AT-WILL EMPLOYMENT AGREEMENT (WISCONSIN)

(This template is drafted for use by Wisconsin counsel. All bracketed items must be customized. Remove all [// GUIDANCE: …] comments before final execution.)

TABLE OF CONTENTS

1. Document Header (Title, Parties, Recitals)
2. Definitions
3. Employment Terms (Operative Provisions)
4. Representations & Warranties
5. Covenants & Restrictions
6. Compensation & Benefits
7. Termination; Notice; Remedies
8. Risk Allocation
9. Dispute Resolution
10. General Provisions
11. Execution Block

1. DOCUMENT HEADER

1.1 Title and Parties

This At-Will Employment Agreement (the “Agreement”) is entered into as of [EFFECTIVE DATE] (the “Effective Date”) by and between:

a. [EMPLOYER LEGAL NAME], a [ENTITY TYPE] organized under the laws of the State of Wisconsin, with its principal place of business at [EMPLOYER ADDRESS] (“Employer”); and

b. [EMPLOYEE NAME], an individual residing at [EMPLOYEE ADDRESS] (“Employee”).

Employer and Employee may be referred to individually as a “Party” and collectively as the “Parties.”

1.2 Recitals

A. Employer desires to employ Employee in an at-will capacity on the terms set forth herein.
B. Employee desires to accept such employment.
C. The Parties intend that this Agreement comply with all applicable federal and Wisconsin employment laws, including exceptions to the at-will doctrine mandated by statute or public policy.

NOW, THEREFORE, in consideration of the mutual promises herein and other good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

2. DEFINITIONS

For purposes of this Agreement, the following terms have the meanings indicated. Defined terms appear in bold throughout and may be used in singular or plural.

“Base Salary” – Annualized gross salary payable to Employee under Section 6.1.

“Cause” – (i) material breach of this Agreement; (ii) willful misconduct, fraud, or dishonesty; (iii) conviction of, or plea of no contest to, a felony or any crime involving moral turpitude; or (iv) gross negligence or willful failure to perform Employee’s essential duties after written notice and a reasonable cure period of [NUMBER] business days.

“Confidential Information” – All non-public information, whether or not marked confidential, relating to Employer’s business, including trade secrets as defined under Wisconsin law.

“Competing Business” – Any person or entity that [DESCRIPTION OF COMPETITIVE FIELD] within [GEOGRAPHIC SCOPE].

“Employment Period” – The period beginning on the Effective Date and ending upon termination in accordance with Article 7.

“Intellectual Property” – All inventions, discoveries, processes, software, works of authorship, and similar property conceived, developed, or reduced to practice by Employee, alone or with others, in the course of employment.

“Wisconsin Restrictive Covenant Law” – Wis. Stat. § 103.465, as amended.

[// GUIDANCE: Add or delete definitions as needed for specialized positions.]

3. EMPLOYMENT TERMS (OPERATIVE PROVISIONS)

3.1 Position and Duties
(a) Title: [POSITION TITLE].
(b) Reporting: Employee shall report to [TITLE OF SUPERVISOR].
(c) Duties: Employee shall perform such duties as are customary for the position and any others reasonably assigned, consistent with Employer’s lawful policies.

3.2 At-Will Employment
Nothing herein shall be construed to create a fixed term of employment. Employment is at-will, meaning either Party may terminate the relationship at any time, with or without Cause, notice, or advance warning, except as:
(i) otherwise provided in Sections 7.2 (Notice) or 7.3 (Statutory Exceptions); or
(ii) prohibited by applicable federal or Wisconsin law.

3.3 Work Location and Hours
Employee’s principal work location shall be [WORKSITE ADDRESS / REMOTE]. Standard work hours are [HOURS], subject to business needs.

3.4 Policies & Manuals
Employee agrees to comply with Employer’s written policies as amended from time to time; provided that in the event of conflict, this Agreement controls.

4. REPRESENTATIONS & WARRANTIES

4.1 Mutual Representations
Each Party represents that it has full authority to enter into and perform this Agreement and that doing so does not violate any other agreement.

4.2 Employee Specific
Employee represents that:
(a) Employee is not a party to any agreement that would restrict performance hereunder;
(b) Employee will not use or disclose any third-party confidential information; and
(c) All information supplied to Employer (résumé, credentials, etc.) is accurate and complete.

4.3 Survival
The representations and warranties in this Article 4 survive termination of the Employment Period.

5. COVENANTS & RESTRICTIONS

5.1 Confidentiality
Employee shall hold Confidential Information in trust and confidence both during and after employment, using at least reasonable care to prevent unauthorized use or disclosure.

5.2 Intellectual Property Assignment
Employee hereby assigns to Employer all right, title, and interest in Intellectual Property created in the scope of employment, subject to limitations under Wis. Stat. § 134.90(6) and applicable “employee invention” laws.

5.3 Non-Competition
(a) During employment and for [RESTRICTIVE PERIOD ≤ 2 YEARS] thereafter, Employee shall not, within [GEOGRAPHIC SCOPE], directly or indirectly engage in or assist a Competing Business.
(b) This covenant is intended to comply with the Wisconsin Restrictive Covenant Law and shall be narrowly construed to protect Employer’s legitimate business interests.
(c) Severability/Reformation: If any aspect is unenforceable, a court shall modify it to the minimum extent necessary to comply with Wis. Stat. § 103.465.

5.4 Non-Solicitation of Customers
For the same restrictive period, Employee shall not solicit or divert any customer or prospective customer with whom Employee had material contact during the last [12] months of employment.

5.5 Non-Solicitation of Employees
Employee shall not, for the restrictive period, solicit or encourage any employee or contractor of Employer to terminate his or her relationship with Employer.

5.6 Return of Property
Upon termination, Employee shall promptly return all Employer property (physical and digital) and certify compliance in writing.

[// GUIDANCE: Insert optional garden-leave or paid-notice language if desired.]

6. COMPENSATION & BENEFITS

6.1 Base Salary
Employer shall pay Employee a Base Salary of $[AMOUNT] per annum, payable in accordance with Employer’s normal payroll practices.

6.2 Bonus/Incentive Compensation
Employee shall be eligible to participate in Employer’s [NAME OF PLAN] plan, subject to plan terms and Employer discretion.

6.3 Benefits
Employee will be eligible for benefits consistent with similarly-situated employees, including [HEALTH, 401(k), PTO, ETC.], subject to plan terms, eligibility, and Employer’s right to modify benefits.

6.4 Expense Reimbursement
Employer shall reimburse Employee for reasonable business expenses incurred in the ordinary course, subject to Employer’s expense policy and IRS substantiation requirements.

6.5 Withholding
All compensation is subject to applicable tax and other required withholdings.

7. TERMINATION; NOTICE; REMEDIES

7.1 Termination Events
Employment may be terminated by either Party at any time for any reason or no reason, subject to this Article 7.

7.2 Notice (Customizable)
Either Party may (but is not required to) provide [OPTIONAL NOTICE PERIOD, e.g., “two (2) weeks”] written notice of intent to terminate. Employer may elect to pay Base Salary in lieu of all or any portion of the notice period.

7.3 Statutory & Public-Policy Exceptions
Nothing herein limits Employee’s rights or Employer’s obligations under:
(a) anti-discrimination or retaliation statutes;
(b) lawful employee leave statutes;
(c) whistleblower protections; or
(d) any other non-waivable public-policy exception to at-will employment.

7.4 Employer Obligations Upon Termination
(a) Final Wages: Employer shall pay all earned but unpaid wages no later than the next regular pay date or as otherwise required by Wisconsin wage-payment law.
(b) Accrued Benefits: Unused, vested PTO and similar benefits shall be paid pursuant to Employer policy.
(c) COBRA/State Continuation: Employer shall provide required notices.

7.5 Employee Obligations Upon Termination
(a) Return of Property per Section 5.6.
(b) Ongoing compliance with Articles 5 and 8.

7.6 Remedies
(a) For breach of Articles 5 or 8, Employer may seek limited injunctive relief consistent with Section 8.4.
(b) Either Party may pursue any other remedies at law or in equity, subject to the limitations in Article 8.

7.7 Attorneys’ Fees
In any action to enforce this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees and costs.

8. RISK ALLOCATION

8.1 Indemnification by Employee (Employee Conduct)
Employee shall indemnify, defend, and hold Employer and its affiliates harmless from any third-party claim, loss, or expense arising out of Employee’s willful misconduct, gross negligence, or material breach of this Agreement.

8.2 Limitation of Liability
Except for (i) unpaid wages and benefits due under Article 6, (ii) liability that cannot be limited by law, and (iii) acts of willful misconduct or fraud, Employer’s aggregate liability to Employee shall not exceed the total Base Salary and benefits earned but unpaid as of the date the cause of action accrues.

8.3 Insurance
[OPTIONAL] Employer shall maintain [TYPE] insurance naming Employee as an additional insured to the extent of Employee’s duties.

8.4 Injunctive Relief (Limited)
In the event of actual or threatened breach of Articles 5 or 7.5, Employer may seek temporary or preliminary injunctive relief in accordance with Section 9, limited to the minimum scope necessary to prevent irreparable harm.

8.5 Force Majeure
Neither Party shall be liable for failure or delay in performance (other than payment obligations) caused by events beyond its reasonable control, provided the affected Party gives prompt notice and resumes performance as soon as practicable.

9. DISPUTE RESOLUTION

9.1 Governing Law
This Agreement and any dispute arising hereunder are governed by the substantive laws of the State of Wisconsin, without regard to choice-of-law principles.

9.2 Forum Selection
Subject to Section 9.3 (Arbitration), the Parties consent to exclusive jurisdiction and venue in the state courts located in [COUNTY], Wisconsin.

9.3 Arbitration (Optional)
[ ] Check if applicable – If this box is marked, the Parties agree that any dispute not resolved informally shall be submitted to binding arbitration under the then-current Employment Arbitration Rules of the American Arbitration Association. Judgment on the award may be entered in any court of competent jurisdiction.

[// GUIDANCE: Ensure any arbitration clause complies with the Federal Arbitration Act and is clearly acknowledged by Employee.]

9.4 Jury Waiver (Optional)
[ ] Check if applicable – If this box is marked, each Party hereby voluntarily waives its right to trial by jury in any action or proceeding arising out of or related to this Agreement.

9.5 Exclusive Remedies
Except as expressly provided, the remedies stated herein are cumulative and not exclusive.

10. GENERAL PROVISIONS

10.1 Amendment & Waiver
No amendment or waiver is effective unless in writing and signed by both Parties. No waiver of any breach constitutes waiver of any other breach.

10.2 Assignment
Employee may not assign or delegate any rights or obligations without Employer’s prior written consent. Employer may assign this Agreement to a successor in interest.

10.3 Successors & Assigns
This Agreement binds and benefits the Parties and their permitted successors and assigns.

10.4 Severability & Reformation
If any provision is held invalid or unenforceable, it shall be severed or, if applicable, reformed to the minimum extent necessary under Wisconsin law, and the remainder shall remain in full force.

10.5 Integration
This Agreement (including any exhibits) constitutes the entire understanding of the Parties regarding the subject matter and supersedes all prior agreements or understandings.

10.6 Counterparts & Electronic Signatures
This Agreement may be executed in counterparts, each of which is an original, and all of which together constitute one instrument. Signatures transmitted electronically or by PDF are deemed original.

10.7 Notices
All notices must be in writing and delivered by hand, reputable overnight courier, or certified mail (return receipt requested) to the addresses set forth above (or as updated by notice). Notice is effective upon receipt.

10.8 Headings
Headings are for convenience only and do not affect interpretation.

11. EXECUTION BLOCK

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.

[// GUIDANCE: Notarization is generally not required for Wisconsin employment agreements, but witness signatures may be added if desired or required by company policy.]

End of Document