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90 Day Employment Contract for the United States

90 Day Employment Contract Template for United States

A 90-day employment contract is a legally binding agreement under U.S. labor law that establishes a temporary employment relationship between an employer and employee. This document outlines the terms and conditions of employment, including compensation, duties, working hours, and termination provisions, while complying with federal and state-specific employment regulations. It provides both parties with clear expectations and protections during the specified period.

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90 Day Employment Contract

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What is a 90 Day Employment Contract?

The 90 Day Employment Contract is commonly used by U.S. businesses to establish trial periods for new hires or to fulfill temporary staffing needs. This document is essential for companies seeking to evaluate employee performance before offering permanent positions or to address short-term projects. It ensures compliance with federal labor laws including FLSA, Civil Rights Act, and state-specific employment regulations. The contract typically includes detailed terms regarding compensation, benefits, working conditions, and performance expectations, while protecting both employer and employee interests during the temporary engagement period.

What sections should be included in a 90 Day Employment Contract?

1. Parties: Identification of employer and employee with full legal names and addresses

2. Background: Brief context of the temporary employment arrangement and purpose

3. Definitions: Key terms used throughout the agreement

4. Term and Duration: Specific 90-day period, start and end dates

5. Position and Duties: Job title, responsibilities, and reporting structure

6. Compensation: Salary/wages, payment schedule, and overtime provisions

7. Working Hours: Standard work schedule and hours expectations

8. Termination: Conditions for early termination and notice requirements

What sections are optional to include in a 90 Day Employment Contract?

1. Benefits: Details of any applicable benefits during the 90-day period, including health insurance, PTO, or other benefits

2. Confidentiality: Non-disclosure obligations and protection of sensitive information

3. Intellectual Property: Ownership of work product and intellectual property rights created during employment

4. Non-Compete: Competition restrictions subject to state law requirements

5. Performance Evaluation: Assessment criteria and timeline for performance review

What schedules should be included in a 90 Day Employment Contract?

1. Schedule A - Job Description: Detailed outline of role responsibilities and requirements

2. Schedule B - Compensation Details: Breakdown of salary, benefits, and payment terms

3. Schedule C - Company Policies: Relevant workplace policies and procedures

4. Schedule D - Performance Metrics: Specific KPIs and evaluation criteria

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Ƶ

Document Type

Employment Contract

Cost

Free to use
Clauses

























Industries

Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, recordkeeping, and child labor standards. Key for establishing basic wage and hour provisions in the contract.

Title VII of Civil Rights Act 1964: Federal anti-discrimination law that prohibits employment discrimination based on race, color, religion, sex, and national origin. Must ensure contract language complies with equal employment provisions.

Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled employees and protecting against disability-based discrimination. Contract must acknowledge these obligations.

Immigration Reform and Control Act: Federal law requiring employment eligibility verification. Contract must reference I-9 requirements and work authorization verification.

Family and Medical Leave Act (FMLA): Federal law governing leave rights, though may not directly apply to 90-day contract. Should be referenced if employer meets size requirements.

State Labor Laws: State-specific regulations on minimum wage, break periods, final paycheck, and overtime rules. Contract must comply with both federal and applicable state requirements.

State Employment Laws: State-specific provisions for at-will employment, non-compete agreements, paid sick leave, and disability regulations. Contract must incorporate relevant state provisions.

Employee Classification: Clear definition of employment status (employee vs. contractor) and FLSA classification (exempt vs. non-exempt). Critical for determining applicable rights and obligations.

Benefits Provisions: Terms regarding healthcare, paid time off, and other benefits eligibility during the 90-day period. Must specify any waiting periods or limitations.

Termination Clauses: Specific provisions for notice requirements, early termination conditions, and final pay obligations. Essential for fixed-term contracts.

Confidentiality and IP Rights: Provisions protecting trade secrets, intellectual property, and requiring non-disclosure. Important for protecting employer interests.

Term and Evaluation: Clear specification of 90-day term, any extension/conversion possibilities, and performance evaluation criteria. Must be explicit about temporary nature of contract.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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