Maryland cook employment contract template

Maryland Cook Employment Contract

This Maryland Cook Employment Contract (the “Agreement”) is made and entered into as of [Date] (the “Execution Date”), and effective as of [Date] (the “Effective Date”), by and between:

[Employer Legal Name], a [State of Formation] [Entity Type, e.g., Corporation, LLC], with a principal place of business at [Employer Address], hereinafter referred to as "Employer," and

• Contact Phone: [Employer Phone Number]
• Contact Email: [Employer Email Address]

and

[Employee Full Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."

• Contact Phone: [Employee Phone Number]
• Contact Email: [Employee Email Address]

1. Position and Responsibilities

The Employer hereby employs the Employee as a Cook. The Employee accepts such employment and agrees to perform the following duties and responsibilities, as well as other duties as reasonably assigned by the Employer:

• Food Preparation:
  • Option A: Prepare ingredients, including washing, peeling, chopping, and measuring.
  • Option B: Follow standardized recipes and menus accurately.
• Cooking:
  • Option A: Cook food items using various methods, including frying, grilling, baking, and sautéing.
  • Option B: Ensure food is cooked to proper temperatures and standards.
• Plating and Garnishing:
  • Option A: Plate and garnish dishes according to established standards.
  • Option B: Ensure presentation is visually appealing.
• Inventory and Stock Management:
  • Option A: Assist in inventory management and stock rotation.
  • Option B: Report shortages or discrepancies to the head chef or kitchen manager.
• Compliance:
  • Option A: Adhere to portion control guidelines.
  • Option B: Follow food safety and allergen protocols as required by Maryland law.
• Cleaning and Sanitizing:
  • Option A: Clean and sanitize work areas, equipment, and utensils.
  • Option B: Follow cleaning schedules and procedures.
• Equipment Operation and Maintenance:
  • Option A: Operate and maintain kitchen equipment safely and efficiently.
  • Option B: Report any equipment malfunctions to the appropriate personnel.
• Reporting:
  • Option A: Report to the head chef or kitchen manager on daily tasks and issues.
  • Option B: Participate in kitchen team meetings and safety briefings.

2. Qualifications

The Employee represents and warrants that they possess the following qualifications:

• Required Certifications:
  • Option A: Maryland Food Handler Certification.
  • Option B: ServSafe Certification (or equivalent).
• Prior Training:
  • Option A: [Number] years of experience as a cook in a professional kitchen.
  • Option B: Formal culinary training or apprenticeship.
• Physical Demands:
  • Option A: Ability to lift up to [Number] pounds.
  • Option B: Ability to stand for extended periods.
  • Option C: Ability to use sharp tools and equipment safely.
  • Option D: Ability to work in a hot environment.

3. Workplace Standards

• Uniform and PPE:
  • Option A: Employee is required to wear a clean uniform as provided by the Employer.
  • Option B: Employee is required to wear appropriate Personal Protective Equipment (PPE), including gloves, hairnets, and closed-toe shoes.
• Hygiene Standards:
  • Option A: Employee must adhere to strict hygiene standards as required by Maryland health codes.
  • Option B: Frequent hand washing is mandatory.

4. Work Location

The Employee's primary work location will be at [Restaurant Name] located at [Restaurant Address] in Maryland.

• Option A: The Employee may be required to work at other Employer locations in Maryland as needed.
• Option B: Workplace postings as required by Maryland law, including the Maryland Healthy Working Families Act notice and any applicable tip credit disclosures, are displayed in the employee break room.

5. Employment Type and Hours

The Employee's position is a non-exempt, full-time position.

• Regular Hours:
  • Option A: The Employee's regular work schedule will be [Number] hours per week.
  • Option B: The Employee's shift will typically start at [Time] AM/PM and end at [Time] AM/PM.
• Work Schedule:
  • Option A: The Employee will be required to work weekends and holidays as needed.
  • Option B: The Employee's schedule may include split shifts.
• Breaks:
  • Option A: The Employee will be provided with a [Number]-minute meal break and [Number]-minute rest breaks in compliance with Maryland and Montgomery County labor laws.
• Overtime:
  • Option A: Overtime will be compensated at a rate of 1.5 times the Employee's regular hourly rate for all hours worked over 40 in a workweek, as required by Maryland law.

6. Compensation

• Wage:
  • Option A: The Employee's hourly wage will be [Dollar Amount] per hour.
  • Option B: The Employee's annual salary will be [Dollar Amount].
• Payment Frequency:
  • Option A: The Employee will be paid [Frequency, e.g., bi-weekly, semi-monthly], in accordance with Maryland law.
• Wage Discrepancies:
  • Option A: The Employee is responsible for reporting any wage discrepancies to [Contact Person/Department] immediately.
• Tips:
  • Option A: The Employee [Will/Will Not] participate in a tip pool. If participating, tip distribution will be in accordance with Maryland tip wage rules.
  • Option B: The Employer will provide an annual wage statement to the employee as required by state law.

7. Benefits

• Health Insurance:
  • Option A: The Employee [Is/Is Not] eligible to participate in the Employer's health insurance plan after [Number] days of employment.
  • Option B: (For small businesses) The Employer complies with ACA/Small Group requirements for health insurance.
• Paid Time Off (PTO):
  • Option A: The Employee will accrue [Number] days of vacation time per year.
  • Option B: The Employee will accrue [Number] days of sick leave per year, in compliance with Maryland's paid sick and safe leave policies.
• Other Benefits:
  • Option A: The Employee [Is/Is Not] eligible to participate in the Employer's 401(k) plan after [Number] months of employment.
  • Option B: The Employee will receive a [Discount Percentage] discount on meals at the restaurant.
  • Option C: The Employee will receive a uniform and laundry allowance of [Dollar Amount] per [Time Period].

8. COVID-19 Health Protocols

• Option A: The Employer will adhere to all COVID-19 health protocols as required by the Maryland Department of Health and local county regulations.
• Option B: Employees are required to follow all COVID-19 safety measures, including mask-wearing and social distancing when applicable.

9. Intellectual Property

• Recipes and Menu Improvements:
  • Option A: All recipes, menu improvements, and signature dishes created by the Employee during their employment shall be the sole and exclusive property of the Employer.
  • Option B: The Employer may offer recognition or incentives for culinary contributions.

10. Confidentiality

The Employee agrees to hold confidential all proprietary information of the Employer, including recipes, supplier lists, internal procedures, pricing, business practices, and any customer or employee information.

11. Behavioral Standards

• General Conduct:
  • Option A: The Employee is expected to maintain punctuality, sobriety, and a drug-free work environment (subject to Maryland's current marijuana and drug regulations).
  • Option B: The Employee must comply with all kitchen safety regulations and maintain a zero-tolerance policy for harassment.
  • Option C: The Employee must report any accidents, unsafe conditions, or food safety violations immediately.

12. Outside Employment

The Employee agrees not to engage in any outside catering or secondary culinary employment that conflicts with their full-time obligations to the Employer, in accordance with Maryland’s lawful conduct protections and right to work provisions.

13. Non-Solicitation and Non-Compete

• Non-Solicitation:
  • Option A: The Employee agrees not to solicit the Employer's staff or customers for a period of [Number] months following termination of employment.
• Non-Compete:
  • Option A: This agreement [Does/Does Not] include a non-compete clause. If included, it will comply with Maryland’s enforceability limits for lower-wage workers. (As of 2020, non-competes for employees earning less than $15/hr or $31,200/year are unenforceable.)

14. Termination

• At-Will Employment:
  • Option A: The Employee's employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, except as may be required by law.
• Grounds for Termination:
  • Option A: The Employer may terminate the Employee's employment immediately for cause, including but not limited to theft, food safety breaches, gross misconduct, absenteeism, or unsatisfactory performance.
• Final Paycheck:
  • Option A: The Employee's final paycheck will be delivered in accordance with Maryland law.
• Return of Property:
  • Option A: Upon termination, the Employee must return all uniforms and other property belonging to the Employer.

15. Grievance and Dispute Resolution

The Employer and Employee agree to prioritize good faith efforts to resolve any disputes internally through a complaint resolution process.

• Option A: The parties may agree to mediation as a means of resolving disputes.
• Option B: Any legal action arising out of this Agreement shall be brought in the courts of the State of Maryland, with venue in [County Name] County.

16. Statutory Notices

The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, gender, age, national origin, sexual orientation, gender identity, disability, or any other characteristic protected by Maryland and applicable local law.

The Employer is committed to providing a safe, inclusive, and respectful work environment.

17. Workers’ Compensation and Safety

The Employer complies with Maryland workers’ compensation requirements and occupational health and safety standards for commercial kitchens.

The Employee must report any workplace injuries to [Contact Person/Department] immediately.

18. Background Checks and Verification

• Option A: The Employee's employment is contingent upon the successful completion of a background check and reference checks.
• Option B: The Employee must provide documentation demonstrating eligibility to work in the United States. The Employer may use E-Verify to confirm eligibility.

The Employee acknowledges receipt of the Employee Handbook / Safety Manual

19. General Provisions

• Binding Effect: This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Integration: 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.
• Amendment: This Agreement may be amended only by a writing signed by both parties.
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without regard to its conflict of laws principles.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Execution Date.

____________________________
[Employer Legal Name]

By: ____________________________
[Employer Representative Name]

Title: [Employer Representative Title]

____________________________
[Employee Full Legal Name]