Delaware accountant employment contract template

Delaware Accountant Employment Contract

This Delaware Accountant Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Name], a [State] [Entity Type] with its principal place of business at [Employer Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).

1. Employment

Option A: Employer hereby employs Employee as a full-time Accountant, and Employee hereby accepts such employment, subject to the terms and conditions hereinafter set forth.

Option B: Employer intends to employ Employee as a full-time Accountant, contingent upon successful completion of a background check.

2. Job Description

Option A: Employee’s primary responsibilities shall include, but not be limited to:

• Financial statement preparation in accordance with generally accepted accounting principles (GAAP).
• Bookkeeping and account reconciliation.
• Accounts payable and receivable management.
• Payroll processing compliant with Delaware tax withholding laws.
• Budgeting and cost analysis.
• Internal control procedures.
• Audit preparation and support.
• Financial forecasting.
• Compliance reporting.
• Maintenance of company ledgers and records.

Option B: Employee will also perform other duties as assigned by Employer from time to time.

3. Qualifications

Option A: Employee represents and warrants that they possess a valid Delaware Certified Public Accountant (CPA) license.

Option B: Employee shall maintain annual CPE requirements in accordance with the Delaware State Board of Accountancy.

Option C: Employee shall maintain membership in relevant professional organizations (e.g., AICPA, Delaware Society of CPAs).

Option D: Employee must have [Number] years of experience in [Industry] accounting.

4. Reporting Structure

Option A: Employee shall report directly to the [Supervisor Title, e.g., CFO, Controller].

Option B: Employee shall collaborate with the [Department, e.g., Legal, HR] department on compliance audits and payroll matters.

5. Work Location

Option A: The primary work location shall be [Address], Delaware.

Option B: This is a [Remote/Hybrid] position with the following requirements: [Specify Requirements, e.g., regular office visits, use of employer-provided equipment].

Option C: Employer will provide secure IT equipment and ensure compliance with Delaware data privacy obligations.

6. Work Hours

Option A: Employee’s standard work hours shall be [Number] hours per week, generally from [Start Time] to [End Time], Monday through Friday.

Option B: Employee is entitled to a [Number] minute lunch break and [Number] minute rest breaks, in accordance with the Delaware Wage Payment and Collection Act.

Option C: Overtime work must be pre-approved by [Supervisor Title] and will be compensated at a rate of one and one-half (1.5) times the Employee’s regular hourly rate for eligible roles, in compliance with Delaware wage and hour statutes.

7. Compensation

Option A: Employee shall receive a base salary of [Dollar Amount] per year, payable [Frequency, e.g., bi-weekly] via direct deposit.

Option B: Employee shall receive an hourly wage of [Dollar Amount], payable [Frequency, e.g., bi-weekly] via direct deposit.

Option C: Employee may be eligible for a performance bonus, subject to Employer’s bonus plan, with specific targets including: [List Targets, e.g., timely completion of audits, successful compliance reviews].

Option D: Employee is eligible for [Percentage]% profit sharing, subject to company profitability.

8. Benefits

Option A: Employee shall be eligible to participate in Employer’s health insurance plan, subject to the terms and conditions thereof.

Option B: Employee shall be eligible to participate in Employer's dental and vision insurance plans.

Option C: Employer shall provide life and disability insurance coverage.

Option D: Employee shall be eligible to participate in Employer’s 401(k) plan, subject to the terms and conditions thereof.

Option E: Employee shall accrue [Number] days of paid time off (PTO) per year, including vacation, sick leave, and Delaware state holidays.

Option F: Employee is eligible for leave under the Delaware Healthy Families Act, including paid family and medical leave.

Option G: Employer will reimburse Employee for continuing education or professional development expenses up to [Dollar Amount] per year, subject to approval.

9. Intellectual Property

Option A: All financial models, analysis tools, customized accounting software, internal documentation, and reports developed by Employee during their employment shall be the sole property of Employer.

Option B: Employee agrees to properly handle and store all company financial and client data in accordance with Delaware data security and financial recordkeeping statutes.

10. Confidentiality

Option A: Employee shall maintain the confidentiality of all company and client financial data, business strategies, payroll information, audit findings, and tax planning materials.

Option B: This confidentiality obligation shall survive the termination of Employee’s employment.

11. Conflict of Interest

Option A: Employee shall avoid any conflict of interest, including personal financial interests, independent consulting activities, or relationships with company clients/vendors that could compromise their duties to Employer.

Option B: Employee agrees to disclose any potential conflicts of interest to Employer immediately.

12. Regulatory Obligations

Option A: Employee shall assist in ensuring compliance with all applicable Delaware regulatory obligations, including annual Delaware franchise tax filings, sales tax reconciliation, and record retention requirements.

Option B: Employee shall cooperate with Employer during government audits or tax investigations.

Option C: Employee shall remain current with evolving Delaware tax rules impacting the Employer.

13. Professional Conduct

Option A: Employee shall adhere to the AICPA Code of Professional Conduct and Employer’s anti-fraud/embezzlement policies.

Option B: Employee shall submit reports accurately and in a timely manner.

Option C: Employee shall participate in ethics or anti-corruption training as required by Employer and Delaware financial regulations.

14. Non-Solicitation/Non-Poaching

Option A: During and after employment, Employee shall not solicit Employer’s clients or vendors.

Option B: During and after employment, Employee shall not poach Employer’s employees.

15. Restrictive Covenants

Option A: Employee agrees that for a period of [Number] months following termination of employment, Employee shall not engage in any accounting activities within [Geographic Area, e.g., New Castle County] for a business that competes with Employer.

Option B: The scope of this restriction is limited to [Specific Activities, e.g., providing tax preparation services to Employer’s current clients].

16. Termination

Option A: Employee’s employment is at-will and may be terminated by either party at any time, with or without cause, subject to the following:

• Option A.1: [Number] days written notice is required from either party.

Option B: Employer may terminate Employee’s employment for cause, including, but not limited to, gross negligence, fraud, or violation of Delaware professional/accounting laws.

Option C: Upon termination, Employee shall return all company equipment and data.

Option D: Final wage payment will be made in accordance with Delaware law.

17. Whistleblower Protection

Option A: Employer protects employees who report financial misconduct, fraud, or regulatory violations, in accordance with Delaware law.

Option B: Employer provides an anonymous reporting mechanism for employees to report concerns.

Option C: Employer prohibits retaliation against employees who report concerns in good faith.

18. Delaware-Mandated Disclosures

Option A: Employee acknowledges receipt of information regarding their rights under the Delaware Discrimination in Employment Act (DDEA) and the Delaware Whistleblowers’ Protection Act.

Option B: Employee acknowledges receipt of Employer’s Equal Employment Opportunity and anti-harassment policies.

19. Background Checks

Option A: Employee acknowledges that their employment is contingent upon successful completion of a background and/or reference check.

Option B: Employee acknowledges that Employer may conduct periodic credit or criminal history screenings, as permitted by Delaware law.

20. Professional Insurance

Option A: Employer will provide professional liability (errors & omissions) coverage for Employee.

Option B: Employee is covered under Employer’s Delaware workers’ compensation plan.

21. Performance Evaluation

Option A: Employee’s performance will be evaluated periodically by [Supervisor Title].

Option B: Performance evaluations will focus on [List Key Performance Areas, e.g., audit readiness, tax compliance accuracy, timely reporting].

22. Dispute Resolution

Option A: Any disputes arising out of or relating to this Agreement shall be resolved through good-faith negotiation and mediation.

Option B: If mediation is unsuccessful, the parties agree to submit the dispute to binding arbitration in Delaware, or litigation in Delaware courts.

Option C: Delaware law shall govern the interpretation and enforcement of this Agreement.

23. Notice and Amendment

Option A: Any notice required or permitted under this Agreement shall be in writing and delivered to the addresses set forth above.

Option B: This Agreement may be amended only by a written instrument signed by both parties.

24. Entire Agreement

Option A: This Agreement constitutes the entire agreement between the parties and supersedes all prior oral or written understandings.

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

____________________________

[Employer Representative Name]

[Employer Title]

[Employer Legal Name]

____________________________

[Employee Legal Name]