Secrets Act. Confidential Information may constitute trade secrets under the Georgia Trade Secrets Act (O.C.G.A. §§ 10-1-760 to 10-1-767). Employee agrees not to misappropriate any trade secrets as defined therein.
6.4 DTSA Immunity. Pursuant to the Defend Trade Secrets Act (18 U.S.C. § 1833(b)): an employee shall not be held criminally or civilly liable for disclosure of a trade secret in confidence to a government official or attorney solely for purposes of reporting a suspected violation of law, or in a complaint filed under seal in a lawsuit.
6.5 Duration. Confidentiality obligations continue indefinitely for trade secrets and for [[2 / 3 / 5]] years after termination for other Confidential Information.
7. Intellectual Property Assignment
7.1 Work Made for Hire. All copyrightable work product created within the scope of employment is "work made for hire" (17 U.S.C. § 101) and is Employer's sole property.
7.2 Assignment. Employee irrevocably assigns to Employer all right, title, and interest in all Inventions (as defined below) that Employee creates, conceives, or reduces to practice:
- (a) Within the scope of employment;
- (b) Using Employer's resources, facilities, time, or information; OR
- (c) Relating to Employer's actual or anticipated business or R&D.
"Inventions" means inventions, discoveries, improvements, software, processes, formulas, designs, and other work product.
7.3 Prior Inventions. Pre-existing inventions listed in Exhibit D are excluded from this assignment. Employer claims no interest in listed prior inventions.
7.4 Assistance. Employee shall execute all documents and take all actions necessary to perfect Employer's IP rights, including patent, copyright, and trademark filings.
7.5 No Georgia Employee Invention Statute. Georgia has no statute protecting employee inventions from assignment (unlike California). The assignment above applies broadly to all Inventions described.
8. Georgia Restrictive Covenants
8.1 Governing Law - Georgia Restrictive Covenants Act
Georgia's Restrictive Covenants Act (O.C.G.A. §§ 13-8-50 to 13-8-59), enacted in 2011 after a constitutional amendment, significantly changed Georgia non-compete law. Key features:
- Courts may blue-pencil (reform/modify) overly broad agreements rather than void them entirely;
- Agreements must protect a legitimate business interest (customer relationships, trade secrets, substantial investment in training);
- Reasonable time, geographic, and scope limitations are required;
- One year is presumptively reasonable for employees with access to trade secrets and customer relationships; two years may be reasonable for executive-level employees.
FTC Non-Compete Rule Note: The FTC's April 2024 non-compete ban was vacated by federal courts (Ryan LLC v. FTC, Aug. 2024). As of June 2026, the FTC Rule is not in effect. Georgia's O.C.G.A. §§ 13-8-50 to 13-8-59 governs. Consult counsel for any subsequent regulatory developments.
8.2 Non-Competition
During employment and for [[6 months / 1 year / 2 years]] following termination of employment for any reason ("Restricted Period"), Employee shall not, directly or indirectly:
- Own, operate, manage, control, be employed by, consult for, or otherwise engage in any competing business (as defined below) within [[the State of Georgia / the following counties: _____ / the territories where Employee had responsibility during the last 2 years of employment]] (the "Restricted Territory").
"Competing business" means any business that [[describe competitive scope: e.g., "provides software-as-a-service products in the human resources technology sector"]].
Legitimate Business Interests: This restriction is supported by the following legitimate business interests (O.C.G.A. § 13-8-51(9)):
- [ ] Employer's substantial investment in specialized training provided to Employee;
- [ ] Trade secrets and confidential information;
- [ ] Substantial relationships with specific existing or prospective customers;
- [ ] Customer goodwill associated with the business; and/or
- [ ] Other: [[Describe]].
8.3 Non-Solicitation of Customers
During employment and for [[1 / 2]] years after termination, Employee shall not directly or indirectly solicit or attempt to divert any customer or prospective customer of Employer with whom Employee had material contact during the last [[12 / 24]] months of employment.
8.4 Non-Solicitation of Employees
During employment and for [[1 / 2]] years after termination, Employee shall not directly or indirectly recruit, solicit, or induce any employee or contractor of Employer to terminate their relationship with Employer.
8.5 Blue-Pencil Modification
Pursuant to O.C.G.A. § 13-8-53(d), if any restrictive covenant provision is overbroad, a court shall modify it to make it reasonable and enforceable rather than voiding it.
8.6 Remedies
A breach of Sections 8.2-8.4 will cause irreparable harm for which money damages are inadequate. Employer shall be entitled to seek injunctive relief and all other available remedies (O.C.G.A. § 13-8-54 - injunctive relief available), including attorneys' fees and lost profits.
9. Non-Disparagement
During and after employment, Employee shall not make materially false or defamatory statements about Employer, its officers, directors, employees, products, or services, in any medium, subject to truthful statements and rights protected by the NLRA.
10. Employer Policies
Employee agrees to comply with all Employer policies, including those in the Employee Handbook (as amended). Employer's policies are not contractual obligations and may be changed at any time. Policy violations may result in discipline up to and including termination.
11. Background Check and Drug Testing
11.1 Background Check. Contingent on satisfactory FCRA-compliant background check. Separate authorization required.
11.2 Drug Testing. [ ] Required / [ ] Not required. Georgia's drug-free workplace rules (O.C.G.A. § 34-9-415) allow Employer to implement a drug-testing program; workers' compensation benefits may be denied for injuries related to drug use.
12. Termination
12.1 By Employee. Employee may resign upon [[2-weeks' / 30-days']] written notice. Employer may accept resignation effective immediately.
12.2 By Employer Without Cause (At-Will). Employer may terminate at any time without cause.
12.3 By Employer With Cause. Employer may terminate immediately for Cause, including: material breach of this Agreement; fraud, dishonesty, or theft; gross misconduct; criminal conviction; repeated performance failure after written notice; or material policy violation.
12.4 Severance:
- [ ] No severance - only accrued salary and required PTO payout.
- [ ] Severance - [[___ weeks' / months' salary]], contingent upon a signed release of claims within [[21 / 45]] days of termination.
12.5 Final Paycheck. Georgia requires that a terminated employee's final paycheck be paid on the next regular payday following termination (O.C.G.A. § 34-7-2).
12.6 Return of Property. Employee shall return all Employer property immediately upon termination.
13. Dispute Resolution
13.1 Governing Law. This Agreement is governed by the laws of the State of Georgia.
13.2 Arbitration. Any employment dispute shall be resolved by binding arbitration administered by [[AAA / JAMS]] under its Employment Arbitration Rules, in [[City, Georgia]], with one arbitrator. The FAA governs arbitrability.
13.3 Injunctive Relief Exception. Either Party may seek emergency injunctive relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration, including to enforce the restrictive covenants.
14. General Provisions
14.1 Entire Agreement. This Agreement (with all Exhibits) supersedes all prior agreements and understandings regarding Employee's employment.
14.2 Severability. If any provision is unenforceable, the remainder continues in effect. Restrictive covenants shall be blue-penciled (O.C.G.A. § 13-8-53(d)) rather than voided.
14.3 Amendment. Modifications require a written amendment signed by both Parties.
14.4 Venue. Disputes not subject to arbitration shall be brought in [[County Name]] County, Georgia.
14.5 Counterparts; Electronic Signatures. Signed in counterparts; electronic signatures are valid.
Signatures
EMPLOYER:
Signature: ______________________________
Printed Name: [[Authorized Signatory Name]]
Title: [[CEO / President / HR Director / Other]]
Date: ______________________________
EMPLOYEE:
I have read and understand this Agreement, including the restrictive covenants in Section 8, and had the opportunity to consult with legal counsel before signing.
Signature: ______________________________
Printed Name: [[Employee Full Legal Name]]
Date: ______________________________
Exhibit A - Job Description
Position: [[Job Title]] | Department: [[Department]] | Reports To: [[Supervisor]]
Key Responsibilities: [[List responsibilities]] | Required Qualifications: [[List]]
Exhibit B - Performance Bonus Targets
| Goal | Weight | Metric | Target |
|---|---|---|---|
| [[Goal 1]] | [[__%]] | [[KPI]] | [[Target]] |
| [[Goal 2]] | [[__%]] | [[KPI]] | [[Target]] |
| Total | 100% | | |
Exhibit C - Commission Plan (if applicable)
[[Commission structure, calculation, payment timing, clawback - or "Not applicable"]]
Exhibit D - Employee's Prior Inventions
| Description | Approximate Date |
|---|---|
| [[Prior invention, if any]] | [[Date]] |
(If blank, Employee confirms no prior inventions to exclude.)
> DISCLAIMER: This document is a template for informational purposes only and does not constitute legal advice. Georgia employment law (O.C.G.A. § 34-7-1 at-will employment; O.C.G.A. §§ 13-8-50 to 13-8-59 Georgia Restrictive Covenants Act; O.C.G.A. §§ 10-1-760 to 10-1-767 Georgia Trade Secrets Act) governs this Agreement. FLSA exemption classification requires fact-specific legal analysis. The FTC Non-Compete Rule is currently not in effect as of June 2026. No attorney-client relationship is created by use of this template.
Sources (as of June 2026):
- O.C.G.A. § 34-7-1 (Georgia at-will employment doctrine)
- O.C.G.A. § 34-7-2 (Georgia final paycheck on next regular payday)
- O.C.G.A. § 34-4-3 (Georgia state minimum wage - $5.15/hr; FLSA federal minimum $7.25/hr governs)
- O.C.G.A. §§ 13-8-50 to 13-8-59 (Georgia Restrictive Covenants Act - enacted 2011)
- O.C.G.A. § 13-8-53(d) (blue-pencil/modification of overly broad covenants)
- O.C.G.A. § 13-8-54 (injunctive relief for restrictive covenant violations)
- O.C.G.A. §§ 10-1-760 to 10-1-767 (Georgia Trade Secrets Act)
- O.C.G.A. § 34-9-415 (Georgia drug-free workplace - workers' compensation)
- FLSA, 29 U.S.C. §§ 201-219 (federal minimum wage and overtime)
- 29 C.F.R. Part 541 (FLSA overtime exemption classifications)
- Defend Trade Secrets Act (DTSA), 18 U.S.C. § 1836 et seq.
- Ryan LLC v. FTC (N.D. Tex., Aug. 2024) - FTC non-compete rule vacated
