by Naomi Kokubo, Editor of Founders Space
Below is a link to the Employment & Consultant Documents provided by Orrick. Keep in mind, these do not replace having a good attorney, but they do provide a good starting point.
Employee Offer Letter
This form is designed to be used by the Company for rank-and-file employees. Generally a full-blown Employment Agreement (below) would only be appropriate for the CEO and certain key executive officers of the Company. Everyone else would typically sign this much shorter and simpler form of Offer Letter. Make sure you get advice from counsel before using this form for the first time so that your counsel can warn you about the usual pitfalls for start-ups such as failing to pay attention to minimum wage requirements.
Long-form agreement appropriate for a Company’s CEO and other key executive officers.
This form is designed to be used for each of the Company’s consultants, including both individuals and entities providing services to the Company as independent contractors instead of employees. The distinction between independent contractors and employees is complex and requires advice of counsel. You should make sure you discuss this form with your counsel before using it. It is generally appropriate for the Company to generate the initial drafts of consulting agreements for review by counsel.
NOTE: Before making any business decisions based on information on this site, it is your responsibility to check with your counsel or professionals familiar with your situation.