Georgia employment contract template

Georgia Employment Contract

This Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Name], a [State] [Entity Type] with its principal place of business at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address], with Social Security number [Employee SSN] ("Employee").

1. Basic Information

• Employer:
  • Company Name: [Employer Name]
  • Address: [Employer Address]
  • Legal Representative: [Legal Representative Name]
  • Contact Information: [Employer Contact Information]
• Employee:
  • Full Legal Name: [Employee Full Legal Name]
  • Address: [Employee Address]
  • Contact Details: [Employee Contact Details]
  • Social Security Number: [Employee SSN] (Note: Employer should handle this information securely and only collect if legally required).

2. Position and Responsibilities

• Job Title: [Job Title]
• Job Responsibilities: [Detailed description of responsibilities]
• Reporting Structure: Reports to [Supervisor Name and Title]
• Work Location: [Work Location]
• Work Schedule:
  • Option A: Full-time, [Number] hours per week.
  • Option B: Part-time, [Number] hours per week.
  • Option C: Temporary, for a period of [Duration].
  • Option D: Seasonal, from [Start Date] to [End Date].
• FLSA Status:
  • Option A: Exempt
  • Option B: Non-Exempt
• Anticipated Start Date: [Start Date]

3. Employment Type

• Option A: At-Will Employment. Employee's employment is at-will. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. This at-will status can only be modified by a written agreement signed by an officer of the Employer.
• Option B: Fixed-Term Employment.
  • Duration: The term of employment will be from [Start Date] to [End Date].
  • Renewal Criteria: [Criteria for renewal, if any]
  • Probationary Period:
    • Option 1: No probationary period.
    • Option 2: Probationary period of [Number] days. During the probationary period, the Employer may terminate employment at any time.

4. Compensation

• Compensation Structure:
  • Option A: Hourly Wage: [Dollar Amount] per hour.
  • Option B: Salary: [Dollar Amount] per year, payable in [Frequency] installments.
  • Option C: Commission: Commission structure as described in Exhibit A.
  • Option D: Bonus Eligibility: Eligible for a bonus as determined by the Employer, based on [Bonus Criteria].
• Method of Wage Payment:
  • Option A: Direct Deposit
  • Option B: Check
• Frequency of Pay:
  • Option A: Weekly
  • Option B: Bi-Weekly
  • Option C: Monthly
• Overtime Eligibility and Calculation: Non-exempt employees are eligible for overtime pay at a rate of one and one-half times their regular rate of pay for hours worked over 40 in a workweek, in accordance with the Fair Labor Standards Act (FLSA) and Georgia law.
• Changes to Pay: The Employer reserves the right to change the Employee’s compensation. Any changes will be communicated to the Employee in writing.

5. Benefits

• Healthcare Coverage:
  • Option A: Medical Insurance: Offered as described in the benefits plan document.
  • Option B: Dental Insurance: Offered as described in the benefits plan document.
  • Option C: Vision Insurance: Offered as described in the benefits plan document.
• Retirement Plans:
  • Option A: 401(k) plan: Offered as described in the plan document.
  • Option B: Pension plan: Offered as described in the plan document.
• Paid Time Off (PTO):
  • Vacation: [Number] days per year, accrued according to company policy.
  • Sick Leave: [Number] days per year, accrued according to company policy, in compliance with applicable law.
  • Personal Days: [Number] days per year, accrued according to company policy.
• Federal and State Leave Compliance: The Employer will comply with all applicable federal and Georgia leave laws, including FMLA.
• Holiday Policy: [Number] paid holidays per year, as designated by the Employer.
• Other Benefits: [List any other benefits offered, e.g., life insurance, disability insurance]
• Omit: No benefits offered.

6. Employee Obligations and Conduct

• Work Hours: Employee is expected to work the hours necessary to fulfill their job responsibilities.
• Punctuality: Employee is expected to be punctual and maintain a regular work schedule.
• Dress Code: [Describe dress code requirements]
• Use of Company Property: Employee will use company property responsibly and only for authorized purposes.
• Drug and Alcohol Policy: [Describe drug and alcohol policy, including testing if applicable]
• Anti-Harassment and Anti-Discrimination Policies: The Employer prohibits all forms of harassment and discrimination based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age (40 or older), disability, genetic information, or any other characteristic protected by federal, state, or local law. Equal employment opportunity is provided to all individuals regardless of these characteristics.
• Social Media Usage: [Describe social media policy, if any]
• Conflict of Interest: Employee agrees to avoid any conflicts of interest with the Employer. Employee will disclose any potential conflicts of interest to the Employer immediately.

7. Confidentiality

• Non-Disclosure Obligation: Employee agrees to hold confidential all proprietary information, trade secrets, client lists, and other confidential information of the Employer.
• Duration: This obligation survives termination of employment for [Number] years.
• Intellectual Property:
  • Option A: Employee agrees that all inventions, discoveries, and works of authorship created during employment related to the Employer’s business are the property of the Employer. Employee will assist the Employer in obtaining patents and copyrights as necessary.
  • Option B: Omit Intellectual Property Clause

8. Restrictive Covenants

• Non-Compete: (Note: In Georgia, non-competes must be reasonable in time, territory, and scope to be enforceable).
  • Option A: During employment and for [Number] years following termination, Employee will not engage in any business that competes with the Employer within [Geographic Area]. Competing business is defined as [Description of competing activities].
  • Option B: Omit Non-Compete Clause.
• Non-Solicitation:
  • Option A: During employment and for [Number] years following termination, Employee will not solicit the Employer’s clients or employees.
  • Option B: Omit Non-Solicitation Clause.
• Non-Disparagement:
  • Option A: Employee agrees not to disparage the Employer, its products, or its employees at any time.
  • Option B: Omit Non-Disparagement Clause.

9. Termination

• Voluntary Resignation: Employee must provide [Number] days’ written notice of resignation.
• Employer-Initiated Dismissal:
  • Option A: With Cause: The Employer may terminate employment for cause. Cause includes, but is not limited to, violation of company policy, insubordination, and poor performance.
  • Option B: Without Cause: The Employer may terminate employment without cause.
• Lay-Off/Reduction-in-Force: The Employer may terminate employment due to layoff or reduction-in-force.
• Abandonment: Failure to report to work for [Number] consecutive days without notice will be considered job abandonment.
• Final Wage Payment: Final wages will be paid to the Employee within the time prescribed by Georgia law.
• COBRA Notification: Employee will receive notification of COBRA rights upon termination.
• Return of Property: Employee must return all company property upon termination.
• Severance Pay:
  • Option A: Employee is eligible for severance pay as described in the severance policy.
  • Option B: No severance pay will be provided.
• Unemployment Eligibility: Termination of employment may affect eligibility for unemployment benefits.

10. Dispute Resolution

• Option A: Internal Grievance Process: Any disputes will be resolved through the Employer’s internal grievance process, as described in the employee handbook.
• Option B: Mandatory Mediation: Any disputes will be submitted to mandatory mediation before resorting to litigation.
• Option C: Mandatory Arbitration: Any disputes arising out of or relating to this Agreement will be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
• Option D: Litigation: Any disputes arising out of or relating to this Agreement will be resolved in the state or federal courts located in [County Name] County, Georgia.
• Governing Law: This Agreement will be governed by and construed in accordance with the laws of the State of Georgia.

11. Compliance with Laws

• Workers’ Compensation: The Employer provides workers’ compensation coverage in accordance with the Georgia Workers’ Compensation Act.
• Workplace Safety: The Employer maintains a safe workplace and complies with all applicable safety standards.
• Reporting Hazards/Injuries: Employee agrees to report any workplace hazards or injuries to the Employer immediately.

12. Statutory Acknowledgments

• Acknowledgment of Receipt of Employee Handbook: Employee acknowledges receipt of the employee handbook.
• Employment-at-Will Statement: Employee acknowledges that their employment is at-will, as stated above, unless otherwise modified in writing.
• Anti-Retaliation Notice: The Employer prohibits retaliation against employees who report violations of law or company policy.
• Wage Theft Prevention: The Employer complies with all applicable wage and hour laws.
• Fair Labor Standards Compliance: No provision of this Agreement may waive the Employee’s rights to overtime, minimum wage, or anti-discrimination protections under applicable federal and state laws.

13. Optional Sections

• Background Checks:
  • Option A: Employment is contingent upon successful completion of a background check.
  • Option B: Omit Background Check Clause.
• I-9 Employment Eligibility Verification: Employee must provide documentation verifying eligibility to work in the United States as required by federal law.
• Intellectual Property and Company Property Policies: Employee agrees to abide by the Employer’s policies regarding intellectual property and company property.
• Records Retention: Employee understands the Employer's records retention policy and agrees to adhere to it.
• Jury Duty and Voting Leave: The Employer complies with Georgia law regarding jury duty and voting leave.
• Military Leave and Accommodations: The Employer complies with all applicable federal and state laws regarding military leave and accommodations.
• Unique Employer-Specific Requirements: [Insert any other employer-specific requirements]

14. Remote Work (Optional)

• Remote Work Arrangement:
  • Option A: The employee will work remotely [Frequency, e.g., full-time, part-time].
  • Option B: No remote work arrangement.
• Reimbursement Policies: [Detail reimbursement policies for remote work, e.g., internet, phone].
• Safe Home Working Environment: Employee agrees to maintain a safe and secure working environment at their remote location.

15. Data Security (Optional)

• HIPAA Compliance (if applicable): Employee will comply with all applicable HIPAA regulations.
• GLBA Compliance (if applicable): Employee will comply with all applicable GLBA regulations.
• Data Security Policies: Employee will adhere to the Employer's data security policies.

16. Executive Level/Specialized Roles (Optional)

• Change of Control: [Describe change of control provisions, if any].
• Golden Parachute: [Describe golden parachute arrangements, if any].
• Incentive Compensation: [Describe additional incentive compensation arrangements, if any].

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

____________________________

[Employer Name]

By: [Legal Representative Name]

Title: [Legal Representative Title]

____________________________

[Employee Full Legal Name]

Employee Signature

Date: [Date]