Indiana graphic designer employment contract template

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How Indiana graphic designer employment contract Differ from Other States

  1. Indiana enforces non-compete clauses only if they are reasonable in scope, duration, and geographic area, which may differ from other states' standards.

  2. Indiana follows the doctrine of employment-at-will, but allows exceptions based on public policy not always recognized in other states.

  3. Indiana requires specific compliance with wage payment statutes, mandating timely payments that can affect contract terms for graphic designers.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for graphic designers in Indiana?

    A: While not legally required, having a written contract helps clarify terms and protects both parties in the employment relationship.

  • Q: Are non-compete clauses enforceable in Indiana graphic designer contracts?

    A: Yes, but Indiana courts will only enforce non-compete clauses that are narrowly tailored and reasonable in all respects.

  • Q: What should be included in an Indiana graphic designer employment contract?

    A: The contract should cover compensation, job duties, confidentiality, non-compete terms, ownership of work, and employment duration.

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Indiana Graphic Designer Employment Contract

This Indiana Graphic Designer Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Full Legal Name], located at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

Position and Duties

  • The Employer hires the Employee as a full-time Graphic Designer.
  • The Employee's primary duties include, but are not limited to:
    • Concept development for visual communications.
    • Branding and identity design.
    • Creation of digital and print media, including:
      • Advertisements
      • Social media graphics
      • Web assets
      • Brochures
      • Logos
      • Packaging
    • Using Adobe Creative Cloud and other industry-standard design software.
    • Adhering to company and client brand guidelines.
    • Collaborating with marketing and product teams.
    • Participating in creative meetings.
    • Reviewing and revising design drafts.
    • Maintaining digital asset management systems.
    • Implementing version control and file backup practices.
    • Complying with accessibility and copyright requirements.
    • Staying current with design trends.
    • Participating in professional development/training.
  • The Employee reports to [Reporting Manager Title].
  • Feedback and revisions will follow [Number] rounds of feedback.

Employment Status and Work Hours

  • The Employee's employment is at-will and full-time.
    • Option A: The employee will work 40 hours per week, Monday-Friday, [Start Time] to [End Time].
    • Option B: Work hours may vary, subject to Employer's needs, not exceeding 40 hours per week on average.
  • Overtime:
    • Option A: Overtime is not authorized unless pre-approved in writing by the Employer.
    • Option B: Overtime will be compensated at a rate of 1.5 times the employee’s regular rate of pay for hours worked over 40 in a workweek if the employee is classified as non-exempt.
  • Meal and Break Policies: [Detailed description of meal and break policies in compliance with Indiana Law]

Work Location and Equipment

  • The primary work location is [Address], Indiana.
    • Option A: This is a fully in-person position.
    • Option B: This position is eligible for hybrid/remote work arrangements as approved by management.
  • The Employer will provide:
    • Computer
    • Software licenses (Adobe Creative Cloud, etc.)
    • Other necessary equipment: [List Equipment]
  • Off-site work policies: [Detailed description of IT security, data privacy, and confidentiality policies for remote work.]

Compensation and Payment

  • The Employee's compensation will be:
    • Option A: A salary of [Dollar Amount] per year, paid [Pay Frequency: e.g., bi-weekly].
    • Option B: An hourly wage of [Dollar Amount] per hour, paid [Pay Frequency: e.g., bi-weekly].
  • Payment method:
    • Option A: Direct Deposit
    • Option B: Check
  • Overtime Rate: [Overtime Rate, if applicable] for non-exempt employees.
  • Bonus/Incentives:
    • Option A: The employee is eligible for a discretionary annual bonus based on performance and company profitability.
    • Option B: The employee is eligible for project-based incentives as detailed in Appendix A.
    • Option C: Not Applicable

Benefits

  • The Employee is eligible for the following benefits, subject to eligibility requirements and plan terms:
    • Health Insurance
    • Dental Insurance
    • Vision Insurance
    • 401(k) or Retirement Plan
    • Paid Vacation: [Number] days per year.
    • Personal Leave: [Number] days per year.
    • Holidays: [List of Paid Holidays].
    • Sick Leave: [Number] days per year.
    • Parental Leave: [Details of Parental Leave Policy].
    • Other benefits: [List any other benefits, e.g., wellness stipend, professional development budget].
    • Procedure for requesting and approving time off: [Describe the process]

At-Will Employment and Termination

  • The Employee's employment is at-will, meaning either party may terminate the employment relationship at any time, for any lawful reason, with or without notice.
  • Termination Procedures: [Specify any required procedures, such as notice period, if any].
  • Final Paycheck: The final paycheck will be delivered according to Indiana law.
  • Unused PTO Payout: [Specify policy on payout of unused PTO, if any].
  • Return of Company Property: Upon termination, the Employee must return all company property, including equipment and design files.
  • Exit Interview: The employee will participate in an exit interview.

Intellectual Property

  • All works created by the Employee during the course of employment, including designs, drafts, source files, fonts, and other creative assets, are "works made for hire" and the exclusive property of the Employer.
  • Use of Stock Resources/Third-Party Materials: The Employee must comply with all copyright laws and licensing agreements.

Confidentiality

  • The Employee shall not disclose or use any confidential information of the Employer or its clients, including proprietary information, source files, client lists, business plans, or trade secrets, during or after employment.
  • Post-Termination Obligations: The obligations of confidentiality shall survive the termination of this Agreement.

Portfolio Rights

  • Option A: The Employee may use employer-commissioned works in a personal portfolio, subject to Employer's prior written approval and client confidentiality requirements.
  • Option B: The Employee may not use employer-commissioned works in a personal portfolio without explicit consent from the employer and affected clients.

Compliance and Standards

  • The Employee shall comply with ADA accessibility standards for digital design.
  • The Employee shall ensure non-discriminatory depiction of individuals in marketing and advertising materials.
  • The Employee shall avoid plagiarism and uphold originality in all work.
  • Company behavioral standards: [Detail company code of conduct, communication expectations, dress code, social media policy, and IT/cybersecurity compliance].

Non-Competition, Non-Solicitation, Non-Disparagement

  • Non-Compete: The Employee agrees not to engage in any business activities that directly compete with the Employer within [Geographic Area] for a period of [Number] months following termination of employment. This restriction is limited to [Specific Competitive Activities].
  • Non-Solicitation: The Employee agrees not to solicit any clients or employees of the Employer for a period of [Number] months following termination of employment.
  • Non-Disparagement: The Employee agrees not to disparage the Employer or its products, services, or employees, either during or after employment.

Dispute Resolution

  • The parties shall attempt to resolve any disputes through negotiation and mediation before resorting to litigation.
  • Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. The venue for any legal action shall be in [County] County, Indiana.
  • Waiver of Jury Trial: [Include a waiver of jury trial only if permitted by law, and ensure it is conspicuous and knowingly made].

Compliance with Laws

  • This Agreement is subject to all applicable Indiana statutes and federal employment laws, including the Civil Rights Act, ADA, and FMLA.
  • The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other protected characteristic.

Entire Agreement

  • This Agreement constitutes the entire agreement between the parties and supersedes all prior negotiations, understandings, and agreements, whether oral or written.

Acknowledgment

  • The Employee acknowledges that they have had the opportunity to consult with legal counsel before signing this Agreement.

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

[Employer Full Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Full Legal Name]

Signature: ____________________________

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