Maine employment contract template

Maine Employment Contract

This Employment Contract ("Agreement") is made and effective as of [Date], by and between:

• [Employer Name], a company organized under the laws of Maine, with its principal place of business at [Business Address] ("Employer"), and
• [Employee Full Legal Name], residing at [Employee Current Address] ("Employee").

1. Employment

• The Employer hereby employs the Employee, and the Employee hereby accepts employment with the Employer, subject to the terms and conditions of this Agreement.
• Option A: Full-Time Employment
• Option B: Part-Time Employment
• Option C: Seasonal Employment
• Option D: Temporary Employment

2. Job Title and Responsibilities

• The Employee's job title shall be [Job Title].
• The Employee shall report to [Direct Supervisor Name and Title].
• The Employee's primary responsibilities shall include, but are not limited to:
  • [Detailed Description of Job Duties and Responsibilities]
• The Employee's work location shall be [Work Location].
• Option A: Remote work may be permitted as per company policy.
• Option B: This is a hybrid role with [Number] days in the office and [Number] days remote.
• Option C: This is not a remote or hybrid position.

3. Exempt/Non-Exempt Status

• The Employee's position is classified as:
  • Option A: Exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).
    • Explanation for exemption: [Explanation of FLSA Exemption].
  • Option B: Non-Exempt from the overtime provisions of the Fair Labor Standards Act (FLSA).

4. Term of Employment

• Option A: Fixed Term Employment
  • The term of this Agreement shall commence on [Start Date] and end on [End Date].
  • Renewal or Extension Conditions: [Conditions for Renewal or Extension].
  • Evaluation Criteria: [Evaluation Criteria for Performance and Renewal].
• Option B: At-Will Employment
  • The Employee's employment 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.
  • This at-will employment relationship does not alter the Employer’s obligations not to terminate the employment relationship on grounds prohibited by law, including discrimination based on protected characteristics, retaliation for whistleblowing, or violation of public policy.

5. Compensation and Benefits

• The Employee shall receive the following compensation:
  • Option A: Base Salary: [Annual Salary], payable in accordance with the Employer's standard payroll schedule.
  • Option B: Wage Rate: [Hourly Rate], payable in accordance with the Employer's standard payroll schedule.
    • Pay Schedule:
      • Option A: Weekly
      • Option B: Bi-Weekly
      • Option C: Semi-Monthly
      • Option D: Monthly
• Overtime:
  • The Employee is [Eligible/Ineligible] for overtime pay in accordance with the Fair Labor Standards Act (FLSA) and Maine state law. Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over forty (40) in a workweek.
  • Maine Overtime: Some Maine employers may be subject to additional overtime requirements based on industry or occupation.
• Option A: Signing Bonus: The Employee shall receive a signing bonus of [Dollar Amount], subject to applicable taxes and deductions, payable [Payment Schedule].
• Option B: Incentive Compensation: The Employee is eligible for incentive compensation as outlined in the Employer's Incentive Compensation Plan.
• Option C: Commission: The Employee is eligible for commissions as outlined in the Employer's Commission Plan.
• Benefits:
  • Health Insurance: [Details of Health Insurance Coverage]
  • Dental/Vision Coverage: [Details of Dental/Vision Coverage]
  • 401(k) or Pension Plan: [Details of Retirement Plan]
  • Life and Disability Insurance: [Details of Life and Disability Insurance]
  • Paid Time Off/Vacation: The Employee shall accrue paid time off/vacation in accordance with the Employer's PTO policy. [Accrual Rate]
  • Holiday Pay: The Employee shall be entitled to [Number] paid holidays per year.
  • Sick Leave: The Employee shall accrue sick leave in accordance with Maine law and the Employer's sick leave policy. [Accrual Rate]
  • Parental/Family Leave: The Employee is eligible for parental/family leave in accordance with applicable federal and state laws.
  • Other Benefits: [List of Other Benefits]

6. Expense Reimbursement

• The Employee shall be reimbursed for reasonable and necessary business expenses incurred in the performance of their duties, subject to the Employer's expense reimbursement policy.
• The Employee must submit expense reports with supporting documentation in accordance with the Employer's expense policy.
• Option A: Relocation Support: The Employee is eligible for relocation support as outlined in the Employer's Relocation Policy.
• Option B: Travel: The Employee will be reimbursed for travel expenses in accordance with company policy.

7. Employee Conduct

• The Employee is expected to conduct themselves professionally and ethically at all times, adhering to the Employer's code of conduct and workplace policies.
• Standard Working Hours: [Number] hours per week.
• Overtime Authorization: Overtime work must be authorized in advance by the Employee's supervisor.
• Workplace Behavior: The Employee shall adhere to the Employer's code of conduct, which prohibits harassment, discrimination, and other unprofessional behavior.
• Dress Code: The Employee shall adhere to the Employer's dress code policy. [Details of Dress Code]
• Ethics Standards: The Employee shall adhere to the Employer's ethics standards.
• Personal Device Use: The use of personal devices during work hours is [Permitted/Restricted] as outlined in the Employer's policy.

8. Intellectual Property, Confidentiality, and Restrictive Covenants

• The Employee acknowledges that during their employment, they may have access to confidential and proprietary information of the Employer. The Employee agrees to protect the confidentiality of such information during and after their employment.
• Inventions and Works: The Employee agrees that all inventions, works, and other intellectual property created by the Employee during their employment with the Employer, and related to the Employer's business, are the sole property of the Employer. The employee hereby assigns all rights to such inventions, works, and intellectual property to Employer.
• Return of Company Property: Upon termination of employment, the Employee shall promptly return all company property, including but not limited to computers, mobile devices, documents, and data.
• Data Protection: The Employee shall comply with all applicable data protection laws and the Employer's data protection policies.
• Option A: Non-Disparagement: The Employee agrees not to disparage the Employer, its officers, directors, employees, or products.
• Option B: IP Assignment: The Employee agrees to execute any documents necessary to assign intellectual property rights to the Employer.
• Option C: Trade Secret Protection: The Employee agrees to protect the Employer's trade secrets and confidential information.

9. Non-Compete, Non-Solicitation, and External Employment

• Option A: Non-Compete: The Employee agrees not to engage in any business that competes with the Employer within [Geographic Scope] for a period of [Duration] following termination of employment. *Note: Maine law may restrict the enforceability of non-compete agreements.*
• Option B: Non-Solicitation: The Employee agrees not to solicit the Employer's clients or employees for a period of [Duration] following termination of employment.
• Option C: Outside Employment: The Employee must disclose any outside employment or business interests to the Employer and avoid any conflicts of interest.

10. Separation and Termination

• Voluntary Resignation: The Employee may resign their employment by providing the Employer with [Number] weeks' written notice. Final compensation will be paid in accordance with Maine law.
• Involuntary Termination: The Employer may terminate the Employee's employment for cause.
  • Grounds for Cause: [Definition of Cause]
  • Notice and Warning: [Notice and Warning Procedure]
  • Option A: Severance Pay: Upon termination, the Employee shall receive severance pay in accordance with the Employer's severance policy.
• Layoffs: The Employer may lay off employees due to business necessity.
• End of Contract: Upon the end of a fixed-term contract, the Employee's employment shall terminate automatically, without further notice.
• COBRA/Continuation of Health Coverage: The Employee is entitled to continuation of health coverage under COBRA, as applicable.
• Final Paycheck: The Employee's final paycheck will be provided in accordance with Maine law.
• Post-Employment Obligations: [List of Post-Employment Obligations, e.g., return of company property, confidentiality obligations].

11. Dispute Resolution

• Option A: Mediation: The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through mediation.
• Option B: Arbitration: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• Venue/Jurisdiction: The exclusive venue for any legal action arising out of or relating to this Agreement shall be the state and federal courts located in [County, Maine].
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Maine.

12. Compliance with Laws

• The Employer shall comply with all applicable federal and Maine laws, including but not limited to minimum wage, overtime, pay day frequency, pay stubs and recordkeeping, rest breaks and meal periods.
• Option A: Compliance Declaration: The Employer represents that it is in full compliance with all applicable federal and Maine employment laws.

13. Workers' Compensation and Safety

• The Employer shall maintain workers' compensation insurance coverage for the Employee as required by Maine law.
• The Employer shall comply with all applicable safety regulations and OSHA requirements.

14. Anti-Discrimination and Anti-Harassment

• The Employer is committed to providing a workplace free from discrimination and harassment. The Employer prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy, sexual orientation, and gender identity), national origin, age, disability, genetic information, or any other characteristic protected by law, in accordance with Title VII of the Civil Rights Act of 1964 and the Maine Human Rights Act.
• Sexual Harassment Prevention: The Employer has a sexual harassment prevention policy in place, and the Employee agrees to comply with its terms.
• Equal Employment Opportunity: The Employer is an equal opportunity employer.
• Reasonable Accommodation: The Employer will provide reasonable accommodations for qualified individuals with disabilities in accordance with the Americans with Disabilities Act (ADA).

15. Whistleblower Protection

• The Employer prohibits retaliation against employees who report suspected violations of law or company policy in good faith.

16. Final Provisions

• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.
• Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
• Assignment: This Agreement may not be assigned by the Employee without the Employer's prior written consent.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
• Successors: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
• Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or sent by certified mail, return receipt requested, to the addresses set forth above.
• Option A: Maine At-Will Status Summary: "Employment with this employer is at-will, meaning that the employment may be terminated at any time, with or without cause, by either the employee or the employer. This does not affect the employee's rights under any contract or collective bargaining agreement."
• Option B: Wage Notice Requirements: The Employer will provide the Employee with a written notice at the time of hire, specifying the rate of pay, the method of payment, and the frequency of payment, as required by Maine law.
• Option C: Maine Wage Payment Timing: Wages will be paid on a regular pay day, no more than [Specify Frequency, e.g., 16 days] after the end of the pay period, as required by Maine law.

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

[Employer Name]

By: [Authorized Signatory Name]

Title: [Authorized Signatory Title]

[Employee Full Legal Name]

Signature: ____________________________