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Pre Hire Agreement for the United States

Pre Hire Agreement Template for United States

A Pre-Hire Agreement is a legally binding document used in the United States that establishes conditions and terms of employment before the formal commencement of employment. It typically includes conditions precedent such as background checks, drug screening, and verification of credentials, while also addressing confidentiality, intellectual property rights, and potential non-compete obligations. The agreement provides protection for both employer and prospective employee by clearly defining expectations and requirements prior to the start of employment.

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What is a Pre Hire Agreement?

Pre-Hire Agreements have become increasingly important in the U.S. employment landscape as organizations seek to protect their interests while maintaining transparency with potential employees. This document serves as a bridge between the offer acceptance and actual employment commencement, outlining necessary conditions that must be met before employment begins. The Pre-Hire Agreement typically includes background check requirements, drug testing policies, verification of credentials, and other conditions precedent to employment. It may also address intellectual property rights, confidentiality obligations, and non-compete provisions, particularly in specialized or senior roles. This agreement is especially crucial in regulated industries or for positions requiring specific credentials or security clearances.

What sections should be included in a Pre Hire Agreement?

1. Parties: Identifies the employer and prospective employee

2. Background: Explains context and purpose of the pre-hire agreement

3. Definitions: Defines key terms used throughout the agreement

4. Conditions of Employment: States prerequisites for employment including background checks, drug tests, and employment eligibility verification

5. Employment Terms: Outlines basic terms including position, start date, and proposed compensation

6. Confidentiality: Establishes confidentiality obligations and protection of company information

7. Governing Law: Specifies the jurisdiction and applicable laws governing the agreement

What sections are optional to include in a Pre Hire Agreement?

1. Non-Compete: Restricts future employment with competitors (include only where permitted by state law)

2. Intellectual Property: Addresses ownership of future inventions and works created during employment

3. Relocation Terms: Details any relocation assistance and associated terms if applicable

4. Immigration Assistance: Outlines any visa or immigration support to be provided by the employer

What schedules should be included in a Pre Hire Agreement?

1. Schedule A - Job Description: Detailed description of role, responsibilities, and reporting structure

2. Schedule B - Compensation Details: Detailed breakdown of proposed salary, benefits, and other compensation elements

3. Schedule C - Company Policies: Reference to key company policies that will form part of employment terms

4. Appendix 1 - Background Check Authorization: Forms and authorizations required for background check process

5. Appendix 2 - Employment Eligibility Forms: I-9 and other employment eligibility verification documents

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

NLRA: National Labor Relations Act - Governs labor-management relations and protects employees' rights to organize and engage in collective bargaining

FLSA: Fair Labor Standards Act - Establishes standards for wage and overtime pay, affecting how pre-hire agreements handle compensation terms

Title VII: Title VII of the Civil Rights Act - Prohibits employment discrimination based on race, color, religion, sex, and national origin

ADA: Americans with Disabilities Act - Requires reasonable accommodations for qualified individuals with disabilities and prohibits discrimination

ADEA: Age Discrimination in Employment Act - Protects individuals 40 years or older from employment discrimination

IRCA: Immigration Reform and Control Act - Requires verification of employment eligibility and documentation

State Labor Laws: Varying state-specific regulations governing employment relationships, including minimum wage, break periods, and overtime rules

State Non-Compete Laws: State-specific regulations governing the enforceability and limitations of non-compete agreements

At-Will Employment: Legal doctrine varying by state that allows employment termination by either party at any time, with or without cause

NDAs: Non-disclosure agreements protecting confidential information and trade secrets

IP Rights: Intellectual Property rights provisions defining ownership of work product and innovations

Background Checks: Requirements and consent for pre-employment screening in compliance with federal and state laws

Drug Testing Policies: Regulations governing pre-employment drug testing and ongoing substance abuse policies

Consideration Requirements: Legal requirements for valid contract formation, ensuring mutual exchange of value between parties

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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