Louisiana employment contract template

Louisiana Employment Contract

This Employment Contract is made and effective as of [Date], by and between [Employer Legal Name], a [Employer Business Structure] located at [Employer Address], hereinafter referred to as "Employer," and [Employee Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."

1. Employment

• Job Title and Description:
  • Option A: The Employer hires the Employee as [Job Title].
  • Option B: The Employee's duties and responsibilities are described in Exhibit A, attached hereto and incorporated by reference.
• Reporting Structure:
  • Option A: The Employee will report to [Supervisor Title/Name].
  • Option B: The Employee will report to the person designated by the Employer.
• Work Location:
  • Option A: The Employee's primary work location will be at [Work Location Address].
  • Option B: The Employee's work location may be subject to change based on the Employer's business needs.
• Remote Work/Hybrid:
  • Option A: The Employee is permitted to work remotely according to the Employer’s Remote Work Policy.
  • Option B: The Employee is expected to work in the office at least [Number] days per week.
  • Option C: No remote work is permitted.
• Employment Type:
  • Full-Time: The Employee is hired as a full-time employee.
  • Part-Time: The Employee is hired as a part-time employee.
  • Temporary: The Employee is hired as a temporary employee for a period of [Number] months.
  • Seasonal: The Employee is hired as a seasonal employee.
  • Contract: The Employee is hired as an independent contractor; a separate agreement governs the terms of this engagement.
  • Exempt: The Employee is classified as exempt from overtime pay under the Fair Labor Standards Act (FLSA).
  • Non-Exempt: The Employee is classified as non-exempt from overtime pay under the Fair Labor Standards Act (FLSA).

2. Term of Employment

• Fixed Term:
  • Option A: This employment shall commence on [Start Date] and shall continue until [End Date].
  • Option B: The employment may be renewed upon mutual written agreement of both parties.
  • Option C: The Employee's performance will be evaluated on [Date(s)].
• At-Will:
  • Option A: The employment relationship is "at-will," meaning that either the Employer or the Employee may terminate the employment at any time, with or without cause or notice.
  • Option B: This at-will provision does not alter the Employer's obligations under any applicable anti-discrimination or retaliation laws.
  • Option C: This employment is not "at-will" and can only be terminated for cause as defined below.

3. Compensation

• Base Salary/Wage:
  • Option A: The Employee's base salary will be [Dollar Amount] per year.
  • Option B: The Employee's base wage will be [Dollar Amount] per hour.
• Pay Frequency:
  • Option A: The Employee will be paid weekly.
  • Option B: The Employee will be paid bi-weekly.
  • Option C: The Employee will be paid monthly.
• Overtime:
  • Option A: The Employee is eligible for overtime pay at a rate of one and one-half times the regular rate of pay for all hours worked over 40 in a workweek.
  • Option B: The Employee is not eligible for overtime pay due to their exempt status.
  • Option C: Overtime will only be paid if pre-approved in writing by [Supervisor Title/Name].
• Commission/Bonus:
  • Option A: The Employee is eligible to participate in the Employer’s commission plan as described in Exhibit B, attached hereto and incorporated by reference.
  • Option B: The Employee is eligible for a performance-based bonus, the terms of which are outlined in Exhibit C, attached hereto and incorporated by reference.
• Signing Bonus:
  • Option A: The Employee will receive a signing bonus of [Dollar Amount], subject to the following conditions: [Conditions, e.g., repayment if employment terminates within a specified period].
  • Option B: No signing bonus will be provided.
• Payment Method:
  • Option A: Payment will be made via direct deposit.
  • Option B: Payment will be made by check.

4. Benefits

• Insurance:
  • Option A: The Employee is eligible to participate in the Employer’s health, dental, and vision insurance plans, subject to the terms and conditions of those plans.
  • Option B: The Employee is eligible to participate in the Employer's life insurance plan.
  • Option C: The Employee is eligible to participate in the Employer's disability insurance plan.
  • Option D: The Employee is not eligible for employer-provided insurance.
• Retirement Plan:
  • Option A: The Employee is eligible to participate in the Employer’s 401(k) plan, subject to the terms and conditions of the plan.
  • Option B: The Employee is not eligible for a retirement plan.
• Paid Leave:
  • Option A: The Employee is entitled to [Number] days of paid vacation leave per year, accruing according to company policy.
  • Option B: The Employee is entitled to [Number] days of paid sick leave per year, accruing according to company policy.
  • Option C: The Employee is entitled to [Number] personal days per year.
  • Option D: The Employee is entitled to paid leave for public holidays as designated by the Employer.
• Unpaid Leave:
  • Option A: The Employee may be eligible for unpaid leave under the Family and Medical Leave Act (FMLA).
  • Option B: The Employee may request unpaid leave for personal reasons, subject to Employer approval.
• Reimbursements:
  • Option A: The Employee will be reimbursed for reasonable and necessary business expenses incurred in the performance of their duties, subject to the Employer’s expense reimbursement policy.
  • Option B: The Employee will receive a [Dollar Amount] monthly allowance for [Specify e.g., phone, internet].
• Stock Options/Equity:
  • Option A: The Employee may be granted stock options or equity in the company, subject to a separate agreement.
  • Option B: The Employee will not be granted stock options or equity in the company.

5. Work Schedule

• Standard Hours: The Employee's standard workweek is [Number] hours per week.
• Flexibility:
  • Option A: The Employee’s work schedule may be flexible with prior approval from [Supervisor Title/Name].
  • Option B: The Employee is expected to work a fixed schedule of [Start Time] to [End Time], [Days of the week].
• Overtime: Mandatory overtime may be required based on business needs.
• Breaks: The Employee is entitled to rest and meal breaks in accordance with Louisiana law.
• Attendance: The Employee is expected to maintain satisfactory attendance and punctuality.
• Dress Code: The Employee is expected to adhere to the Employer's dress code policy.
• Conduct: The Employee is expected to maintain professional conduct and adhere to company policies.

6. Confidentiality and Intellectual Property

• Confidentiality: The Employee agrees to hold confidential all proprietary and confidential information of the Employer, both during and after employment.
• Intellectual Property: All intellectual property created by the Employee during their employment, related to the Employer's business, shall be the sole property of the Employer.
• Invention Disclosure: The Employee agrees to promptly disclose all inventions related to the Employer's business.
• Trade Secrets:
  • Option A: Trade Secrets are defined as [Definition of Trade Secrets].
  • Option B: The obligations under this clause shall not apply to information that is publicly available.

7. Restrictive Covenants (Subject to Louisiana Law)

• Non-Competition:
  • Option A: During the term of employment and for a period of [Number, Maximum 2] years following termination, the Employee shall not engage in any business that competes with the Employer within a [Geographic Area, Specific and Limited]. This covenant is supported by valuable consideration.
  • Option B: The non-competition agreement does not apply.
• Non-Solicitation:
  • Option A: During the term of employment and for a period of [Number] years following termination, the Employee shall not solicit the Employer's clients or employees.
  • Option B: The non-solicitation agreement does not apply.
• Non-Disparagement:
  • Option A: The Employee agrees not to disparage the Employer, its products, or its employees, either during or after employment.
  • Option B: The non-disparagement agreement does not apply.

8. Termination

• Voluntary Resignation: The Employee must provide [Number] weeks' written notice of resignation.
• Termination by Employer:
  • Option A: The Employer may terminate the Employee's employment with or without cause, subject to applicable law.
  • Option B: The Employer may terminate the Employee’s employment for cause.
  • Option C: Cause is defined as [Definition of Cause, e.g., misconduct, poor performance].
• Severance:
  • Option A: Upon termination without cause, the Employee may be entitled to severance pay as determined by company policy.
  • Option B: No severance will be paid.
• Final Pay: The Employee will receive all accrued wages and benefits in accordance with Louisiana law, including accrued vacation time if applicable.
• Return of Property: Upon termination, the Employee must return all company property.

9. Dispute Resolution

• Complaint/Grievance Procedure: The Employer has a complaint/grievance procedure as outlined in the Employee Handbook.
• Mediation:
  • Option A: Any dispute arising out of this agreement shall be submitted to mediation before resorting to litigation.
  • Option B: Mediation is not required.
• Arbitration:
  • Option A: Any dispute arising out of this agreement shall be resolved by binding arbitration. Employee acknowledges and agrees to waive any rights to a jury trial.
  • Option B: Arbitration is not required.
• Governing Law: This agreement shall be governed by and construed in accordance with the laws of the State of Louisiana and applicable federal law.
• Venue: The exclusive venue for any legal action shall be in [Parish Name] Parish, Louisiana.

10. Workers' Compensation and Safety

• Workers' Compensation: The Employee is covered by the Employer's workers' compensation insurance as required by Louisiana law.
• Safety: The Employee agrees to comply with all safety policies and procedures of the Employer and applicable federal and state regulations.

11. Anti-Discrimination and Equal Opportunity

• Equal Opportunity: The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, disability, age, genetic information, sickle cell trait, pregnancy, or any other protected characteristic under federal or Louisiana law.
• Harassment: The Employer prohibits harassment of any kind.
• Complaint Procedure: Any employee who believes they have been discriminated against or harassed should report the incident to [Designated Person/Department].

12. Employee Handbook and Policies

• Acknowledgement: The Employee acknowledges receipt of the Employee Handbook and agrees to abide by its policies.
• Revisions: The Employer reserves the right to revise its policies at any time.
• Background Checks/Drug Testing:
  • Option A: The Employee's employment is contingent upon successful completion of a background check and drug test, in accordance with Louisiana law.
  • Option B: Background checks and drug testing will be conducted periodically as permitted by Louisiana law.
• Immigration Compliance: The Employee must provide documentation establishing their eligibility to work in the United States as required by law (I-9 form).

13. Miscellaneous

• Modification: This agreement may only be modified in writing and signed by both parties.
• Severability: If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Assignment: This agreement may not be assigned by the Employee without the written consent of the Employer.
• Entire Agreement: This agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
• Waiver: No waiver of any provision of this agreement shall be effective unless in writing and signed by the waiving party.
• Notice: All notices required or permitted under this agreement shall be in writing and delivered to the addresses set forth above.

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

____________________________
[Employer Name/Title]

____________________________
[Employee Name]

Date: [Date]