This document is an offer letter and employment agreement for the at-will employment of a non-executive employee in California. It is drafted to comply with both California and federal law. It is customizable to apply to both full-time and part-time at-will employees.

Section 6 of this document explicitly states that the employment relationship is conducted on an at-will basis. Employers should be careful not to insert provisions that may imply the contrary, such as a provision that sets a term for the employment for a period longer than a month. In California, employment is at will if the employment contract is not for a specified term. Employment for a specified term means employment for a period greater than one month. Cal. Lab. Code § 2922.

What does the At Will Employment Agreement (CA) cover?

• Position, and duties;

• Employee obligations;

• Remuneration, bonus, and benefits;

• Notice period, leave and termination provisions;

• Policies and procedures;

• Confidentiality provision; and

• Severability, variation, jurisdiction.

Other names for At Will Employment Agreement (CA) include:

• Employment Contract; and

• Contract of Employment.

Further information on drafting the At Will Employment Agreement (CA)

• For more information on at will employment, see Employment at Will: What Does it Mean, Its Benefits, and Employee Rights.

• Employers should be wary of the legal requirements for exempt and non-exempt employees. For more information, see When Can An Employee Be Classified As Exempt?

• For more information on the difference between an employee and a contractor, see Employee vs Independent Contractor: What’s The Difference?

• For more information generally on draft employment agreements, see What is an Employment Agreement: An Essentials Guide For Employers in California.