Kentucky HR generalist employment contract template

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How Kentucky HR generalist employment contract Differ from Other States

  1. Kentucky does not require written employment contracts, but specific disclosures may be necessary to comply with state wage payment laws.

  2. Non-compete clauses in Kentucky contracts face additional scrutiny and must be reasonably limited in time and geography.

  3. Kentucky is an at-will employment state without implied exceptions, impacting how termination and severance terms are drafted.

Frequently Asked Questions (FAQ)

  • Q: Is a written contract mandatory for HR generalists in Kentucky?

    A: No, Kentucky law does not mandate written employment contracts, but having one is advisable for clarity and protection.

  • Q: Are non-compete agreements enforceable for HR generalists in Kentucky?

    A: Yes, but they must be limited in scope, duration, and geography to be enforceable under Kentucky law.

  • Q: What is Kentucky’s stance on at-will employment in HR generalist contracts?

    A: Kentucky follows at-will employment, meaning either party can terminate employment at any time, for any legal reason.

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Kentucky HR Generalist Employment Contract

This Kentucky HR Generalist Employment Contract ("Agreement") is made and entered into as of [Date], by and between [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

1. Position: HR Generalist

  • Option A: The Employer hereby employs the Employee as a full-time HR Generalist.
  • Option B: The Employer hereby employs the Employee as a part-time HR Generalist.

2. Job Responsibilities:

  • The Employee shall perform the following duties, including, but not limited to:
    • Recruiting and Onboarding: Manage full-cycle recruitment and onboarding processes.
    • Employer Branding: Contribute to employer branding initiatives.
    • Orientation and Retention Programs: Develop and implement employee orientation and retention programs.
    • Benefits Administration: Administer employee benefits programs, ensuring compliance with Kentucky healthcare and unemployment insurance laws.
    • Compensation Analysis and Payroll Liaison: Assist with compensation analysis and serve as a liaison with payroll, ensuring compliance with Kentucky wage and hour laws.
    • HRIS Data Management and Recordkeeping: Manage HRIS data and maintain employee records, emphasizing compliance with Kentucky's Personnel Files Act and record retention requirements.
    • Leave of Absence Coordination: Coordinate leave of absence requests, highlighting Kentucky’s sick leave, jury duty, and military leave statutes.
    • Employee Relations and Conflict Resolution: Address employee relations issues and facilitate conflict resolution.
    • Policy Drafting and Implementation: Draft and implement HR policies and procedures.
    • Compliance Monitoring: Monitor compliance with federal and Kentucky labor and employment laws.
    • Workplace Investigations: Coordinate workplace investigations covering equal opportunity, anti-harassment, and EEOC requirements under both federal and Kentucky law.
    • HR Metrics and Reporting: Generate HR metrics and reports, including reports to Kentucky state agencies.
    • Workplace Safety and OSHA Compliance: Support workplace safety and OSHA compliance as required for Kentucky employers.
    • Support Company Disciplinary Processes: Support company disciplinary processes with reference to Kentucky’s at-will employment doctrine.

3. Reporting Structure and Collaboration:

  • The Employee shall report to [Manager Name], [Manager Title]. The Employee will collaborate with [List of Teams/Executives].

4. Principal Place of Work:

  • Option A: The Employee’s principal place of work shall be at [City, Kentucky], located at [Office Address].
  • Option B: The Employee will be allowed to work remotely, consistent with company practices, from [City, Kentucky].

5. Full-Time Employment:

  • The Employee's employment is full-time.
    • Option A: Customary weekly hours are [Number] hours per week, from [Start Time] to [End Time], Monday through Friday.
    • Option B: Customary weekly hours are [Number] hours per week. Flexible scheduling may be available with manager approval.

6. Compensation:

  • Option A: The Employer shall pay the Employee an annual base salary of [Salary Amount], payable [Pay Frequency, e.g., bi-weekly].
  • Option B: The Employer shall pay the Employee an hourly wage of [Hourly Wage Amount], payable [Pay Frequency, e.g., bi-weekly]. Overtime pay will be provided at a rate of 1.5 times the base hourly rate for all hours worked over 40 in a workweek, compliant with Kentucky Minimum Wage Law and FLSA where applicable.
  • Option A: The employee is eligible for an incentive compensation plan as described in [Document Name].
  • Option B: The employee is not eligible for incentive compensation.

7. Benefits:

  • The Employee shall be eligible for benefits as outlined in the Employer's benefits plan documents, including but not limited to:
    • Health, Dental, and Vision Insurance: Coverage as per company policy.
    • Life Insurance: Coverage amount as per company policy.
    • Short/Long-Term Disability: Coverage as per company policy.
    • 401(k) or State Retirement Plan: Eligibility and contribution details as per plan documents.
    • Paid Holidays: Observed holidays as defined by the company, consistent with common Kentucky employer practices.
    • Paid Time Off (PTO) and Sick Leave: Accrual rates and usage policies as defined in the employee handbook, referencing Kentucky guidance.
    • Compliance Training: Participation in required compliance training.
    • Professional Development: Support for attending Kentucky SHRM events or other relevant professional development activities, subject to approval.
    • Employee Assistance Program (EAP): Access to confidential counseling services.

8. Confidentiality:

The Employee acknowledges that during their employment, they will have access to confidential and proprietary information belonging to the Employer, including but not limited to employee data, payroll information, benefits information, investigation records, trade secrets, and business strategies. The Employee agrees to hold all such information in strict confidence and not to disclose it to any third party or use it for their own benefit or the benefit of any third party, either during or after the term of their employment, consistent with Kentucky law. This obligation survives termination of employment.

9. Intellectual Property:

The Employee agrees that all intellectual property created by the Employee during the course of their employment with the Employer, including but not limited to policies, handbooks, training materials, and other documents, shall be the sole and exclusive property of the Employer. The Employer shall have the right to use, reproduce, modify, and distribute such intellectual property in any manner it deems appropriate, according to Kentucky common law.

10. Compliance with Laws:

The Employee shall comply with all applicable federal and Commonwealth of Kentucky anti-discrimination, anti-harassment, and EEO laws (Title VII, ADA, ADEA, Kentucky Civil Rights Act), with specific reference to protected classes recognized by Kentucky. The Employee shall report any instances of harassment, discrimination, or workplace safety violations in accordance with company policy and applicable law. If the Employee is involved with the employment of minors, the Employee shall adhere to the Kentucky Child Labor Law, and Kentucky Wage and Hour Child Labor Provisions.

11. At-Will Employment:

The Employee's employment with the Employer is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable Kentucky law.

  • Option A: Employer requires a two-week notice from the Employee.
  • Option B: Employer does not require any specific advance notice from the Employee.
  • Option A: Upon termination, the Employer will provide one week severance for each year of service, subject to a maximum of four weeks.
  • Option B: Upon termination, the Employee will receive only final pay and earned benefits as required by Kentucky law.

12. Non-Compete and Non-Solicitation (Seek Legal Counsel Before Implementing):

  • Option A: Employee will be subject to a non-compete agreement after the termination of employment for [Number] months, limited to [Geographic Area], in [Specific Industry/Job Function]. This covenant is intended to be reasonable under Kentucky common law.
  • Option B: Employee is not subject to a non-compete agreement.
  • Option A: Employee will be subject to a non-solicitation agreement prohibiting the solicitation of employees or contractors of the Employer for [Number] months after the termination of employment.
  • Option B: Employee is not subject to a non-solicitation agreement.

If any portion of the non-compete or non-solicitation covenants are found to be unenforceable by a court of competent jurisdiction, it is the intent of the parties that the court modify the covenant to the extent necessary to make it enforceable, while preserving the parties’ original intent as closely as possible ("Blue-Pencil Clause").

13. Conflict of Interest and Outside Employment:

The Employee shall disclose any potential conflicts of interest or outside employment activities to the Employer and obtain prior written approval before engaging in such activities.

14. Reporting Discrimination/Harassment:

The Employee is required to report any incidents of discrimination or harassment to [Designated Contact/Department]. The Employer prohibits retaliation against any employee who reports such incidents in good faith.

15. Employee Handbook and Policies:

The Employee acknowledges receipt of the Employer's Employee Handbook, Code of Conduct (referencing Kentucky legal requirements), and policy documents (e.g., anti-harassment, FMLA, workplace safety), and agrees to be bound by the terms and conditions contained therein. These documents are incorporated by reference into this Agreement.

16. Workplace Posters:

The Employee acknowledges that workplace posters, as required by Kentucky law, are located [Location of Posters], and understands their right to access and review them.

17. Dispute Resolution:

Any dispute arising out of or relating to this Agreement shall be initially reported to HR for resolution. If unresolved, the parties agree to attempt to resolve the dispute through mediation. If mediation is unsuccessful, the parties agree that any legal action shall be brought in the state or federal courts located in [County Name] County, Kentucky, and governed by Kentucky law.

18. Workers' Compensation:

The Employee acknowledges that the Employer provides workers' compensation coverage as required by Kentucky law and understands their obligations in the event of a work-related injury.

19. Right to Review with Counsel:

The Employee acknowledges that they have been given the opportunity to review this Agreement with legal counsel of their choice. [Space for Legal Representative Contact Information, if applicable].

20. Union Relationships:

  • Option A: This contract is subject to the terms and conditions of the collective bargaining agreement between the Company and [Union Name].
  • Option B: This contract is not subject to any collective bargaining agreement.

21. Right-to-Work:

The Employer complies with the Kentucky right-to-work law.

22. Workplace Accommodations:

The Employee may request workplace accommodations due to disability or religious belief. Requests will be evaluated under federal and Kentucky law.

23. Severability and Modification:

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement may be modified only by a written amendment signed by both parties.

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

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

Signature:

Date:

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