Start-Up Forms: Employment and Consultant

General Guidelines for Forms

As a general matter, you should not make substantive changes to any of the forms included in the Start-Up Forms Library without checking with your legal counsel. We are constantly improving and updating our forms to keep up with developments in the law and in what's "standard" in the market. As such, you should check here periodically to determine whether you have the latest forms available.

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.

Consulting Agreement

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.​

Please do not include any confidential, secret or otherwise sensitive information concerning any potential or actual legal matter in this e-mail message. Unsolicited e-mails do not create an attorney-client relationship and confidential or secret information included in such e-mails cannot be protected from disclosure. Orrick does not have a duty or a legal obligation to keep confidential any information that you provide to us. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.

By clicking "OK" below, you understand and agree that Orrick will have no duty to keep confidential any information you provide.