Employee Retention Agreement Template

This Employee Retention Agreement is made and entered into between [Employer.Company] and [Employee.FirstName][Employee.LastName] and will remain effective from [Document.CreatedDate].

​[Employee.FirstName][Employee.LastName] is presently employed by [Employer.Company] as [Employee.Title]. This employment is said to be retained for ______ years starting from (MM.DD.YYYY) and may end on (MM.DD.YYYY) .

If either party wishes to change any terms of this agreement, they can do so by giving notice in writing at least (Days) days before the end date stated above.

Both parties agree mutually to the clauses mentioned below:

1. Non-Competence of the Contract

The professional association between [Employee.FirstName][Employee.LastName] and [Employer.Company] will be dismissed if either party fails to refuse or perform their duties adequately or within reasonable timeframes.

If the employee fails to perform their duties and responsibilities for (Insert timeframe) consecutive days/months, the employer holds the right to terminate employment without giving any prior notice. In such circumstances, [Employee.FirstName][Employee.LastName]​ agrees to release the employer, its affiliates, subsidiaries, officers, directors, and other employees from any and all liabilities arising out of or related to their employment with the Company.

Furthermore, the employee agrees not to take any action or make any statement or representation which might damage the company's reputation.

2. Severance Pay

In the event of involuntary termination of employment, [Employer.Company] will pay [Employee.FirstName][Employee.LastName] for all wages earned up to and including the date of termination.

If the employee is terminated without cause, they will be entitled to severance pay equal to (Number of weeks) week's salary per year of service. But, to avail of the facility of severance pay, the employee has to render their services to the company for a minimum of (Amount) days/weeks/years from their date of employment with the company.

However, the employer agrees to pay the employee under the terms set out in the agreement until they are terminated by mutual consent or terminated because of misconduct. This includes paying any outstanding salary or wages owed by the employee.

3. Compensation for Lost Wages

​[Employee.FirstName][Employee.LastName] is entitled to receive compensation for any lost wages or salary incurred by them due to their involuntary resignation from the company. The employee must work for at least a duration of (Amount) days/weeks/years before leaving the company to become entitled to any compensation for lost wages or salary payments made during their employment with the company.

On the contrary, if the employee resigns from their job on their own will in the middle of the month without prior notice, they may have to pay back (Percentage)% of their salary that was paid out to them in the last month.

If the employee leaves involuntarily, they will be entitled to receive their accrued vacation time plus (Amount) week’s salary for every year they have worked at the company up to (Amount) years' worth of salary as well as notice pay instead of any other severance package.

4. Confidentiality of Company Data and Information

​[Employee.FirstName][Employee.LastName] is obligated to keep all information confidential that they receive from the employer during their employment, including any non-public information about their business or clients.

The employee agrees not to disclose any confidential information about [Employer.Company]​ and any of its current or past clients. The employee will maintain the confidentiality of information, data, and trade secrets until the course of their employment and hereafter for a minimum period of (Amount) years.

If the employee violates this clause in any way, intentionally or unintentionally, the employer can take legal action, leading to immediate termination of the employment without any notice and compensation.

5. Termination of Contract and Notice Period

An employer has the right to terminate or change any term or condition of employment at any time, with or without cause. However, a written intimation of the same has to be given at least (Amount) days before making any amends in the agreement.

The following are the consequences that can lead to termination of the agreement and employment:

• If the employer fails to pay the compensation mentioned above

• If the employee violates any law or policy of the organization or reveals any confidential credentials to a third party

• If the employee voluntarily resigns without giving any reasonable cause

• If the employee commits misconduct, fraud, or deceit while performing their job duties or responsibilities

• Poor performance of the employee, unethical behavior, or constant conflicts with any coworker

In addition, the employer will have no obligation to pay severance benefits should they terminate the contract before it expires. The employer can terminate the employee without cause or for good reason if they so choose. However, a notice period of at least (Amount) days/months has to be given by the employer to the employee upon termination of their employment with the company.

If the company terminates this agreement without cause, the employee will be entitled to _____ (Amount) days’ pay instead of notice (payable on _____ days after termination).

With their full consent and mindfulness, both parties will abide by the abovementioned clauses for the agreement to remain valid.

6. Signatories