Employee Agreement.docx - MEMORANDUM TO Professor FROM DATE...

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MEMORANDUMTO: ProfessorFROM: DATE: March 3, 2019Please see the attached drafted Offer Letter and Employment Agreement for Ms. Izabelle Rudolph, for the position of Sales Representative. For this assignment, I relied on the language and outline of the offer letter and agreement from my current employment with Canal Insurance that I received in July of 2018. Additionally, I supplemented with some language from Canal Insurance’s Employee Handbook.This draft agreement satisfies multiple aspects outlined in the Restatement (Second) of Contracts. For instance, the entire agreement fits § 71 of the Restatement through meeting the requirement of exchange. That is the agreement is bargained for, and it notes promises and forbearances. The introduction paragraphs and Employment paragraph (Paragraph 1) are intentionally included to satisfy § 17, § 18 and § 22 of the Restatement (Second) of Contracts. The paragraphs clearly outline the parties involved, the bargain and offer, and the manifestation to determine mutual assent. Similarly, they solidify consideration of contract. Further, § 54 of the Restatement is important to the introduction paragraph regarding a necessity of notification to the company for acceptance in a timely manner.The Commencement and Expiration Dates paragraph (Paragraph 2) is important because it states the term of the agreement, making it suitable for the enforcement of the Statute of Frauds, and thus requiring the written agreement. It is also beneficial for both parties to understand the precise dates of employment so no confusion is made.
Paragraph 3, regarding the responsibilities of the employees, is justified by § 318 of the Restatement. This section notes the delegation of performance on condition which requires performance of a duty promised by the employee. This paragraph is essential for any employment agreement because it outlines clear expectations of the employee for reception of compensation. I selected the employee duties based off of the information obtained from the job description. Conversely, Paragraphs 4 and 5 focus on the responsibilities of the company to compensate the employee for such performance. § 86 of the Restatement, Promise for Benefit Received, requires the right to payment in the for the employee’s work. These paragraphs must be clear and concise and include a breakdown of how payments are distributed and the additional requirements for submission of timesheets and commission forms. Likewise, Paragraphs 6 and 7are not addressed in the background of this assignment but are common inclusions as responsibilities for the employer and are important for the employee to understand that these benefits are available.The paragraph concerning the use of the company credit card and forbearance of competitioncan be supported by § 90 of the Restatement. Limiting the use of the credit card for business purposes is justified and illustrates reasonable induced forbearance. Similarly, because the

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