Delaware executive assistant employment contract template

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How Delaware executive assistant employment contract Differ from Other States

  1. Delaware follows at-will employment laws but has state-specific exceptions, affecting the enforceability of termination clauses.

  2. Delaware mandates specific anti-discrimination provisions beyond federal requirements, impacting the drafting of workplace policies.

  3. Delaware imposes disclosure requirements for wage payments and pay deductions in employment contracts not always found in other states.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for executive assistants in Delaware?

    A: No, Delaware law does not require a written contract, but having one clarifies rights and responsibilities for both parties.

  • Q: Can a Delaware executive assistant employment contract include a non-compete clause?

    A: Yes, but Delaware courts closely scrutinize non-compete clauses for reasonableness in duration, geography, and protectable interests.

  • Q: Are final wages due immediately upon termination in Delaware?

    A: In Delaware, final wages must be paid on the next scheduled payday following termination, per state wage payment laws.

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Delaware Executive Assistant Employment Contract

This Full-Time Executive Assistant Employment Contract ("Agreement") is made and entered into as of this [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").

1. Position

  • Option A: The Employer hereby employs the Employee as a full-time Executive Assistant.
  • Option B: The Employee accepts employment with the Employer in the position of Executive Assistant.

2. Job Responsibilities

  • The Employee's primary responsibilities shall include, but are not limited to:
    • Advanced calendar management and scheduling.
    • Coordinating meetings (domestic and international).
    • High-level communication and correspondence on behalf of executives.
    • Travel arrangements (domestic and international).
    • Meeting preparation (agendas, presentation materials, minutes).
    • Confidential file and document management.
    • Expense report preparation and submission.
    • Office procurement and vendor liaison.
    • Executive support during critical events (board meetings, earnings calls, etc.).
    • Priority handling of time-sensitive requests.
    • Gatekeeping correspondence.
  • Option A: The Employee will demonstrate professional conduct, discretion, strict confidentiality, and emotional intelligence.
  • Option B: The Employee will maintain proficiency in Microsoft Office Suite, calendar management platforms [Specify platform], video conferencing tools [Specify tool], document management systems [Specify system], and travel booking platforms [Specify platform].

3. Reporting Structure

  • Option A: The Employee will report directly to [Executive Name], [Executive Title].
  • Option B: The Employee is expected to communicate effectively and responsively with the Executive.

4. Work Location

  • Option A: The primary work location will be at the Employer's office located in Delaware at [Office Address].
  • Option B:
    • Hybrid Work Policy: The employee is eligible for hybrid work.
    • Remote Work Schedule: [Describe Remote Work Schedule]
    • Hardware/Software Support: The company will provide [List hardware and software]
    • Data Security Procedures: [Describe Data Security Procedures]
  • Option C: Any request for a change in work location must be submitted in writing and approved by [Executive Name].

5. Employment Type and Work Hours

  • Option A: This is a full-time employment position.
    • Standard Weekly Hours: 40 hours per week.
    • Core Business Hours: [Start Time] to [End Time].
  • Option B:
    • Flexibility: The Employee is expected to be flexible during critical executive needs.
    • Overtime Policy: The Employee is classified as [Exempt/Non-Exempt] and overtime will be compensated according to Delaware wage and hour laws.
  • Option C: Meal and rest breaks will be provided in accordance with Delaware minimum standards. The employee is responsible for accurately recording all time worked.

6. Compensation

  • Option A: The Employee's base annual salary will be [Salary Amount], payable [Payment Frequency] in accordance with Delaware's wage payment statutes.
  • Option B: The Employee's hourly rate will be [Hourly Rate].
  • Option C:
    • Performance Bonus: The Employee is eligible for a performance bonus based on [Eligibility Criteria].
    • Executive Support Incentive: The Employee is eligible for the executive support incentive based on [Eligibility Criteria].

7. Benefits

  • The Employee will be eligible for the following benefits, subject to the Employer's policies and applicable waiting periods:
    • Health Insurance
    • Vision Insurance
    • Dental Insurance
    • Retirement Plan (Eligibility and enrollment details will be provided separately)
    • Paid Vacation: [Number] days per year.
    • Sick Leave: [Number] days per year in compliance with Delaware law.
    • Delaware Statutory Holidays
    • Personal Days: [Number] days per year.
  • Option A: The Employee may also be eligible for a remote work stipend to cover work-related expenses.
  • Option B: The Employer may provide professional development or certification opportunities relevant to the Employee’s role.

8. Recordkeeping

  • The Employee is responsible for accurate recordkeeping of hours, leave, and expenses using [Tool] in accordance with company procedures.

9. Confidentiality

  • Option A: The Employee acknowledges that they will have access to sensitive confidential information and agrees to maintain the confidentiality of such information during and after employment, adhering to Delaware's trade secrets and privacy statutes.
  • Option B: This includes but is not limited to executive communications, business strategy, personal and corporate data, and internal policies.

10. Intellectual Property

  • Option A: Any materials, processes, or documentation created by the Employee during the course of employment shall be the property of the Employer.
  • Option B: [Specify any exceptions or modifications to IP ownership]

11. Background Checks and Clearances

  • Option A: Employment is contingent upon successful completion of a background check.
  • Option B: [Specify any required clearances]

12. Outside Employment/Conflicts of Interest

  • Option A: The Employee agrees not to engage in any unauthorized external employment or consulting that creates a conflict of interest.
  • Option B: The Employee agrees to disclose any ongoing outside business activities to the Employer.

13. Behavioral Expectations

  • Option A: The Employee is expected to comply with all company policies, including those relating to anti-harassment, anti-discrimination, and equal employment opportunity, consistent with Delaware and federal law.
  • Option B: The Employer prohibits discrimination based on race, sex, age, disability, sexual orientation, gender identity, or any other protected characteristic.
  • Option C: The Employee is expected to maintain a professional workplace.

14. Complaint and Grievance Procedures

  • Option A: Any complaints or grievances should be reported to [Designated Contact].
  • Option B: The Employee may also contact the Delaware Department of Labor if necessary.

15. Company Property

  • Option A: The Employee is responsible for the care and return of all company property upon termination of employment.
  • Option B: The Employee is liable for any accidental or intentional damage to company property.

16. Driving and Travel

  • Option A: If driving or travel is required, the Employee must maintain valid insurance and comply with Delaware travel policies.
  • Option B: The Employer will reimburse the Employee for reasonable travel expenses.

17. At-Will Employment and Termination

  • Option A: This is an at-will employment relationship, meaning that either the Employer or the Employee may terminate the employment at any time, with or without cause, subject to applicable Delaware law.
  • Option B: In the event of termination, the Employee will participate in an exit interview and return all company property. The final paycheck will be provided in accordance with Delaware law.
  • Option C: Resignation Notice Period: [Number] days.

18. Post-Employment Restrictions

  • Option A: Non-Compete Clause: [Specify terms or state "No Non-Compete"]. (Note: Delaware courts scrutinize non-compete agreements closely)
  • Option B: The Employee agrees not to solicit the Employer's executives, clients, or vendors for a period of [Number] months following termination of employment.
  • Option C: The Employee agrees to maintain the confidentiality of the Employer's confidential information following termination of employment.

19. Performance Reviews

  • Option A: The Employee's performance will be reviewed periodically, typically [Frequency].
  • Option B: Performance reviews will be based on [Criteria] and will provide an opportunity for feedback.

20. Dispute Resolution

  • Option A: Any disputes arising out of or relating to this Agreement shall be resolved first through internal complaint processes.
  • Option B: If internal resolution is not possible, the parties agree to mediate or arbitrate the dispute in [Location], in accordance with [Rules].
  • Option C: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware.

21. Workers' Compensation and Safety

  • Option A: The Employee is covered by Delaware's workers' compensation laws.
  • Option B: The Employer will provide a safe and healthy work environment, including ergonomic and mental health considerations.

22. Litigation Holds and Records Requests

  • Option A: The Employee agrees to cooperate with the Employer in the event of any litigation holds, subpoenas, or records requests.
  • Option B: [Specify additional procedures related to legal matters]

23. Entire Agreement

  • This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

24. Severability

  • If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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

[Employer Legal Name]

By: [Authorized Representative Name]

Title: [Title]

[Employee Legal Name]

Signature:

Date:

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