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An employment form is a record of hiring, managing, or separating staff. The employment agreement form sets pay, duties, and term; other templates here cover later steps. Employers need these forms, especially when hiring a first employee or engaging a contractor.
Employment forms, also called new hire forms, fall into broad groups: agreements that set the terms of the work, employee forms used during the job, and federal and state paperwork. Pick the agreement first, because the working relationship decides which other forms apply. For letters and agreements needed before, during, and after employment, check Employment-Related Documents.
The main types of employment forms are the employment contract, the independent contractor agreement, the subcontractor agreement, and the employment separation agreement, and each one fits a different working relationship.
| Agreement | Use it for | Main terms |
|---|---|---|
| Employment contract | An employee’s job, permanent or fixed-term | Duties, schedule, salary, benefits |
| Independent contractor agreement | A project or service done by a self-employed person for a client | Scope, project length, pay |
| Subcontractor agreement | A contractor bringing in another party to help with a project | The part of the work handed over, pay, timing |
| Employment separation agreement | An employee leaving a job on agreed terms | Severance pay, release of claims, confidentiality |
Do not reuse one set of terms for a new employee and an independent contractor. A probationary period, for instance, belongs in an employment contract and has no place in a contractor agreement.
An employment contract, also called an employment agreement, is a binding document that sets the job, pay, schedule, and benefits for an employee’s position, whether permanent or fixed-term.
The contract protects both sides, since each party can read its roles and duties on the page. It can cover a full-time, part-time, or fixed-term job. Employers can also set a probationary period to see whether a new employee fits the company’s goals.
An independent contractor agreement is a contract between a client and a self-employed person or business for a defined project or service, with the length of the work and the pay set out.
The agreement may add non-disclosure and non-compete clauses, but non-compete rules vary by state, and Minnesota’s ban on these covenants, for contracts and agreements entered into on or after July 1, 2023, covers independent contractors (Minn. Stat. § 181.988; Laws of Minnesota 2023, chapter 53, article 6, section 1). The client cares about the result of the work, and the contractor decides how to reach it. If you are unsure whether the person is really a contractor, read the employee or contractor section before you sign.
A subcontractor agreement is a contract between a contractor and another party the contractor brings in to finish part of a project, so the contractor hires the subcontractor and the client does not.
People often use this contract and the independent contractor agreement interchangeably, but they are not the same. Picture a client who hires a garden designer to create a flower garden near the office. The designer handles the design, drainage, planting, and watering, then engages someone else to install the outdoor lights. The agreement with the lighting installer is the subcontractor agreement.
An employment separation agreement is a contract that sets the terms on which an employee leaves a job, usually with severance pay in exchange for a release of claims against the company.
The employer usually starts this agreement, and it is a friendly way to end the relationship. It commonly holds a release of existing claims, a non-disclosure provision, the severance amount, and a mutual non-disparagement clause, which means neither party says anything negative about the other. The release of claims section covers the waiver in more detail.
An employment agreement form names the employer and the employee and states the job, the pay, the schedule, the length of employment, and how the job can end, so both sides read the same deal.
Example pay clause, with made-up values: The Company will pay the Employee $25.00 per hour, paid every two weeks by direct deposit.
Fill out an employment agreement form by choosing the template that matches the job, entering the details of both parties, and completing every term before anyone signs.
Use an employment contract when the worker is your employee and an independent contractor agreement when the worker is not, and the test for that depends on which law applies.
The IRS sorts the evidence of control and independence into these categories:
| Category | What the IRS asks | Examples |
|---|---|---|
| Behavioral | Does the company control, or have the right to control, what the worker does and how? | How the job is done |
| Financial | Does the payer control the business aspects of the job? | How the worker is paid, reimbursed expenses, who provides tools |
| Type of relationship | Are there written contracts or employee type benefits, and will the relationship continue? | Pension plan, insurance, vacation pay |
No one factor stands alone in this test, so a signed contractor agreement does not settle the question by itself (IRS guidance on independent contractors and employees). A remote worker is your employee under the common-law rules if you can control what will be done and how it will be done (IRS guidance on independent contractors and employees).
The choice changes your tax duties. Generally, you must withhold and deposit income, Social Security, and Medicare taxes from an employee’s wages, and generally you do not withhold or pay taxes on payments to independent contractors (IRS guidance on independent contractors and employees). If you classify an employee as an independent contractor with no reasonable basis for doing so, you may be held liable for employment taxes for that worker (IRS guidance on independent contractors and employees).
If the answer is still unclear, either the business or the worker may file Form SS-8, and the IRS will determine the worker’s status, which may take at least six months (IRS guidance on independent contractors and employees).
Standard employee forms are the documents a company uses after a person is hired, from the information sheet to evaluation, time-off, expense, and exit paperwork, and they are built for employees, not contractors or subcontractors.
An employee information form collects a new hire’s personal data, educational background, and work history, so the company can see who worked there, in what positions, and for how long.
The new hire fills it out and signs it right after being hired, and the company updates it when details change. Ask only for what the job and payroll need, and leave out questions about sex, gender, religion, or nationality.
An emergency contact form lists the relatives or friends a company should call if an employee is injured, has an accident, or falls ill at work.
It is common in every kind of job, not only high-risk ones. Enter each contact’s full name, relationship to the employee, and phone numbers, and add a second contact in case the first cannot be reached.
An evaluation form assesses an employee’s performance against the company’s goals and objectives, and it shows the weak spots that a manager and an employee can work on together.
Many companies run evaluations on a regular schedule, and the same form works when a business needs a review right away. Rate each goal, give a specific example behind the rating, and set the targets for the next review.
A write-up form records an employee’s negative behavior, such as a workplace incident or a violation, and notifies upper management about it.
It can serve as a disciplinary action document or as a complaint about discipline issues. Write down the date, what happened, the rule involved, any earlier warnings, and what happens next.
Related documents include a warning notice, which warns a worker about the consequences of a violation, and a termination letter, which ends the employment.
A time-off request form is what an employee submits to be absent on a certain date or period, such as for vacation, sick leave, or bereavement.
Enter the dates, the reason, and who covers the work. The notice period for ordinary time off comes from the company’s policy and the employment agreement, so check those before you submit the request. Before leave under the federal Family and Medical Leave Act (FMLA), an employee must give at least 30 days’ notice if the need is foreseeable based on an expected birth, a placement for adoption or foster care, or planned medical treatment for a serious health condition or a covered servicemember’s serious injury or illness, or notice as soon as practicable if 30 days is not practicable (29 CFR 825.302). Check state and local leave rules as well.
A reimbursement form is how an employee reports expenses paid on the company’s behalf, such as travel or office supplies, and asks to be paid back for them.
Attach the receipts and note the purpose of each expense, which makes approval more likely. An employee who used a personal vehicle for business prepares a mileage reimbursement form instead.
An incident report form records a worksite injury, illness, property damage, or rules breach, with what happened and who was involved, and it supports any investigation that follows.
Use it even for a minor incident or a near miss, since these reports help a company spot risks early. It is an internal company record, so check separately what OSHA asks of your business.
An exit interview template helps a company learn why an employee is leaving, and the answers can point to problems the business can then address.
An employee advance form is a document an employee uses to request an advance on a paycheck, usually giving a name, date of birth, Social Security number, and the amount.
An employee status change form is what employers use to track a change in an employee’s job title, salary, or benefits, so the company’s file stays current.
A reference check form helps an employer verify what a job candidate has said, and it adds detail on the candidate’s qualifications and job performance.
An employee release form is a signed permission or waiver, and the term covers different documents, including a background check authorization, an employment verification release, and a release of claims.
A background check authorization is the applicant’s or employee’s written permission to get a report from a company in the business of compiling background information (EEOC and FTC, Background Checks: What Employers Need to Know).
Before getting such a report, the employer must tell the person in writing that the information might be used for employment decisions, in a stand-alone notice that cannot sit inside an employment application (EEOC and FTC, Background Checks: What Employers Need to Know). If the authorization is meant to cover reports throughout the employment, it has to say so clearly and conspicuously (EEOC and FTC, Background Checks: What Employers Need to Know).
An employment verification release form is a signed note in which an employee lets an employer confirm job details to a named third party, such as a new employer, landlord, or bank.
List who may receive the details, which details they may receive, such as dates, title, and salary, and when the permission ends. The employer then answers with an employment verification letter.
A release of claims is the part of a severance or separation agreement in which an employee gives up claims against the employer, usually in exchange for severance pay.
The release must be supported by consideration, which means something of value beyond what the employee is already entitled to, so payment for earned vacation or sick leave does not count (EEOC, Understanding Waivers of Discrimination Claims in Employee Severance Agreements). It cannot stop the employee from filing a charge with the EEOC or from testifying, assisting, or participating in an EEOC investigation, hearing, or proceeding (EEOC, Understanding Waivers of Discrimination Claims in Employee Severance Agreements).
A waiver of age discrimination claims must meet seven conditions under the Older Workers Benefit Protection Act, or it is invalid and unenforceable (EEOC, Understanding Waivers of Discrimination Claims in Employee Severance Agreements):
In a group layoff, the employer must also tell employees in writing the decisional unit, the eligibility factors, the time limits, the job titles and ages of those eligible or selected, and the ages of those in the same job classifications or organizational unit who are not eligible or not selected (EEOC, Understanding Waivers of Discrimination Claims in Employee Severance Agreements).
Employment-related documents are the letters, policies, and side agreements that surround the job itself, from the first application to the final letter, and each of them has its own template.
Federal and state forms for a new hire cover work eligibility, federal income tax withholding, and a report to the state where the employee works, plus a direct deposit form when the employer pays that way.
Form I-9, Employment Eligibility Verification, records that a new hire’s identity and work authorization were checked, and it has one section for the employee and one for the employer (8 CFR 274a.2).
The new hire completes section 1 at the time of hire (8 CFR 274a.2). The employer examines the identity and work authorization documents and completes section 2 within three business days of the hire, or at the time of hire when the job lasts less than three business days (8 CFR 274a.2). An employer keeps the form for three years after the date of hire or one year after the employment ends, whichever is later (8 CFR 274a.2).
Form W-4, the Employee’s Withholding Certificate, tells an employer how much federal income tax to withhold from wages, and the IRS tells employers to have one on file for each employee (IRS Publication 15 (Circular E)).
Ask all new employees to give you a signed Form W-4 when they start work, and make it effective with the first wage payment (IRS Publication 15 (Circular E)). For a contractor, a client can use Form W-9 to request the taxpayer identification number (IRS Publication 15 (Circular E)).
A new hire report gives a state basic information about a new or rehired employee, and federal law requires it within 20 days of hire, with some states requiring it sooner (HHS Office of Child Support Services, New Hire Reporting).
Federal law does not require a report for independent contractors, though some states do (HHS Office of Child Support Services, New Hire Reporting). An employer with employees in more than one state can report each hire to the state where the person works, or register with HHS as a multistate employer and report all hires electronically to one selected state where you have employees (HHS Office of Child Support Services, New Hire Reporting).
For other state forms, check with your state’s labor and tax agencies before the first hire.
A direct deposit form authorizes an employer to transfer pay straight to an employee’s bank account, and it asks for the bank’s name and the employee’s account details.
The employer gets lower payroll processing costs and a secure transfer. The employee gets paid on time and does not have to go to the bank.
New hire paperwork runs in a natural order: the application and offer come first, then the signed agreement, then federal and state forms, and finally the company’s own employee forms.
Employment forms are the papers employers and employees use to start, run, and end a job. They include employment contracts, contractor agreements, evaluation and time-off request forms, and federal paperwork such as Form I-9 and Form W-4. FormsPal has a template for each of these.
Open the employment template that matches the job, fill it out online, and change any clause that does not fit your arrangement. Read the finished document with the other party before anyone signs it, and keep a signed copy.
An employment contract is for an employee’s job, permanent or fixed-term. It covers the schedule, salary, and benefits. An independent contractor agreement is for a project or service done by a self-employed person. It covers the project length and pay. The whole working relationship decides the worker’s status: the length of the job is one thing weighed and does not settle it alone, and neither does the form chosen, so a short project can still be an employee’s job if you have the right to control how it is done (IRS guidance on independent contractors and employees).
A contractor agreement is between a client and the contractor they hire. A subcontractor agreement is between that contractor and another party who finishes part of the project, such as the person who installs the outdoor lights in a garden project.
New hires usually fill out a short set of forms in their first days:
Every form in this list is a template on FormsPal. Keep a copy of each completed form in the employee’s records.
An evaluation form reviews how an employee is doing against company goals, often every quarter or year. A write-up form records poor behavior, such as a policy violation, and tells management about it.
How long an employer keeps employment forms depends on the form: Form I-9 stays for three years after the date of hire or one year after the employment ends, whichever is later (8 CFR 274a.2). The IRS says to keep all records of employment taxes for at least 4 years (IRS Publication 15 (Circular E)).
General information, not legal or tax advice.
