Delaware maintenance technician employment contract template

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How Delaware maintenance technician employment contract Differ from Other States

  1. Delaware mandates specific final paycheck timing upon termination, typically requiring payment by the next regular payday, which may differ from other states’ rules.

  2. Delaware has unique at-will employment provisions, but prohibits termination based on certain state-protected classes beyond federal protections.

  3. State law requires explicit notice regarding pay rates and paydays at hiring, adding clarity beyond what is standard in some other U.S. states.

Frequently Asked Questions (FAQ)

  • Q: Is overtime pay required for maintenance technicians in Delaware?

    A: Yes, Delaware follows federal FLSA overtime laws, requiring overtime pay for hours worked over 40 in a workweek.

  • Q: Can a Delaware maintenance technician be terminated without cause?

    A: Delaware is an at-will employment state, so employers may generally terminate without cause unless restricted by contract or law.

  • Q: Are there required rest and meal breaks for maintenance technicians in Delaware?

    A: Delaware law does not require rest or meal breaks for adult employees, but employers often include them by policy or contract.

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Delaware Maintenance Technician Employment Agreement

This Delaware Maintenance Technician Employment Agreement (the "Agreement") is made and entered into as of [Date of Signing], by and between:

[Employer Full Legal Name], a company organized and existing under the laws of Delaware, with its principal place of business at [Employer Address], hereinafter referred to as "Employer,"

and

[Employee Full Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."

Employer Phone: [Employer Phone Number]

Employer Email: [Employer Email Address]

Employee Phone: [Employee Phone Number]

Employee Email: [Employee Email Address]

Employment

Job Title: Maintenance Technician

Option A: Full-Time Employment

As a full-time employee, the Employee is entitled to benefits as described in this Agreement, consistent with Delaware's definition of full-time employment.

Option B: Contract Employment

The Employee is employed as a contract worker under this agreement; the terms of full-time benefits do not apply.

At-Will Employment: Unless otherwise specified, this is an at-will employment relationship, terminable by either party at any time, with or without cause, subject to the notice provisions below.

Duties and Responsibilities

The Employee's duties and responsibilities include, but are not limited to, the following, with consideration for Delaware-specific building and safety codes:

Routine and preventive maintenance of building systems (HVAC, electrical, plumbing, structural).

Inspection and repair of building systems and equipment.

Emergency repairs as needed.

Equipment calibration and safety system checks.

Record-keeping of all maintenance activities using digital maintenance systems.

Compliance with manufacturer and state safety protocols.

Inventory management of maintenance supplies.

Mandatory participation in on-call rotations and after-hours response.

Option A: Required Delaware State Licenses/Certifications: [Specify Licenses/Certifications]

Option B: No specific licenses or certifications are required for this position.

Work Site and Travel

Primary Work Site Address: [Work Site Address] - [Type of Property: Residential, Commercial, Industrial, Educational]

Option A: Travel Requirements: The Employee may be required to travel between locations as needed. Mileage reimbursement will be provided at the current IRS rate.

Option B: No travel is required for this position.

Work Schedule and Hours

Shift Schedule: [Specify Shift Schedule, e.g., Monday-Friday, 8:00 AM - 5:00 PM]

Standard Working Hours: [Specify Hours Per Week]

Weekend/Holiday Expectations: [Specify Weekend/Holiday Work Expectations]

On-Call Policy: [Detailed On-Call Policy, including compensation and response time expectations in accordance with Delaware labor law]

Compensation

Hourly Wage/Salary: [Dollar Amount] per [Hour/Year]

Overtime Pay: Overtime will be paid at a rate of 1.5 times the regular hourly rate for all hours worked over 40 in a workweek, in accordance with Delaware's minimum wage and overtime laws.

Regular Pay Dates: [Specify Pay Dates, e.g., Bi-Weekly on Fridays]

Payment Method:

Option A: Electronic/Direct Deposit

Option B: Check

Shift Differentials: [Specify Shift Differentials for Nights/Weekends, if applicable]

On-Call/Emergency Response Pay: [Specify Compensation for On-Call and Emergency Response Time]

Performance Reviews:

Option A: Regular performance reviews will be conducted [Frequency, e.g., Annually].

Option B: This position is contract based, no performance reviews will be conducted.

Merit Increases: [Specify Criteria for Merit Increases, if applicable]

Benefits

Health Insurance:

Option A: The Employer offers health insurance coverage. Details are outlined in the employee benefits handbook.

Option B: The Employer does not offer health insurance coverage.

Dental Insurance:

Option A: The Employer offers dental insurance coverage. Details are outlined in the employee benefits handbook.

Option B: The Employer does not offer dental insurance coverage.

Vision Insurance:

Option A: The Employer offers vision insurance coverage. Details are outlined in the employee benefits handbook.

Option B: The Employer does not offer vision insurance coverage.

Paid Time Off (PTO): [Specify PTO Policy, including accrual rates]

Holidays: [List of Holidays Recognized by Employer, consistent with Delaware holidays]

Sick Leave: [Specify Sick Leave Policy, compliant with Delaware law]

Short-Term Disability:

Option A: Short-term disability coverage is provided. Details are outlined in the employee benefits handbook.

Option B: Short-term disability coverage is not provided.

Long-Term Disability:

Option A: Long-term disability coverage is provided. Details are outlined in the employee benefits handbook.

Option B: Long-term disability coverage is not provided.

Workers' Compensation: The Employer provides workers' compensation coverage as mandated by Delaware law.

Retirement/Pension Plan:

Option A: The Employer offers a retirement plan. Details are outlined in the employee benefits handbook.

Option B: The Employer does not offer a retirement plan.

Continuing Education/Licensing Reimbursement: [Specify Policy for Continuing Education/Licensing Reimbursements]

Uniform/Tool Replacement: [Specify Policy for Uniform/Tool Replacement, considering Delaware climate]

Tools, Uniforms, and Safety Equipment

The Employer will provide the following tools, uniforms, and safety equipment: [List of Items Provided].

The Employee is responsible for the care and return of all Employer property upon termination of employment.

Physical Requirements and Essential Functions

This position requires the ability to: [List Physical Requirements and Essential Functions, compliant with ADA standards]

Occupational Safety and Health

The Employee will comply with all mandatory Delaware and federal occupational safety and health standards, including:

OSHA training

Hazardous materials handling

Lockout/tagout procedures

Ladder and fall protection

Regular safety meetings

Proper signage

Compliance with building codes unique to Delaware municipalities

Reporting protocols for workplace injuries and "near misses" will be followed according to Delaware law.

Documentation and Communication

The Employee will properly document and communicate all work orders, repairs, and inspections according to Delaware and industry recordkeeping requirements.

Confidentiality

The Employee will maintain the confidentiality of building systems information and tenant/client information.

Behavior and Conduct

The Employee will comply with the Employer's anti-drug policies, background screening requirements, and zero-tolerance policy for workplace violence, harassment, or discrimination.

Option A: Pre-employment and random drug testing may be required as permitted under Delaware law.

Option B: No pre-employment or random drug testing is required for this position.

Restrictive Covenants

Option A: Non-Compete: The Employee agrees to the following non-compete restrictions: [Specify Non-Compete Restrictions, noting Delaware courts’ enforcement flexibility and reasonableness requirements].

Option B: Non-Solicitation: The Employee agrees to the following non-solicitation restrictions: [Specify Non-Solicitation Restrictions, noting Delaware courts’ enforcement flexibility and reasonableness requirements].

Option C: No non-compete or non-solicitation agreements are required.

Termination

This Agreement may be terminated as follows:

By the Employer for cause (performance, misconduct, gross negligence, layoff).

By the Employee for any reason.

Notice Period:

Option A: The Employee must provide [Number] days' notice of resignation. The Employer is required to provide [Number] days' notice for termination without cause, consistent with Delaware's at-will doctrine unless otherwise agreed.

Option B: No notice period is required.

Final Pay: Final pay, including any unused leave payout (if company policy requires), will be calculated and paid in accordance with Delaware law.

Return of Property: The Employee must return all keys, badges, equipment, and complete a final safety sign-off upon termination.

Dispute Resolution

Venue and Jurisdiction: Any disputes arising under this Agreement shall be resolved in the state and federal courts located in Delaware.

Preferred Resolution:

Option A: The parties agree to first attempt to resolve any disputes through internal grievance procedures, mediation, or arbitration.

Option B: All disputes shall be resolved directly in the courts of Delaware.

Anti-Discrimination and Equal Employment Opportunity

The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, marital status, or any other characteristic protected by Delaware law.

Updates to Job Description or Employment Terms

The Employer may update this job description or employment terms based on modified building codes, regulatory changes, or the Employer's operational needs. The Employee will be notified of any changes in writing.

Use of Personal Vehicle

Option A: The Employee is required to use a personal vehicle for work purposes. Mileage reimbursement will be provided at the current IRS rate.

Option B: The Employee is not required to use a personal vehicle for work purposes.

Building Access and Tenant/Client Communications

Option A: The Employee acknowledges and agrees to comply with all building access rules and to maintain the confidentiality of tenant/client communications.

Option B: The Employee acknowledges that no direct tenant/client communications are expected, and standard building access rules will apply.

Background Checks and Eligibility for Work

Employment is contingent upon successful completion of a background check and verification of eligibility to work in the United States, in accordance with Delaware business practices.

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

____________________________

[Employer Full Legal Name]

By: ____________________________

[Employer Representative Name and Title]

____________________________

[Employee Full Legal Name]

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