Illinois restaurant server employment contract template

Illinois Restaurant Server Employment Agreement

This Illinois Restaurant Server Employment Agreement (the "Agreement") is made and entered into as of [Date] by and between:

• [Restaurant Legal Entity Name], a [State] [Entity Type, e.g., Corporation] with its principal place of business at [Restaurant Registered Business Address] ("Employer"), and
• [Employee Full Legal Name], residing at [Employee Address] ("Employee"). Emergency Contact: [Emergency Contact Name], Phone: [Emergency Contact Phone Number]

1. Position and Job Description

• The Employer hereby employs the Employee as a Restaurant Server.
• The Employee's duties shall include, but are not limited to:
  • Greeting and seating guests.
  • Taking and accurately entering food and beverage orders into the POS system.
  • Serving food and beverages to guests promptly and efficiently.
  • Attending to guest requests and resolving issues professionally.
  • Processing payments, including handling cash and credit card transactions.
  • Clearing tables and resetting dining areas for subsequent guests.
  • Communicating menu details, daily specials, and answering guest inquiries about menu items.
  • Upselling menu items and promoting specials.
  • Participating in daily pre-shift meetings.
  • Adhering to all health and sanitation standards as required by the Illinois Department of Public Health (IDPH) and local health ordinances.
  • Assisting with opening and closing procedures as assigned by management.
• The Employee will report directly to [Direct Supervisor Name/Title]. The team consists of [Host, Bartender, Kitchen Staff, Bussers, etc.] and the Employee is expected to maintain professional communication with all staff.
  • Option A: The Employee reports to the [Assistant Manager].
  • Option B: The Employee reports to the [General Manager].

2. Employment Status and Scheduling

• The Employee's employment is considered "full-time."
• The Employee's scheduled weekly hours will be approximately [Number, e.g., 35-40] hours per week.
• The Employee may be scheduled for the following shifts:
  • Morning
  • Lunch
  • Dinner
  • Split Shifts
• The Employee must be available to work:
  • Weekends
  • Holidays
  • Option A: Weekends and Holidays
  • Option B: Specific Holidays: [List Specific Holidays]
• The Employee will receive a schedule [Number] days in advance. The restaurant will make reasonable efforts to accommodate employee requests for days off, submitted at least [Number] days in advance. Short-notice cancellations must adhere to the following policy: [Cancellation Policy].
• On-call requirements, if any: [Specify On-Call Requirements]
  • Option A: No on-call requirements.
  • Option B: The employee may be required to be on-call as needed.

3. Work Location

• The Employee's primary work location is [Restaurant Name] located at [Restaurant Illinois Address].
• Temporary reassignment policy: [Specify Policy for Temporary Reassignment, including notice requirements and commute considerations].

4. At-Will Employment

• The Employee's employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. This Agreement does not create any contractual right to continued employment.

5. Compensation

• The Employee will be paid an hourly tipped minimum wage of [$ Amount] per hour, in accordance with Illinois Minimum Wage Law (IMWL).
• The Employer utilizes a tip credit, as permitted by Illinois law. The Employer guarantees that the Employee's combined wages and tips will meet or exceed the Illinois minimum wage.
• Hourly tip rate: [Hourly Tip Rate].
• Tip Pooling:
  • Option A: There is no tip pooling. The Employee will retain all tips received directly from guests.
  • Option B: The Employer utilizes a tip pool. Tips will be distributed as follows: [Describe Tip Pooling Method and Controls].
• Payment Method:
  • Direct Deposit
  • Check
• Pay Frequency: [Pay Frequency, e.g., Bi-weekly].
• Overtime: The Employee will be paid overtime at a rate of 1.5 times their regular rate of pay for all hours worked over 40 in a workweek, factoring in the applicable tip credit as required by Illinois law.
• Tip Reporting: The Employee is responsible for accurately reporting all tips received to the Employer.
• Wage Errors: Procedures for resolving wage errors or tip disputes: [Specify Procedures].

6. Meal and Rest Breaks

• The Employee is entitled to meal and rest breaks as required by Illinois law. If working 7.5 hours or more, the Employee is entitled to a 20-minute unpaid meal break, which must be taken no later than 5 hours after the start of the shift.
• The Employee must request and record all breaks in accordance with Employer policy.
  • Option A: Breaks must be recorded on a timesheet.
  • Option B: Breaks must be recorded using the POS system.

7. Benefits

• Paid Sick Leave: The Employee will accrue and use paid sick leave in accordance with [Chicago/Cook County/Statewide Illinois] requirements. [Specify Accrual Rate and Usage Policy].
• Paid Vacation: [Specify Accrual Rate and Usage Policy, if any].
  • Option A: No paid vacation is offered.
  • Option B: Accrual of vacation time begins after [Number] months of employment.
• Holidays: [List Paid Holidays, if any].
  • Option A: No paid holidays are offered.
• Group Health Insurance: [Specify Eligibility, Cost-Share, Waiting Period, if any].
  • Option A: Health insurance is not offered.
• Retirement Plan: [Specify Retirement Plan Access, if any].
  • Option A: A retirement plan is not offered.
• Uniform Allowance: [Specify Allowance or Reimbursement Policy, if any].
  • Option A: Uniform is provided at no cost to the employee.
• Meal Benefits: [Specify Meal or Break Food/Beverage Benefits, if any].
  • Option A: Employees receive a [Discount Percentage] discount on food.
• Commuter Benefits: [Specify Commuter/Transportation Benefits, if any].
  • Option A: No commuter benefits are offered.

8. Training and Certification

• The Employee is required to participate in all required training, including:
  • Food Handler Certification
  • BASSET Alcohol Server Certification (if serving liquor)
• Ongoing Education Reimbursement: [Specify Reimbursement Policy, if any].
• Mandatory Attendance: The Employee is required to attend all staff meetings and safety briefings.
  • Option A: Staff meetings are [Frequency].

9. Workplace Safety and Hygiene

• The Employee must adhere to all workplace safety and hygiene standards, including:
  • Frequent handwashing
  • Prompt reporting of illness
  • Following food allergy protocols
  • Reporting any injury incidents immediately.
• The Employee must comply with all food safety and alcohol service regulations.
• The Employee must refuse service to intoxicated guests in accordance with Illinois Dram Shop laws.

10. Anti-Discrimination and Anti-Harassment Policy

• The Employer is committed to providing a workplace free of discrimination and harassment.
• The Employer complies with the Illinois Human Rights Act and all local anti-discrimination laws.
• Discrimination or harassment based on race, color, religion, national origin, gender, age, disability, sexual orientation, or any other protected characteristic is strictly prohibited.
• Reporting Harassment: The Employee must report any incidents of harassment (including manager and staff-to-staff incidents) to [Designated Contact Person/Department].
• Sexual Harassment Prevention Training: The Employee is required to complete mandatory annual sexual harassment prevention training as required by Illinois law.

11. Appearance and Grooming Standards

• The Employee must adhere to the Employer's appearance and grooming standards, including:
  • Uniform Standards: [Describe Uniform Standards]
  • Visible Tattoos: [Describe Policy on Visible Tattoos]
  • Piercings: [Describe Policy on Piercings]
• The Employer will provide the Employee with the required uniform(s).
• The Employee is responsible for the proper care and maintenance of the uniform(s).
• Uniforms are the property of [The Employee/Employer].
• Cost-Recovery Policy: [Specify Cost-Recovery Policy for Lost or Damaged Uniforms/Equipment. Include explicit waiver if deduction from pay requires voluntary written authorization as required by Illinois law.].

12. Customer Interaction and Conduct

• The Employee must provide excellent customer service at all times.
• The Employee must handle guest complaints professionally and escalate them to management as needed.
• The Employee must handle cash and tips securely.
• Social Media Conduct: The Employee must conduct themselves professionally on social media and refrain from posting anything that could damage the Employer's reputation.
• The Employee is prohibited from being intoxicated or using substances while at work.

13. Workplace Security and Confidentiality

• The Employee must comply with all workplace security protocols.
• The Employee must use the POS system responsibly.
• The Employee must maintain the confidentiality of guest and payment data.
• External Employment: Restrictions on external employment that might create a conflict of interest: [Specify Restrictions, keeping within Illinois legal standards].

14. Non-Compete Agreement

• In compliance with the Illinois Freedom to Work Act, this Agreement will not include any non-compete agreement if the employee's earnings are less than $75,000 per year.
• Any permissible post-employment restrictions (e.g., limited non-solicit or confidentiality) are limited to [Proprietary Recipes, Guest Lists, or Business Plans] and only as allowed by law.

15. Discipline, Warning, and Termination Procedures

• The Employer will utilize progressive discipline, which may include:
  • Verbal Warning
  • Written Warning
  • Suspension
  • Termination
• Grounds for Immediate Discharge: [Specify Grounds, e.g., Theft, Gross Misconduct].
• Resignation: The Employee must provide [Number] days' written notice of resignation.
• Final Pay: The Employee's final paycheck will be issued in accordance with the Illinois Wage Payment and Collection Act.
• Return of Property: The Employee must return all Employer property (e.g., uniform, security pass) upon termination of employment.

16. Workplace Complaints and Disputes

• The Employee should report any workplace complaints or disputes to their supervisor.
• If the issue is not resolved, the Employee may escalate the complaint to [Restaurant HR/Designated Contact Person].
• Mediation: [Specify Mediation Options, if any].
• Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
• Workers' Compensation: The Employer maintains workers' compensation insurance as required by law. Incident reporting and claim filing guidance: [Specify procedures].

17. Occupational Safety and Health

• The Employer complies with all OSHA and Illinois-specific restaurant occupational safety laws.
• [Safe Lifting Procedures, Slip/Trip/Fall Prevention, Chemical Safety Information, if applicable]
• Employee Support Resources: [Specify Employee Assistance Program, if available].
  • Option A: No employee support resources are offered.

18. Hours Worked and Overtime

• The Employee is responsible for accurately recording and reporting all hours worked.
• Off-the-clock work is strictly prohibited.
• Overtime must be approved by a manager prior to being worked.

19. Equal Opportunity Employer

• The Employer is an equal opportunity employer and is committed to diversity.
• ADA Accommodations: The Employer will provide reasonable accommodations to qualified individuals with disabilities in accordance with the Americans with Disabilities Act. Procedures for requesting ADA accommodations: [Specify procedures].
• Lactation Breaks: The Employer complies with Illinois law regarding lactation breaks.

20. Employee Handbook

• This Agreement is supplemented by the Employee Handbook, which contains additional policies and procedures.
• The Employee acknowledges receipt of the Employee Handbook.
• The Employee affirms receipt and understanding of all restaurant policies.

21. Entire Agreement

• This Agreement constitutes the entire agreement between the parties and supersedes all prior understandings or agreements, whether written or oral, relating to the employment of the Employee, unless specifically referenced or required by law.

22. Amendment

• This Agreement may be amended only by a written instrument signed by both parties.

23. Severability

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

24. Restaurant Policies
Restaurant policies not expressly described here such as [Dress Code, Tardiness, etc] are part of the employment terms if referenced in writing and provided to the employee.

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

____________________________
[Restaurant Legal Entity Name]
By: [Authorized Representative Name]
Title: [Title]

____________________________
[Employee Full Legal Name]

Date: [Date]