Sample Business Contracts

Employment Agreement - Gloria Jean's Gourmet Coffee and Pam Britton

Employment Forms

Employment Contract. Employers can customize an employment agreement that states the salary, benefits, working hours and other important provisions for their new or existing employee.
Consulting Agreement. Answer simple questions to build a contract with a consultant. Specify the services rendered, when payment is due, as well as IP rights.
Commission Agreement. Employers who compensate their sales employees based on commissions can prepare an agreement to reduce misunderstandings by specifying the base salary and how commissions are calculated.
Executive Employment Agreement. Companies may offer their business executives a contract that is different from the one provided to their regular employees. Executive employment agreements may be more complex because the compensation structure may include a combination of salary and commissions, provide for bonuses based on sales, stock or other financial targets, and include non-compete, confidentiality and severance provisions.
Sales Representative Contract. Independent sales representatives offer companies the potential to increase the sale of products or services without the burden of increasing headcount. Both parties should understand how commissions are calculated, when commissions will be paid, as well as how the representative will treat confidential information from the company and whether the representative may also sell a competing line of products or services.
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February 6, 2001

Pam Britton

28092 Paseo Rincon

Mission Viejo, CA 92692

Dear Pam:

We are pleased to offer you the position of Executive Vice President of Operations for Gloria Jean’s Gourmet Coffee. This is a critical position with responsibility for the successful operations of Gloria Jean’s franchisees. As you know, we are currently the second largest specialty Coffee Company in the United States. We view this as a unique opportunity to create something really special.

Our offer is as follows:

•		Base salary - $3,365.38 per week (paid on a bi-weekly basis) which equates to $175,000 annually.
•		Incentive/Bonus plan - For the first year of employment only this award will pay out a guaranteed amount of $52,500 at the end of 12 months of employment. You will then be eligible to participate in our Executive Vice President level incentive plan, up to 30% of your annual base salary, which is paid based upon achievement of specific financial goals agreed upon with the Chief Executive Officer. This award will be prorated for stub portion remaining of fiscal 2001/2002 only.
•		Stock Options - The Company will issue you options to purchase at least 20,000 shares of Diedrich Coffee. The strike price of the shares will be the trailing 5 day average of the price of the shares from the day you begin employment. These options vest over 3 years at a rate of 33% per year. The Board reviews issuance of additional stock options annually. This option grant will be subject to Board approval.
•		Vacation - You will be entitled to 3 weeks of vacation during your first year of employment. Additional vacation time will be earned as plan eligibility requirements are met.
•		Benefits - You will participate in the company’s executive benefits plan. Your initial salary will be increased $99.06 per bi-week to provide employee +1 coverage and deducted pretax to pay your portion of the premium. The benefit program may be modified from time to time. Future changes to employee contribution levels will be your responsibility.
•		401(k) participation based on plan eligibility criteria.

•		Employment at will - you may resign at any time and Diedrich Coffee may terminate your employment at any time, with or without cause or notice.
•		Termination not for cause - Should your employment be terminated for reasons other than cause (cause meaning willful misconduct, repeated failure to perform duties, fraud or dishonesty, felonious, or criminal acts), and you execute a simple release of claims agreement you will be entitled to bi-weekly payments equal to six months of your then current salary. In any event, these payments would cease if you accept other employment or accept work as an independent contractor. Additionally, this benefit would not apply in the event of your death or inability to perform the job due to disability.
•		This position reports directly to the Mike Jenkins, Chief Executive Officer of Diedrich Coffee.
•		Start date will be on or before February 26, 2001.

We look forward to your early response in becoming part of our team. Please confirm your acceptance of this offer by signing and returning an executed copy to Matt Kimble.

Very truly yours,


J. Michael Jenkins
Chief Executive Officer, Diedrich Coffee Inc.

I accept the position of Executive Vice President of Operations for Gloria Jean’s Gourmet Coffee, effective on or before February 26, 2001 on the above terms and conditions.


Pamela Britton		Date