EMPLOYMENT AGREEMENT

EMPLOYMENT AGREEMENT

This Employment Agreement, hereinafter referred to as “Agreement,” is entered into and made effective as of the date set forth at the end of this document by and between the following parties: [NAME OF COMPANY], a Limited Liability Company organized under the laws of the state of Texas, having its principal place of business at the following address [ADDRESS]

AND

______________________________________________, an individual, having a primary address at the following:

__________________________________________________________________

__________________________________________________________________

Hereinafter, “Employer” will refer to and be used to describe the following party: [NAME OF COMPANY]. “Employee” will refer to and be used to describe the following party: ______________________________________________

Employer and Employee may be referred to individually as a “Party” and collectively as “Parties.”  

RECITALS:

WHEREAS, Employer wishes to retain Employee for certain work-related services,

WHEREAS, Employee wishes to render such services to Employer.

NOW, therefore, in consideration of the promises and covenants contained herein, as well as other good and valuable consideration (the receipt and sufficiency of which is hereby acknowledged), the Parties do hereby agree as follows:  

  1. TYPE OF EMPLOYMENT

This Agreement is made for a permanent, 1099 contractor position.  

  • POSITION

Employer will employ Employee in the following position: Truck Driver (“Position”). In this Position, Employee will report to the following: COO/Operation Manager. Employee will be responsible for the following duties:

  • Pick up and deliver freight of all kind from assigned customers with a positive attitude and exceptional customer service.  
  • Complete all pre/post-trip inspection paperwork before and at the end of the shift.
  • Follow all DOT safety regulations.
  • Report to management with any concerns.
  • Communicate with management and/or dispatch during the trip with updates on location and estimated time of arrival.
  • Maintain a clean & smoke free work vehicle.
  • Be on time for all pickup and deliveries.
  • Communicate immediately with management and/or dispatch in any instance there is a problem or delay.
  • Ensure equipment is properly secured when hauling.
  • Must be able to use straps, tarps, chains & binders to secure loads.
  • Ensure that equipment and accessories are secured and locked into place when not hauling.
  • Send full copy to management of signed Bill of Lading when loaded from the shipper via CamScanner.
  • Send full copy to management of signed Bill of Lading when unloaded from the customer via CamScanner.
  • While driving speed limit will be at a max of 68MPH to ensure fuel efficiency.
  • Must communicate with management if there is any vehicle maintenance issue. Must be able to commute to pick up and drop off work vehicle & equipment.
  • All fuel receipts and BOLS must be kept in the binder in the work vehicle.
  • At fuel stops communicate with management with an updated ETA.  Communicate with management when you are stopping for rest and when you resume driving.
  • Employee will also be responsible for other duties as may be assigned and may arise from time to time.
  • Employee will abide by the posted speed limits while operating the commercial vehicle and equipment. If the Employee receives a speeding ticket the Employee will be responsible for the cost and Employee may be subject to termination.
  • Employee will plan trips accordingly in consideration of Hours of Service. If an appointment time is missed due to Employee’s time management, Employee may be subject to termination.  
  • Employee will operate the commercial vehicle always using the Electronic Log Device (ELD). If the Employee disconnects the ELD to operate illegally and against the FMCSR’s Hours of Service the Employee may be subject to termination.  
  • Employee is required to perform daily Pre and Post Trip Inspections. If it is found that a maintenance cost could have prevented by performing a Pre and Post Trip Inspection the Employee will be held financially responsible.  
  • Employer reserves the right to change Employee’s title, as well as Employee’s duties, reporting relationships, and other details of employment with the exception of hours and compensation, as may be determined necessary by Employer.
  • Employer agrees to maintain Employee’s positions and duties as such as may be consistent with Employee’s experience, education, training, and/or other qualifications.
  • EMPLOYMENT

The terms and conditions of the relationship between Employer and Employee shall be determined by any applicable policies and procedure manuals, employee manuals, or other written governing documents belonging to and utilized by Employer and

Employer’s company, as well as by this Agreement. In case of any dispute or conflict between this Agreement and other written policies and/or procedures owned and utilized by Employer or Employer’s company, this Agreement shall govern.  

  • EMPLOYEE COVENANTS

Employee agrees to carry out and perform the duties required by the Position to the best of Employee’s skill, ability, and experience. Employee agrees to execute the position faithfully and in compliance with any of Employer’s instructions, written and/or oral, announced by Employer. Employee further acknowledges and agrees that Employer may change Employee’s position, title, assignments, duties, responsibilities, and reporting requirements at any time, and in Employer’s sole and exclusive discretion. Employee agrees that any such change will not result in termination of this Agreement. Employee further represents and warrants that it is not a party to or bound by any other employment agreement or contractual obligation which would prevent Employee from entering into this Agreement or fully performing the employment duties hereunder.

  • COMPENSATION

For the services performed by Employee under the terms of this Agreement, Employee will be a 1099 Contractor. Employee will receive the following commission compensation structure:

  • SCHEDULE & LOCATION
    • Employee is expected to work within the following schedule: 
  • The specifics of Employee’s work structure are as follows:

Employee is expected to follow the all of the Federal Motor Carrier Safety Regulations Hours of Service.  

  • VACATION & HOLIDAYS

Employee must provide a written request of time needed off at least 14 days in advance.

Employee may also receive certain company-wide or national holidays off, which may or may not be compensated in Employer’s sole and exclusive discretion.

  • TERM & TERMINATION

The relationship between Employer and Employee shall be considered at-will. The starting date for the employment is ________ (“Starting Date”). Employee will be expected to begin work on the Starting Date. This Agreement shall continue in full effect until terminated by either of the parties as outlined below.

  1. Employer may terminate this Agreement at any time, with or without notice, for any reason or no reason at all. Employer does not need cause to terminate Employee’s employment.
  2. Employee may terminate this Agreement at any time, by giving the employer not less than 14 business days written notice. Oral notice shall not suffice. Failure to give Employer a 14-day written notice will result in the remaining checks forfeited. If the Employee abandons the equipment and/or does not return the equipment to the home terminal (COMPANY ADDRESS) the remaining checks will be forfeited.
  3. PERFORMANCE REVIEWS

Employee shall be subject to performance review at the following intervals: Monthly.  

  1. PROPERTY

If Employee has obtained any property belonging to Employer in the course of the Employment relationship, Employee agrees to return such property fully, with no damage thereto, at the termination of this Agreement.

The employee will conduct monthly inventory and send a signed copy to management. If inventory on the truck and/or trailer is lost or damaged the employee will be held financially responsible.

  1. NON-COMPETITION

Upon termination of this Agreement, Employee acknowledges and agrees that Employee shall not engage, directly or indirectly, as proprietor, partner, officer, employee or otherwise, in the same or similar activities as were performed for Employee in any business within the same city as Employee’s business for one year after the termination of this Agreement. Employee is also prohibited from hiring or attempting to hire any of Employer’s other employees or staff. Employee shall also be prohibited from soliciting any business from current clients of Employer for a period of one year.

  1. INTELLECTUAL PROPERTY

Employee hereby covenants and agrees not to release or otherwise disclose any Trade Secret Information, as hereinafter defined, that Employee may have received in the course of the employment. Trade Secret Information includes, but is not limited to, any formula, process, method, pattern, design, or other information that is not known or reasonably ascertainable by the public, consumers, or competitors through which, and because of such secrecy, an economic or commercial advantage can be achieved. If Employee received any Confidential Information, as hereinafter defined, not subject to trade secret protection, Employee shall maintain the secrecy of such information for a period of three (3) years after the termination of this Agreement. Confidential Information shall be defined as any information which is confidential and commercially valuable to Employer. Confidential Information may be in the form of documents, techniques, methods, practices, tools, specifications, inventions, patents, trademarks, copyrights, equipment, algorithms, models, samples, software, drawings, sketches, plans, programs or other oral or written knowledge and/or secrets and may pertain to, but is not limited to, the fields of research and development, forecasting, marketing, personnel, customers, suppliers, intellectual property and/or finance or any other information which is confidential and commercially valuable to Employer. Confidential Information shall not mean any information which:

  1. is known or available to the public at the time of disclosure or became known or available after disclosure through no fault of the Employee;
  2. is already known, through legal means, to the Employee;
  3. is given by the Employer to third parties, other than the Employee, without any restrictions;
  4.  is given to the Employee by any third party who legally had the Confidential Information and the right to disclose it; or
  5. is developed independently by the Employee and the Employee can show such independent development.
  6. ARBITRATION

Should any dispute arise between Employer and Employee regarding this Agreement or the employment relationship in general, including but not limited to, the hiring process, Employee’s performance and/or any possible termination, Employer and Employee will confer in good faith and attempt to resolve such dispute. If the Parties are unable to resolve the dispute, and should either Party desire to pursue a claim against the other Party, the only resource available to Employer and/or Employee will be final and binding arbitration. The arbitration shall be held in the state of Tennessee and be shall be conducted by an impartial third-party arbitrator. The arbitration shall be confidential.

  1. ASSIGNMENT

Employer’s rights and obligations under this agreement will inure to the benefit and be binding upon any of Employer’s successors and assignees.  

  1. JURISDICTION & GOVERNING LAW

This Agreement shall be governed in all respects by the laws of the state of Tennessee and any applicable federal laws. Both Parties consent to jurisdiction under the state and federal courts within the state of Tennessee.  

  1. ADVICE OF COUNSEL

Employee acknowledges that Employer has provided Employee with reasonable and sufficient opportunity to obtain independent legal advice regarding this Agreement and any questions about the employment relationship Employee may have. Employee covenants that Employee has either received such independent legal advice prior to executing this Agreement or that Employee has independently and willing chosen not to obtain legal advice and is executing this Agreement without doing so.  

  1. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Parties and supersedes any prior or contemporaneous understandings, whether written or oral.

  1. HEADINGS

Headings to this Agreement are for convenience only and shall not be construed to limit or otherwise affect the terms of this Agreement.  

  1. SEVERABILITY

If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.

  • NO WAIVER

None of the terms of this Agreement shall be deemed to have been waived by any act or acquiescence of either Party. Only an additional written agreement can constitute waiver of any of the terms of this Agreement between the Parties. No waiver of any term or provision of this Agreement shall constitute a waiver of any other term or provision or of the same provision on a future date. Failure of either Party to enforce any term of this Agreement shall not constitute waiver of such term or any other term.

  • NO MODIFICATION

No modification of this Agreement shall be valid unless in writing and executed by both Parties.

  • COUNTERPARTS

This Agreement may be executed in counterparts, all of which shall constitute a single agreement between the Parties. If the dates set forth at the end of this document are different, this Agreement is to be considered effective as of the date that both Parties have signed the Agreement, which may be the later date. Notwithstanding the foregoing, the employment relationship will begin on the Starting Date, as outlined above.

IN WITNESS WHEREOF, the Parties execute the Agreement as follows:   

Name of Employee      Name of Employer Representative  

________________________________ __________________________________

Signature of Employee       Signature of Employer Representative  

________________________________ _________________________________

Date        Date

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