Employment Agreement

Employment Agreement

Draft an employment contract or contractor agreement for "$ARGUMENTS". Generate a comprehensive agreement tailored to the employment type, role, and jurisdiction.

Note: AI-generated legal content does not constitute legal advice. Consult a qualified attorney.

Prerequisites

Check that .metapowers/legal/$ARGUMENTS/00-assess.md exists. If it does not exist, stop and tell the user:

"Run an Assess skill first (e.g. /legal:risk-assessment $ARGUMENTS) to generate the prerequisite assessment artifact."

If the user passes --skip-checks, bypass this check and log the skip to .metapowers/legal/$ARGUMENTS/skip-log.md with a timestamp and the reason "Prerequisite check skipped for employment-agreement".

Process

1. Read inputs:

   • Read .metapowers/legal/$ARGUMENTS/00-assess.md for risk and jurisdiction context

2. Determine agreement type:

   • Employee — W-2 / full employment relationship
   • Independent contractor — 1099 / contractor relationship
   • If contractor: flag misclassification risks — apply IRS 20-factor test or applicable jurisdiction's test (ABC test in California, IR35 in UK), document factors supporting classification, recommend corrective action if classification appears incorrect

3. Draft the following sections:

   • Position and Duties — job title, role description, primary responsibilities, reporting obligations, full-time/part-time status, exclusivity requirements (if any)
   • Reporting Structure — direct supervisor/manager, organizational level, dotted-line relationships
   • Compensation and Benefits — base salary or contractor rate, payment frequency and method, bonus/commission structure (if applicable), equity/stock options (if applicable), benefits package summary (employee only: health, dental, vision, 401k, PTO, etc.)
   • Work Schedule and Location — expected hours, remote/hybrid/on-site, office location, travel requirements, flexible work arrangements
   • Probationary Period — if applicable: duration (typically 30-90 days), evaluation criteria, termination during probation terms, conversion to regular employment
   • IP Assignment — assignment of all work product created during employment/engagement, scope (present and future work related to the company's business), moral rights waiver (where applicable), prior inventions exclusion list
   • Inventions Disclosure — obligation to disclose inventions conceived during employment/engagement, company's right of first refusal, process for determining ownership
   • Non-Compete and Non-Solicitation — non-compete: scope, duration, geography (with enforceability notes by jurisdiction — note FTC developments, California ban, etc.); non-solicitation of employees: scope and duration; non-solicitation of customers/clients: scope and duration
   • Confidentiality Obligations — definition of confidential information, obligations during and after employment/engagement, permitted disclosures, return of materials, whistleblower protections (Defend Trade Secrets Act notice)
   • Termination Provisions — at-will vs. for-cause distinction (employee), notice period requirements, grounds for immediate termination, severance terms (if any), garden leave provisions (if applicable), COBRA and benefits continuation
   • Return of Property — obligation to return all company property, devices, access credentials, documents, and copies upon termination
   • Governing Law — choice of law, dispute resolution, venue selection

4. Flag jurisdiction-specific requirements:

   • California — non-compete ban (Business and Professions Code 16600), required provisions for IP assignment (Labor Code 2870), final pay timing requirements
   • New York — non-compete enforceability standards, wage theft prevention notice
   • EU/UK — mandatory minimum notice periods, working time directive, TUPE implications, statutory redundancy
   • Other jurisdictions — identify and address requirements from the assessment

5. Write the artifact to .metapowers/legal/$ARGUMENTS/01-draft.md with frontmatter:

   ---
   description: Employment agreement draft for $ARGUMENTS
   ---
   

Output

The employment agreement draft written to .metapowers/legal/$ARGUMENTS/01-draft.md. Present a summary to the user highlighting:

• Agreement type (employee vs. contractor) and misclassification risk assessment
• Compensation structure outlined
• Restrictive covenant provisions and enforceability considerations
• IP assignment scope
• Jurisdiction-specific requirements addressed
• Areas flagged for attorney review