Delaware graphic designer employment contract template

Delaware Graphic Designer Employment Agreement

This Delaware Graphic Designer Employment Agreement (the "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").

Position and Duties

The Employer hereby employs the Employee as a Graphic Designer.

• Option A: The Employee's duties will include, but not be limited to: conceptualizing and creating digital and print visuals, developing brand assets, producing advertisements, marketing collateral, website graphics, social media content, infographics, packaging, and presentations.
• Option B: A detailed job description outlining specific duties is attached as Exhibit A and incorporated herein by reference.
• The Employee will be responsible for iterative design, feedback loops with stakeholders, project management software usage (such as Adobe Creative Suite, Figma, InDesign, Illustrator, Photoshop), adherence to creative briefs, brand guidelines, and deadlines. Responsibilities also include source file organization, asset versioning, accessibility compliance (e.g., ADA or WCAG standards as applicable to Delaware clientele), and clear reporting lines to [Job Title of Supervisor].

Work Location and Equipment

The primary work location is the Employer's Delaware office located at [Office Address].

• Option A: Hybrid work policy: The Employee will work from the office [Number] days per week and remotely [Number] days per week.
• Option B: Remote work policy: The Employee will work remotely. Requirements for remote work are outlined in Exhibit B.
• The Employer will provide the Employee with a computer, tablet, and other necessary digital tools. The Employer sets color calibration standards for all work. The employee is responsible for secured access protocols for offsite work.

Employment Status and Work Hours

Employment is full-time. The standard work week is [Number] hours.

• Option A: The core work schedule is [Start Time] to [End Time], Monday through Friday.
• Option B: Work schedule will vary based on project needs, and the employee is expected to maintain flexible work hours.
• Delaware-mandated meal and rest break policies apply. Overtime eligibility and calculation will comply with Delaware wage and hour statutes, including specific recordkeeping obligations.

Compensation and Benefits

The Employee shall be compensated as follows:

• Option A: Base salary of [Salary Amount] per year, payable [Pay Frequency] (e.g., bi-weekly).
• Option B: Hourly wage of [Wage Amount] per hour.
• Pay frequency is [Frequency of Paydays, e.g., bi-weekly] per Delaware law. Direct deposit details are: [Bank Name], [Account Number], [Routing Number].
• Option A: Performance-based bonus potential of up to [Percentage]% of annual salary, based on criteria outlined in Exhibit C.
• Option B: Commissions tied to campaign metrics or project completions will be determined on a project-by-project basis.
• Reimbursement for pre-approved graphic design-related expenses will be provided.

The Employee is eligible for the following benefits:

• Delaware-compliant health, vision, and dental insurance.
• Employer-paid or voluntary supplemental insurance.
• 401(k) or pension plan options.
• [Number] days of paid vacation per year.
• [Number] days of paid sick time per year.
• Paid Delaware state holidays.
• Family/medical leave protection under FMLA and applicable Delaware laws.
• Option A: Professional development stipend of [Amount] per year for industry conferences, software training, and design certifications.

Intellectual Property

All deliverables (designs, graphics, digital files, drafts, concepts) created in the course of employment shall be the Employer's sole property according to the Delaware Uniform Trade Secrets Act.

• Option A: Exceptions for pre-existing works must be disclosed in writing to the Employer.
• Written Employer authorization is required for use of open-source, stock images, or third-party content. Written Employer authorization is required for freelance work or portfolio displays of Employer-owned material.
• The employee may showcase their work while respecting Employer's business confidentiality and client privacy.

Confidentiality

The Employee shall maintain the confidentiality of all business information, design briefs, client identities, proprietary branding, and non-public materials, both during and after the term of employment.

• The Employee shall sign and comply with digital file security, data protection, and intellectual property infringement prevention policies.

Tool and Software Licensing

• Option A: The Employer holds and pays for all necessary software licenses.
• Option B: The Employee is responsible for maintaining their own software licenses for [List of Software].
• Use of Employer-provided accounts is required for all work-related activities.

Outside Employment

• Option A: The Employee is prohibited from engaging in outside employment or "moonlighting" in fields conflicting with the Employer or involving Delaware competitor brands without explicit Employer approval.
• Option B: The Employee may engage in outside employment that does not conflict with the Employer's business interests or violate any confidentiality obligations.

Non-Competition and Non-Solicitation

Delaware law allows reasonable, narrowly tailored post-employment restrictions on direct solicitation of clients or employees or use of confidential design concepts acquired during employment.

• Option A: During the [Number] months following termination of employment, the Employee shall not solicit any clients or employees of the Employer within a [Number] mile radius of the Employer's principal place of business.
• Option B: The Employee shall not use confidential design concepts acquired during employment with the Employer for the benefit of a competitor for a period of [Number] months following termination of employment.
• These clauses are intended to protect legitimate business interests and are time- and geographically-limited per Delaware legal precedent.

At-Will Employment

Employment is at-will, meaning either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to the notice provisions below.

• Option A: The Employee shall provide [Number] weeks' written notice of resignation.
• Option B: The Employer shall provide [Number] weeks' written notice of termination, or payment in lieu of notice.
• In the event of termination, the Employee will be paid all accrued vacation/sick time in accordance with Delaware law. The final paycheck will be provided in compliance with Delaware law. Severance pay will not be provided.
• Option C: Severance pay of [Number] weeks of salary will be provided upon termination by the employer without cause.

Anti-Discrimination Policy

The Employer is an equal opportunity employer and does not discriminate on the basis of race, gender, sexual orientation, religion, age, disability, gender identity, or any other protected characteristic under state or federal law. The Employer has policies regarding workplace harassment.

• Reporting procedures for discrimination or harassment are outlined in the Employee Handbook.

Professional Conduct

The Employee is expected to maintain high standards of professional conduct.

• This includes, but is not limited to, responding to project feedback in a timely manner, attending creative meetings or calls, participating in internal critiques and collaborative working sessions, and using Employer-provided email, calendar, file sharing, and digital asset management systems.

Workplace Safety

The Employer is committed to providing a safe and healthy workplace.

• The Employer provides ergonomic equipment and complies with Delaware workers' compensation laws. The Employer has an inclusion program for mental health support efforts.

Dispute Resolution

Any disputes arising under this Agreement shall be resolved as follows:

• First, through internal grievance processes.
• Second, through mediation in Delaware.
• Third, through binding arbitration in Delaware under the rules of the American Arbitration Association or litigation in the state courts of Delaware.

Performance Review

The Employee will receive an annual performance review.

• Opportunities for advancement and merit-based pay increases will be based on performance. The employee is expected to stay current on evolving graphic design standards.

Labor Law Notices

The Employee acknowledges receipt of all required Delaware and federal labor law notices, including wage posters, OSHA safety notices, FMLA information, and anti-discrimination pamphlets.

Customization

• Option A: The parties agree that only the provisions in Sections [List Sections] are subject to negotiation.
• Option B: All terms of this agreement are not subject to further negotiation.

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

____________________________
[Employer Representative Name]

____________________________
[Employer Representative Title]

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[Employee Name]