Illinois HR assistant employment contract template
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How Illinois HR assistant employment contract Differ from Other States
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Illinois mandates specific anti-discrimination and equal pay language that must be included, beyond federal baseline requirements seen in other states.
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Illinois requires explicit acknowledgment of the state’s at-will employment doctrine and notice requirements for any contract modifications.
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Under Illinois law, HR assistants must receive detailed disclosures regarding paid leave policies and minimum wage compliance, which may be more expansive than in other states.
Frequently Asked Questions (FAQ)
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Q: Is an Illinois HR assistant employment contract legally required?
A: A written contract is not legally required but is highly recommended to clarify terms and comply with Illinois employment laws.
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Q: What should be included regarding overtime in Illinois?
A: Illinois law requires clear statements on overtime eligibility and pay rates in employment contracts for non-exempt HR assistants.
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Q: Can the contract limit grounds for dismissal in Illinois?
A: Yes, while Illinois is an at-will state, contracts can specify termination procedures or protected reasons for dismissal.
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Illinois HR Assistant Employment Agreement
This Full-Time Illinois HR Assistant Employment Agreement (the "Agreement") is made and entered into as of [Date] by and between [Company Name], a [State] [Entity Type] with its principal place of business at [Company Address], hereinafter referred to as "Employer," and [Employee Name], residing at [Employee Address], hereinafter referred to as "Employee."
Employment Relationship
Option A: At-Will Employment
Employee's employment with Employer is "at-will," meaning that either Employer or Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. This at-will relationship does not affect Employee's rights under applicable discrimination or retaliation laws.
Option B: Trial Period
The first [Number] days of employment shall be considered a trial period, during which the employer has the right to terminate the employment relationship. After the trial period, the employment status will be evaluated and adjusted accordingly.
Job Title and Duties
Job Title: HR Assistant
Duties: Employee shall perform the following duties:
- Maintaining employee records and files in compliance with state and federal law.
- Assisting with new hire onboarding processes.
- Supporting payroll processing activities.
- Assisting in benefits administration.
- Maintaining I-9 and EEO records.
- Handling confidential employee information.
- Assisting in recruitment processes.
- Preparing HR-related reports.
- Monitoring timekeeping systems.
- Supporting employee training logistics.
- Distributing workplace notices as required by Illinois and federal law.
- Assisting with compliance audits related to the Illinois Department of Labor.
- Other duties as assigned by the Employer.
Supervision and Reporting
Option A: Reports to HR Manager
Employee will report directly to the HR Manager.
Option B: Reports to Director of HR
Employee will report directly to the Director of HR.
Work Location
Primary Location: The Employee’s primary work location shall be [Company Address].
Hybrid/Remote Work:
- Option A: Not Permitted
Remote work is not permitted.
- Option B: Permitted per Policy
Hybrid/Remote work may be permitted according to the Employer’s Remote Work Policy, which may be amended from time to time. Any such arrangements will comply with Illinois law, including reimbursement for necessary expenses under the Illinois Wage Payment and Collection Act.
Full-Time Employment and Work Schedule
Full-Time Status: Employee is a full-time employee.
Minimum Hours: Employee will work a minimum of [Number] hours per week.
Regular Schedule: Employee's regular work schedule will be [Days of the Week], from [Start Time] to [End Time].
Flexibility: Employee may be required to work additional hours as needed, subject to applicable overtime laws.
Overtime: Overtime will be paid at a rate of one and one-half times the Employee’s regular rate of pay for all hours worked over 40 in a workweek, in accordance with the Illinois Minimum Wage Law and the Fair Labor Standards Act (FLSA).
Meal and Rest Breaks
Meal Breaks: Employee is entitled to a [Number]-minute meal break for every [Number] consecutive hours worked, as required by Illinois law.
Rest Breaks: Employee is entitled to a [Number]-minute paid rest break for every [Number] consecutive hours worked, as required by Illinois law.
Compensation
Option A: Annual Salary
The employee will receive an annual salary of [Amount], payable in [Frequency, e.g., bi-weekly, semi-monthly] installments.
Option B: Hourly Wage
The employee will receive an hourly wage of [Amount], payable in [Frequency, e.g., bi-weekly, semi-monthly] installments. This wage meets or exceeds the Illinois minimum wage.
Method of Payment: Employee will be paid via [Method, e.g., check, direct deposit].
Overtime Pay: Overtime will be paid at a rate of one and one-half times the Employee’s regular rate of pay for all hours worked over 40 in a workweek.
Bonuses/Incentives:
- Option A: Eligible
Employee may be eligible for bonuses or incentive pay as determined by the Employer. Details of any bonus or incentive plans will be provided separately.
- Option B: Ineligible
Employee is not eligible for bonuses or incentive pay.
Benefits
Group Health Insurance:
- Option A: Eligible
Employee is eligible to participate in the Employer's group health insurance plan, subject to the terms and conditions of the plan.
- Option B: Ineligible
Employee is not eligible to participate in the Employer's group health insurance plan.
Vision and Dental Plans:
- Option A: Eligible
Employee is eligible to participate in the Employer's vision and dental plans, subject to the terms and conditions of the plans.
- Option B: Ineligible
Employee is not eligible to participate in the Employer's vision and dental plans.
401(k) or Retirement Plans:
- Option A: Eligible
Employee is eligible to participate in the Employer's 401(k) or other retirement plans, subject to the terms and conditions of the plan.
- Option B: Ineligible
Employee is not eligible to participate in the Employer's 401(k) or other retirement plans.
Paid Time Off (PTO): Employee will accrue paid time off (vacation, sick leave, and personal days) in accordance with the Employer’s PTO policy and the Illinois Paid Leave for All Workers Act. Specifically, the accrual rate is [Accrual Rate, e.g., X hours per pay period].
Statutory Holidays: Employee will be entitled to paid time off for statutory holidays recognized in Illinois.
Family and Medical Leave: Employee is eligible for family and medical leave in accordance with the Family and Medical Leave Act (FMLA) and the Illinois Family Military Leave Act.
Tuition/Professional Development:
- Option A: Eligible
Employee may be eligible for tuition reimbursement or professional development assistance as determined by the Employer. Details of any such programs will be provided separately.
- Option B: Ineligible
Employee is not eligible for tuition reimbursement or professional development assistance.
Company Policies and Handbooks
Compliance: Employee agrees to comply with all company policies and handbooks, including but not limited to confidentiality, anti-harassment, anti-discrimination, use of company property, internet and electronic communications policy, and professional dress/code of conduct policies.
Confidentiality
Confidential Information: Employee acknowledges that they will have access to confidential information, including employee data, payroll information, benefits information, business strategies, and HR policies. Employee agrees to hold all such information in strict confidence both during and after employment.
Data Protection and Security
Employee Responsibility: Employee is responsible for safeguarding sensitive HR documents (both digital and paper), ensuring data protection, and complying with the Illinois Biometric Information Privacy Act (BIPA), if applicable.
Intellectual Property
Ownership: Any intellectual property created by Employee related to HR document templates, procedures, or training materials will be owned by the Employer.
Compliance Obligations
Federal and State: Employee will comply with all federal (EEOC, FLSA, FMLA, etc.) and Illinois state-specific HR reporting and recordkeeping requirements.
Continuing Education: Employee is responsible for maintaining current knowledge of Illinois labor laws and participating in mandated legal or company-offered HR compliance trainings.
Performance Evaluation
Regular Evaluations: Employee's performance will be evaluated regularly.
Merit/Cost of Living Adjustments: Employee may be eligible for merit or cost-of-living adjustments as determined by the Employer.
Termination
At-Will Employment: This is an at-will employment relationship as defined under Illinois law.
Voluntary Resignation: Employee may resign at any time by providing [Number] days written notice to the Employer.
Discipline/Dismissal: Employer may terminate the Employee’s employment for cause, subject to applicable law.
Layoff: Employer may terminate the Employee's employment due to layoff or restructuring.
Final Pay: Upon termination, Employee will receive their final paycheck within the timeframes mandated by Illinois law, including payment for all accrued but unused PTO, subject to Employer policy and Illinois law. The final paycheck will be issued via [Method of final pay].
Return of Property: Upon termination, Employee will return all company property.
Exit Interview: Employee will participate in an exit interview.
Non-Retaliation
Protected Activity: Employer will not retaliate against Employee for good faith participation in investigations or whistleblower activity as protected by Illinois law.
Non-Compete
Option A: No Non-Compete
The parties agree that the Illinois Freedom to Work Act prohibits the enforcement of non-compete agreements. As such, the employee is not subject to any non-compete agreement with the employer.
Option B: Non-Solicitation/Confidentiality
Employee agrees that during and for a period of [Number] months following the termination of their employment, Employee shall not solicit the customers or employees of the Employer. Employee further agrees to maintain the confidentiality of Employer’s confidential information. This clause is intended to be enforceable to the extent permitted by Illinois law.
Anti-Discrimination and Anti-Harassment
Policy: Employer strictly prohibits discrimination and harassment based on race, color, religion, sex, national origin, age, sexual orientation, gender identity, marital status, military status, disability, or any other characteristic protected by the Illinois Human Rights Act.
Reporting Procedures: Employee is required to report any instances of discrimination or harassment.
Complaint Channels: Employer provides accessible complaint channels for reporting discrimination or harassment.
Training: Employee will participate in mandated annual anti-harassment training as per the Illinois Workplace Transparency Act.
Whistleblower Protections: Employer provides whistleblower protections as required by law.
Statutory Leaves
Eligibility: Employee is eligible for Illinois statutory leaves, including Paid Leave for All Workers, Victims’ Economic Security and Safety Act (VESSA) leave, and other local leave entitlements.
Workers' Compensation
Coverage: Employee is covered by Illinois workers’ compensation insurance.
Accident Reporting: Employee must report any work-related accidents immediately.
Dispute Resolution
Procedure: In the event of a dispute, Employee agrees to exhaust all informal complaint channels, including HR department review, before pursuing other legal remedies.
Mediation/Arbitration: Employer may require mediation or arbitration in Illinois before initiating litigation.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
Venue: Venue for any legal action shall be in [County] County, Illinois.
Background Checks and Security Clearance
Option A: Required
Employee acknowledges that employment is contingent upon successful completion of a background check and/or security clearance, in compliance with Illinois law.
Option B: Not Required
A background check or security clearance is not required for this position.
Mandatory Workplace Postings
Compliance: Employee will comply with all mandatory workplace posting requirements under Illinois and federal law.
Monitoring: Employee will monitor legislative changes that affect HR practices or employee rights.
Employee Acknowledgments and Consents
Employee agrees to sign and return all required employee acknowledgments and consent forms (e.g., electronic communications monitoring, background check, direct deposit, confidentiality, acknowledgment of receipt of employee handbook).
Eligibility to Work
Verification: Employee confirms that they are eligible to work in the United States and will complete Form I-9 as required by law.
Adjustments
Amendments: Employer may adjust or amend the terms of this agreement as necessitated by the specific nature of the role, employer policies, and evolving Illinois legal requirements.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Company Name]
By: [Authorized Representative Name]
Title: [Title]
[Employee Name]
Signature: ____________________________
Date: [Date]