An Executive Employment Agreement is a binding contract between an executive and a company in respect to the executive’s employment. In exchange for valuable consideration, usually including significant salary, stock options, and a healthy benefit package, the executive agrees to perform certain services for the company, to maintain loyalty to the company, and to preserve the company’s confidential information. In contrast to executive compensation agreements, executive employment agreements are binding on the parties upon execution, and by executing the agreement, both the company and the executive are promising to perform under the agreement’s terms.

Key provisions commonly found in executive employment agreements address the term of the executive’s employment, the executive’s compensation and benefits package, the duties of the executive and of the company, the executive’s covenant to maintain the confidentiality of proprietary information, a covenant not to compete, and the grounds for termination of the agreement. General provisions covering consequences of breach, assignment, modification, governing law, and severability typically round out the agreement.

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