At Will Employment Agreement - InterNACHI.ORG

An employment agreement should be used by members when hiring inspectors or other employees. The language contains, among other things, a non-compete clause. Enforceability of non-compete agreements varies from state/province to state/province and members are encouraged to seek advice from their own local counsel. If the home inspection business ("Employer") is an LLC or a corporation, make sure that the LLC or the corporation (not the owner) is listed as the "Employer" on the document. This language assumes that the employee is going to be a true employee, not just an independent contractor. This language also assumes that the Employer will be providing formal training or on-the-job training. In some states, non-compete clauses are not enforceable unless the Employer has provided training or some other benefit to the Employee such that it would be unfair to allow the Employee to then directly compete with the Employer. The Employer should keep accurate wage and hour records as well as document any formal training or on-the-job training provided. The Employer should also include in the agreement a description of any benefits (vacation time, health care, etc.) being provided to the employee.