EMPLOYMENT CONTRACT
BETWEEN
______APEX HAULERS LLC______________(THE “EMPLOYER”)
AND
______________________________________________(THE “EMPLOYEE”)
__________________________________________________________________________________
THIS AGREEMENT is made on the …………. day of……….20……., (Effective Date) entered into
by the Employer of _____________________________(address) and the Employee of
______________________________(address) (Employer and Employee collectively referred to as the
“Parties” or individually as the “Party”) and includes that Party’s successors and assigns.
WHEREAS the Employer desires to retain the services of the Employee, and the Employee desires to
render such services, these terms and conditions are set forth.
IN CONSIDERATION of this mutual understanding, the parties agree to the following terms and
conditions:
1. COMMENCEMENT AND DURATION
This agreement shall be valid from the Effective Date until _________________date.
2. EMPLOYMENT
The Employee agrees that they will professionally, faithfully, and to the best of their ability to carry
out the duties and responsibilities communicated to them by the Employer. The Employee shall
comply with this agreement, all Employer policies, rules, and procedures and the industry standards at
all times.
3. POSITION
As a ______________________________[job title], it is the duty of the Employee to perform all
essential job functions and duties. From time to time, the Employer may also add other duties within
the reasonable scope of the Employee’s work. The Employee accepts employment with the Employer
on the terms and conditions outlined in this contract and agrees to devote their time and attention to
the professional performance of their duties.
Specifically, and without limiting the generality of the above, the Employee shall:
Load securements; the Employee will incur liability for failure to secure the load properly; and
Adhere to DOT requirements including the electronic data logging (ELD), and safety
regulations.
4. COMPENSATION
As compensation for the services provided, the Employee shall be paid $ 1,099 on a weekly basis.
5. BENEFITS
The Employee has the right to participate in any benefits plans offered by the Employer. Access to
these benefits will only be possible after the probationary period has passed.
The Employer currently offers the following benefits: [list benefits, if any].
__________________________________________________________________________________
6. PROBATIONARY PERIOD
It is understood that the first _____________months of employment constitutes a probationary period.
During this time, the Employee is not eligible for paid time off or other benefits.
7. PAID TIME OFF
Following the probationary period, the Employee shall be eligible for the following paid time off:
• ______________vacation days.
• _______________sick/personal days
• Bereavement leave may be granted if necessary.
The Employer reserves the right to modify any paid time off policies.
8. LIABILITY
The Employee agrees to indemnify, hold harmless and defend the Employer and his officers,
employees, and agents from and against any incidental, consequential, indirect, or special damages
caused or alleged to have been caused herein.
9. EXPENSES
The Employee shall not be entitled to reimbursement for any expenses except those previously
approved in writing by the Employer.
10. EXCLUSIVITY
During the employment, the Employee may not engage in any work for another employer that is
related to or in competition with the Employer. The Employee will fully disclose to the Employer any
other employment relationships they have, and will be permitted to seek other employment provided
that:
(a) It does not detract from their ability to fulfill their duties; and
(b) They are not assisting another organization in competing with the Employer.
11. NON-SOLICITATION
The Employee shall not interfere with the Employer’s relationship with, or endeavor to entice away
from the Employer, the Employer’s clients, or any person who had a material business relationship
with the Employer in the duration of this agreement.
12. NON-COMPETE
The Employee shall not directly or indirectly engage in the businesses in which the Employer engages
in or in which the Employer has an actual intention, to engage in, within ____________miles from the
premises in which the Employer is then conducting such business for (2) years after the termination of
this agreement.
13. NON-ASSIGNMENT
The Employee shall not transfer or assign this agreement without the Employer’s consent. However,
the Employer may transfer or assign this agreement or subcontract its obligations hereunder at any
time without the Employee’s consent. If the Employer does so, anyone to whom the Employer
transfers, assigns, or subcontracts any or all of its obligations will have all of the Employer’s rights to
such obligations.
14. RETURN OF THE PROPERTY
The Employee agrees to return any Employer property upon termination or demand by the Employer.
All property should be returned in the same condition it was in at issuance failure to which damages
shall become payable. Reasonable wear and tear will be allowed.
15. DISPUTE RESOLUTION
Parties agree to settle disputes under this agreement through Litigation.
16. COURT COSTS AND ATTORNEYS’ FEES
In any action under this agreement, the prevailing Party shall be entitled to recover costs of court and
reasonable attorneys’ fees from the other Party, which fees shall be in addition to any other relief that
may be awarded.
17. TERMINATION
The Employee may terminate this Agreement, upon giving the Employer no less than 7 days’
notice in writing. If the Employee wishes to terminate the contract with less than this stated
period, the Employer reserves the right to charge costs that they have already paid in advance
or incurred.
The Employer may terminate this agreement at any time without notice due to breach of this
agreement.
This Agreement may be terminated at any time by mutual written agreement of the Parties.
The termination of this Agreement shall not discharge the liabilities accumulated by either
Party.
Any Clauses intended by the Parties or this Agreement to survive the termination of this
Agreement shall survive the termination of this Agreement by whatever cause.
18. CONFIDENTIALITY
The Employee will have access to Employer information that is the property of the Employer. They
are not permitted to disclose this information, whether such information is stated to be confidential or
not, without the express written permission of the Employer unless otherwise provided by law. The
Employee shall not use for personal use or allow others to use the Employer’s information to the
detriment of the Employer; they shall only use the Employer’s information to execute your duties
under this agreement.
19. DRAFTING RESPONSIBILITY
Neither party shall be held to a higher standard than the other party in the interpretation or
enforcement of this Contract as a whole or any portion hereof based on drafting responsibility.
20. ENTIRETY
This contract represents the entire agreement between the two parties and supersedes any previous
written or oral agreement. This agreement may be modified at any time, provided the written consent
of both the Employer and the Employee.
21. LEGAL AUTHORIZATION
The Employee agrees that they are fully authorized to work in the United States (US) and can provide
proof of this with legal documentation. This documentation will be obtained by the Employer for legal
records.
22. SEVERABILITY
The parties agree that if any portion of this contract is found to be void or unenforceable, it shall be
struck from the record, and the remaining provisions will retain their full force and effect.
23. JURISDICTION
This contract shall be governed, interpreted, and construed in accordance with the laws of Florida
without regard to its conflicts of law provisions.
Both parties whose signatures appear below hereby warrant that they are fully authorized and entitled
to enter into this agreement and do so agree on the dates written below by affixing their signatures
below.
Employee Signature
Date
Employer
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