California technical support engineer employment contract template

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How California technical support engineer employment contract Differ from Other States

  1. California prohibits non-compete clauses, while many other states allow limited enforceability of such clauses.

  2. California mandates stricter overtime pay laws and rest breaks compared to federal minimum requirements in other states.

  3. California law protects employees’ rights to privacy more extensively, affecting monitoring and data handling within employment contracts.

Frequently Asked Questions (FAQ)

  • Q: Are non-compete clauses enforceable in California employment contracts?

    A: No, California law makes most non-compete clauses unenforceable in employment contracts.

  • Q: Is overtime pay mandatory for California technical support engineers?

    A: Yes, overtime pay is required for non-exempt employees working over 8 hours per day or 40 hours per week.

  • Q: Does the contract need to specify meal and rest breaks?

    A: Yes, California law requires clear policy language about meal and rest breaks for eligible employees.

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California Technical Support Engineer Employment Contract

This California Technical Support Engineer Employment Contract ("Agreement") is made and entered into as of [Date] by and between [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

Employment

  • Option A: Full-Time Employment. Employer hereby employs Employee as a full-time Technical Support Engineer.
  • Option B: Part-Time Employment. Employer hereby employs Employee as a part-time Technical Support Engineer.
  • This is an at-will employment, and either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. This is not a contract for a specified term.

Position and Duties

  • Position: Technical Support Engineer.
  • Core Duties:
    • Diagnosing and troubleshooting hardware and software issues.
    • Responding to technical inquiries via phone, email, remote access, and on-site support.
    • Escalating issues to higher-level support teams.
    • Documenting incidents and resolutions in a ticketing system.
    • Managing the lifecycle of support tickets.
    • Conducting root cause analysis.
    • Performing system/software installations, upgrades, and patch management.
    • Configuring systems and software.
    • Administering user accounts.
    • Adhering to support SLAs (Service Level Agreements).
  • Supported Product Lines/Technologies: [List of Product Lines/Technologies]
  • Ticketing/Help Desk Systems: [List of Ticketing Systems, e.g., ServiceNow, Jira Service Desk]
  • Customer/Client-Facing Requirements: [Description of required communication skills and language proficiency]
  • Level of Support:
    • Option A: Tier 1
    • Option B: Tier 2
    • Option C: Tier 3
  • Required Certifications: [List of Required Certifications, e.g., CompTIA A+, Network+, Microsoft, Cisco]

On-Call/Shift Work/After-Hours Coverage

  • Option A: On-Call Required. Employee may be required to participate in an on-call rotation. Details of the on-call rotation, including notification procedures, schedule modifications, and overtime/compensatory time procedures, will be provided separately and are compliant with California wage and hour law.
  • Option B: Shift Work Required. Employee may be required to work shifts outside of normal business hours. Details of the shifts will be provided separately and are compliant with California wage and hour law.
  • Option C: No On-Call/Shift Work. Employee is not required to participate in on-call rotations or shift work.

Field/Site Visits

  • Employee may be required to perform field or site visits for technical interventions.
  • Travel Policy: All travel will be governed by Employer’s Travel Policy, provided separately.
  • Mileage Reimbursement: Mileage reimbursement will be provided in accordance with California Labor Code.
  • Expense Reporting: Expenses will be reported and reimbursed according to Employer’s expense reporting policy.

Reporting Structure and Collaboration

  • Reports To: [Job Title of Supervisor]
  • Escalation Paths: [Description of Escalation Paths]
  • Collaboration: Employee will collaborate with engineering, IT, and customer service teams.
  • Knowledge Base: Employee will participate in technical knowledge bases, process documentation, and feedback loops.

Work Location and Remote/Hybrid/Onsite Policy

  • Primary Work Location: [City, State in California]
  • Option A: Onsite. Employee will primarily work onsite at the designated work location.
  • Option B: Remote. Employee will primarily work remotely, subject to Employer’s Remote Work Policy.
  • Option C: Hybrid. Employee will work a hybrid schedule, combining onsite and remote work, as determined by Employer.
  • Remote Work Policy: If remote work is permitted, it is subject to the Employer’s Remote Work Policy, which includes provisions for employer-provided devices, data security measures, VPN use, and protection of customer data in accordance with CCPA and other state privacy statutes.

Work Hours, Meal and Rest Breaks, Overtime

  • Full-Time: 40 hours per week.
  • Work Schedule: [Description of standard work schedule, including any flexible shifts]
  • Meal and Rest Breaks: Employee is entitled to meal and rest breaks in accordance with California law.
  • Timekeeping: Accurate timekeeping is required.
  • Overtime: Overtime will be paid in accordance with California law, including daily and weekly overtime and double-time triggers. Off-the-clock work is prohibited.

Compensation and Benefits

  • Base Salary/Hourly Wage: [Dollar Amount] per [Year/Hour].
  • Overtime Rate: 1.5 times the regular hourly rate for hours worked over 8 in a day or 40 in a week, and 2 times the regular hourly rate for hours worked over 12 in a day.
  • Payment Method and Frequency: [Description of payment method and frequency, e.g., direct deposit, bi-weekly].
  • Performance Bonus:
    • Option A: Eligible for a performance bonus based on [Description of performance metrics, e.g., customer satisfaction ratings, resolution speed]. The bonus calculation is detailed in the attached Bonus Plan document.
    • Option B: Not eligible for a performance bonus.
  • Benefits: Employee is eligible for benefits as described in the Employer's Benefits Summary, including health, dental, and vision insurance, 401(k) or CalSavers, paid vacation and sick leave, and paid holidays. Details of eligibility and coverage are provided separately.

Intellectual Property

  • All service tools, scripts, technical solutions, support documentation, and process improvements developed during employment are the property of Employer.
  • Inventions Assignment: Employee agrees to assign to Employer all inventions created during employment, subject to California Labor Code §2870 (prior inventions).
  • Proprietary Information and Inventions Agreement: Employee agrees to execute the attached Proprietary Information and Inventions Agreement.

Confidentiality

  • Employee shall maintain the confidentiality of customer data, proprietary troubleshooting methods, ticket logs, system configurations, vendor information, and internal support processes, both during and after employment.

Outside Work and Non-Solicitation

  • Option A: Employee is permitted to engage in outside work, subject to prior written approval from Employer and provided it does not conflict with Employee's duties to Employer.
  • Option B: Employee is prohibited from engaging in outside work that is competitive with Employer's business.
  • Non-Solicitation: During employment and for [Number] months following termination of employment, Employee agrees not to solicit Employer’s customers or employees. This non-solicitation obligation is limited to California’s legal restrictions. No non-compete agreement is imposed.

Conduct and Compliance

  • Employee shall conduct themselves professionally and courteously with clients and internal staff.
  • Employee shall comply with IT security protocols, including multi-factor authentication and regular password updates.
  • Employee shall adhere to all Employer policies and procedures.

Equipment

  • Equipment Issuance: Employer will provide Employee with the necessary equipment, including [List of equipment, e.g., laptop, phone].
  • Equipment Return: Upon termination of employment, Employee shall return all equipment to Employer.

Termination

  • At-Will Employment: This is an at-will employment relationship, and either party may terminate it at any time, with or without cause or notice, subject to applicable law.
  • Final Paycheck: Employee’s final paycheck will be provided in accordance with California law.
  • COBRA/Cal-COBRA: Employee will be notified of COBRA or Cal-COBRA continuation options as required by California law.

Anti-Discrimination and Harassment

  • Employer is an equal opportunity employer and prohibits discrimination and harassment based on any protected characteristic under California’s Fair Employment and Housing Act (FEHA).

Compliance with California Law

  • Employer represents that it is in compliance with all applicable California wage, hour, safety, and workers’ compensation statutes.

Dispute Resolution

  • Disputes shall be resolved through good faith negotiation and mediation before resorting to binding arbitration or litigation.
  • Venue and Choice of Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any legal action shall be in [County] County, California.

Employee Data Privacy

  • Employer will comply with the California Consumer Privacy Act (CCPA) regarding the processing of Employee's personal data.

Incorporated Documents

  • The following documents are incorporated by reference into this Agreement: Employee Handbook, IT Security Policy, Support Process Guides, Proprietary Information and Inventions Agreement, and Acknowledgment Forms.

Notices

  • All notices required under this Agreement shall be in writing and sent to the addresses listed above.

Severability, Amendment, and Assignment

  • If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may only be amended in writing signed by both parties. Assignment of this Agreement by Employee is prohibited.

Acknowledgement

  • Employee acknowledges that they have read and understood all provisions of this Agreement.

Immigration

  • Option A: N/A
  • Option B: The parties agree to comply with all federal laws and regulations regarding immigration, including participation in E-Verify.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________
[Employer Representative Name]

[Employer Representative Title]

[Employer Legal Name]

____________________________
[Employee Legal Name]
Employee

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