Hirsh Contracts PLS 3006: Employment Agreement Practical Assignment

This assignment presents a drafted employment agreement, created by a student as part of a Contracts Law course at JFK University. The assignment, based on a fact pattern involving a single father seeking a tutor for his four children, requires the drafting of a contract outlining the terms of employment. The agreement covers key aspects such as the employee's position (tutor), duties (including childcare, educational instruction, and meal preparation), salary, benefits (including health and 401k), probationary period, contract renewal, vacation time, and termination clauses. The agreement also addresses dispute resolution through negotiation and mediation, as well as governing law (California law). The document includes clauses on the entire agreement and effectiveness, along with signatures of the employer and employee. The assignment demonstrates the practical application of contract law principles, including offer, acceptance, consideration, and the essential terms of a valid agreement. A bibliography with relevant legal references is also included.

Running head- EMPLOYMENT AGREEMENT
Employment Agreement
Name of the Student
Name of the University
Author Note

1Employment Agreement
EMPLOYMENT AGREEMENT
THIS AGREEMENT made as on the _______ day of __________, 20____, between Mr
Radcliffe [Employer] and Maria Bryson, a Harvard Law alumnus [Employee], in the
province of United States in regards to the support at home the employer need for looking
after the education of the four children (Amy, age 12; Clara, age 8; Sam, age 6; and David,
age 5).
WHEREAS the Employer needs to obtain the benefit of the services of the Employee and the
Employee desires to render such services as per the terms and the conditions set forth
IN CONSIDERATION of the promise and other goods and valuable consideration, the
parties agree upon the following terms and conditions:
1. Employment
The Employee agrees to the fact that he will faithfully and to his best knowledge, conduct all
the duties. The term of the contract is one year, and the duty involves providing educational
instruction and provide care to the four children equally after they come back from school.
2. Position
The Employee would be positioned as a Tutor, and the salary is fixed at $1000
3. Duties
The Employee would pick up the kids from school, and the timings are set for the pick up is 3
PM and stay until 7 PM from Monday to Friday. On these days, the Employee would provide
educational assistance to the four kids and prepare dinner after that. Moreover, adding to that
the Employee would provide additional educational instruction and provide care to the kids
on Saturdays, and the timing is 8 AM-5 PM.
4. Benefits

2Employment Agreement
The Employee will receive a salary of $1,000 per week plus health benefits. The tutor will
also be eligible for a 401k savings plan with a 3% matching benefit
5. Probation
The Employee will have a three-month probationary period, after which the tutor will begin a
one-year term of employment.
6. Renewal
The contract can be renewed for an added year after the initial year expires. After the
renewal year, the parties will be free to renegotiate the contract.
7. Vacation
During the first and each successive year of the employment, a two week paid vacation is
provided to the Employee.
8. Termination
a) Addition to that the Employer inserts a clause where the termination pf the Employee
can be done for “good cause,” upon the discretion of the Employer before the one-
year contract period expires under the California Law.
b) In the occasion of a dispute concerning the employment as a tutor, between the parties
the attempt to resolve the dispute by negotiation. If that fails, the process of
mediation will follow as per the rules set in the American Arbitration Association
c) The dispute must be resolved in the states following the contract laws for California.
d) The contract can be terminated upon notice before two weeks.
9. Laws
This agreement shall be governed under the contract laws of California and the rules set in
the American Arbitration Association.
10. Entire agreement
This agreement covers the complete agreement between the parties prevailing in all respects
preceding to the oral or written agreement or considerate relating to the employment of the
Employee by the Employer and shall be amended only through the process of negotiation.

3Employment Agreement
11. Effectiveness
The parties agree that in any event where there is a breach in the conditions as per laid in the
contract the employment of the Employee can be terminated at the discretion of the Employer
and the Employee would not have any right or obtain any further benefits from the Employer.
IN WITNESS, the Employer has affected this agreement to be performed by its duly
approved officers, and the Employee has set his influence as of the date first above
mentioned.
SIGNED, EXECUTED AND DELIVERED in the presence of :
________________________________________
[Name of the Employer]
________________________________________
[Signature of the Employer]
_________________________________________
[Name of the Employee]
_________________________________________
[Signature of the Employee]

4Employment Agreement
Bibliography
Colvin, A. J., & Pike, K. (2014). Saturns and Richshaws Revisited: What Kind of
Employment Arbitration System Has Developed. Ohio St. J. on Disp. Resol., 29, 59.
Fisch, J. E. (2018). Governance by contract: The implications for corporate bylaws. Calif. L.
Rev., 106, 373.

5Employment Agreement