"At Will" employment with notice period - query - Employment letter text copied
I would lean toward that conclusion myself, but until we see the entire letter we don't know if there are any "gotchas" that might make it an enforceable contract.
Copied below is the text in the employment letter:
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This is to inform you that with effect from Date of Landing (“the Relocation Date”), you would be transferred from Chennai, India to the San Jose, CA, USA office of ABC
(“ABC” or “the Company”) at on a permanent basis.
With effect from the Relocation Date, the terms and conditions as contained in our previous agreement will come to an end and your Role Designation with ABC (the “Company”) will be Account Manager and you will be entitled for the following:
The terms and conditions upon which you will work in the US are as follows:
1. Remuneration:
a. Base Salary
While employed at San Jose, CA, USA you will receive a Base Salary of USD XXX,XXX per annum, which will be paid monthly in accordance with the Company's normal payroll procedures. Your growth and increase in salary will depend solely on your performance and contribution to the Company; no increase is guaranteed. Our increment and promotion cycle is once in a year.
b. Variable Pay Plan:
In addition to your Base Salary, you will be eligible for a Variable Pay pursuant to ABC’s Variable Pay Plan. For this year, the maximum bonus you can earn will be 100% of your paid out Base Salary. In order to receive any variable Pay payment, you must meet the eligibility requirements, as described in the Variable Pay Plan. Actual payments will be determined by the Company and individual performance and will be prorated based on the number of days worked in each cycle. The Variable Pay currently in effect is enclosed with this offer letter.
2. Travel Expenses & Reimbursements
The Company will also pay or reimburse you for reasonable travel, entertainment or other expenses incurred by you in the furtherance of or in connection with the performance of your duties hereunder in accordance with the Company's established policies.
3. Transfer and Relocation:
Please note that the Company may need to transfer employees to Company locations or client sites other than the ones they were initially hired to work at. Accordingly, we want you to be aware that you may be transferred in the future based on the Company's business and with prior approval from relevant authorities, you may be eligible for reimbursement under the company’s relocation policy. Relocation is defined as the transfer of work to a new location which is 50 miles or more from the existing work location of the employee.
Expenses for which you may be eligible for reimbursement include travel to new location for yourself and applicable family members via air, personal car or rental car, transportation of goods and movement of one vehicle within the USA. All reimbursements will be based on actuals upon submission of bills up to the policy limits and policy guidelines.
4. Notice Period
ABC is an “at-will” employer. This means that either ABC or the employee may terminate the employment at any time, with or without cause, by giving the other party notice of not less than three (3) calendar months in writing or on such other terms and conditions as may be mutually agreed by the parties in writing.
It also means that the job duties, title, responsibilities, reporting level, compensation and benefits, as well as ABC's personnel policies and procedures, may be changed at any time. The “at-will” nature of the employment may only be changed by an express written agreement that is signed by the employee and the Chief Executive Officer of ABC Limited.
5. Other Terms and Conditions
This employment is contingent upon
(i) Your signing and agreeing to be bound by the Company’s At-will, Confidential Information, Invention Assignment and Arbitration Agreement,
(ii) Your demonstration that you are legally able to work in the United States and
(iii) Receipt of a fully executed “Non Compete and Non Solicitation Agreement” in the form attached hereto (Annexure I).
In ABC, there are policies that are linked to performance management, career growth and annual compensation review of an employee and these policies will be applicable to you. You will also be governed by the rules and regulations of the Company as applicable to your category of employees.
As a Company employee, you will be eligible to participate in the employee benefit plans currently and hereafter maintained by the Company of general applicability to similarly situated employees of the Company. You should note that the Company reserves the right to cancel or change the benefit plans and programs it offers to its employees at any time.
You agree that, during the term of your employment with the Company, you will not engage in any other employment, occupation, consulting or other business activity directly related to the business in which the Company is now involved or becomes involved during the term of your employment, nor will you engage in any other activities that conflict with your obligations to the Company or the full discharge of your duties with the Company.
As a Company employee, you will be expected to abide by Company rules and regulations, including submitting weekly time records to your supervisor. You also agree to maintain the confidentiality of all confidential and proprietary information of the Company and agree, as a condition of your employment, to be bound by the Company’s At-will, Confidential Information, Invention Assignment, and Arbitration Agreement.
In the event of any dispute or claim relating to or arising out of our employment relationship, you and the Company agree that all such disputes shall be fully and finally resolved by binding arbitration conducted by the American Arbitration Association in Alameda County, CA. However the parties may mutually agree upon an alternate venue. HOWEVER, we agree that this arbitration provision shall not apply to any disputes or claims relating to or arising out of the misuse or misappropriation of the Company's trade secrets or proprietary information.
This letter, the documents incorporated herein by reference and the Company’s At-will, Confidential Information, Invention Assignment, and Arbitration Agreement represent the entire agreement and understanding between you and the Company concerning your employment relationship with the Company, and supersede in their entirety any and all prior agreements and understandings concerning your employment relationship with the Company, whether written or oral.
The terms of this letter may only be amended, canceled or discharged in writing signed by you and the Company.
In the event that any provision hereof becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable, or void, this letter shall continue in full force and effect without such provision.
You acknowledge that you have had the opportunity to and have carefully read and fully understand all the provisions of this letter, and are knowingly and voluntarily entering into this letter.
In token of your acceptance of this letter, kindly sign and return the duplicate copy at the earliest to the undersigned at:
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