Maryland IT assistant employment contract template
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How Maryland IT assistant employment contract Differ from Other States
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Maryland mandates compliance with unique state labor laws, including strict wage payment and overtime calculation requirements.
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Non-compete agreements in Maryland are restricted for employees earning less than $15 per hour or $31,200 annually.
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Maryland law provides enhanced protection for employees relating to workplace discrimination and whistleblower retaliation.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract required by law in Maryland for IT assistants?
A: No, written employment contracts are not legally required for IT assistants in Maryland but are strongly recommended.
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Q: Are non-compete clauses enforceable in Maryland IT assistant contracts?
A: Non-compete clauses are limited in Maryland and prohibited for certain lower-wage IT assistant positions.
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Q: What laws protect Maryland IT assistants from wrongful termination?
A: Maryland adheres to at-will employment but protects IT assistants under anti-discrimination and whistleblower statutes.
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Maryland IT Assistant Employment Contract
This Maryland IT Assistant Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Name], located at [Employer Address] ("Employer") and [Employee Name], residing at [Employee Address] ("Employee").
Employment:
Option A: Employer hereby employs Employee as a full-time IT Assistant.
Option B: Employer hereby employs Employee as a part-time IT Assistant. (Note: Consider implications for benefits under Maryland law.)
Role and Responsibilities:
The Employee's primary role is IT Assistant, and will include the following duties:
- Desktop setup and support.
- Hardware and software troubleshooting.
- Installation and updates of operating systems and business software.
- Network connectivity support.
- Basic server support.
- Asset inventory management.
- User access administration.
- Enforcing office cybersecurity protocols.
- Updating and patching systems according to company IT policy.
- Managing ticketing systems.
- Assisting with company cloud platform support.
- Other duties as assigned.
Compliance with Maryland Data Security Laws:
- Employee will comply with the Maryland Personal Information Protection Act (PIPA) and all other applicable Maryland data security laws.
- Employee will handle personal data securely and report any suspected data breach immediately.
- Employee is required to notify the company of any suspected or actual breach of compliance protocols.
Work Location:
Option A: Employee's primary work location is [Employer Address].
Option B: Employee's primary work location is a designated remote worksite inside Maryland at [Employee Address].
- The Company's remote work policy, which includes standards for secure remote connections, VPN usage, assigned equipment, and data handling protocols, is attached as Exhibit A and incorporated by reference.
Option C: Employee's work location is hybrid, with a combination of on-site and remote work. Details of the hybrid work arrangement will be specified in Exhibit B.
Full-Time Employment Status:
Employee's full-time work hours are [Number] hours per week, generally from [Start Time] to [End Time], Monday through Friday.
Employee is entitled to rest and meal breaks as required by Maryland law.
The employer will maintain accurate records of Employee's hours worked for audit purposes, compliant with the Maryland Wage Payment and Collection Law (MWPCL).
- Option A: Overtime will be paid at 1.5 times the regular hourly rate for all hours worked over 40 in a workweek, as required by Maryland law.
- Option B: (For Exempt Employees) Employee is exempt from overtime pay under the [Specify Exemption - e.g., Computer Professional Exemption] criteria of the Fair Labor Standards Act (FLSA) and Maryland law.
Compensation:
Option A: Employee will be paid an hourly rate of [Dollar Amount] per hour.
Option B: Employee will be paid a salary of [Dollar Amount] per year, payable [Frequency - e.g., bi-weekly].
Payment will be made in accordance with the Maryland Wage Payment and Collection Law.
- Option A: Employee is eligible for a performance bonus based on criteria outlined in Exhibit C.
- Option B: Employee is eligible for on-call compensation at a rate of [Dollar Amount] for after-hours technical support.
Benefits:
Employee is eligible for the following benefits, subject to the terms and conditions of the applicable benefit plans:
- Health, dental, and vision insurance.
- Paid sick and safe leave, accruing at a rate compliant with Maryland and local ordinances (e.g., Montgomery County).
- Maryland statutory holidays.
- Vacation time, accruing at [Number] days per year.
- Option A: Professional development or technical certification reimbursement up to [Dollar Amount] per year for IT certifications relevant to the role.
- Option B: Reimbursement of work-related technology or travel expenses.
- [Other Benefits, e.g., commuter benefits]
Intellectual Property:
All work-related configurations, scripts, documentation, or process improvements initiated or completed during work hours or with company equipment are owned by the Employer.
Confidentiality and Data Security:
Employee shall not misuse or disclose any company or client data, consistent with Maryland data security laws.
Confidentiality, information security, and privacy obligations extend post-termination.
Employee shall adhere to secure password management, multi-factor authentication, and proper escalation of security incidents.
Behavioral Expectations:
Employee shall interact professionally with staff, adhere to helpdesk ticket management standards, and report any potential technical or data incidents immediately.
Company Property:
Employee shall use company-provided hardware responsibly and refrain from installing unauthorized software.
All IT equipment must be returned upon separation from employment.
Non-Compete:
Any non-compete provisions must comply with Maryland CODE, Labor and Employment § 3-716, and may be unenforceable if the Employee's earnings are below the statutory threshold. (Note: Consult legal counsel to ensure compliance.)
- Option A: No non-compete provision is included in this agreement.
- Option B: The Employee is subject to a non-compete agreement as outlined in Exhibit D. (Requires careful review for enforceability in Maryland.)
At-Will Employment:
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, subject to applicable Maryland law.
Employee-initiated resignation requires [Number] days' written notice.
Termination for cause (e.g., data breaches, gross negligence) may occur immediately.
In the event of termination, Employee will receive all final wages in accordance with Maryland law.
Dispute Resolution:
Option A: Any disputes arising out of or relating to this Agreement shall be resolved through mediation in [City, Maryland] before resorting to litigation.
Option B: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in [City, Maryland], in accordance with the rules of the American Arbitration Association.
Maryland law shall govern the interpretation and enforcement of this Agreement.
Compliance with Anti-Discrimination Laws:
Employer complies with all applicable Maryland anti-discrimination, equal employment, and anti-harassment laws, including Title 20 of the State Government Article, and protects against discrimination based on sexual orientation, gender identity, disability, and veteran status.
Occupational Safety:
Employer provides a safe working environment, including ergonomic workstation standards and on-premises emergency protocols.
Employee acknowledges Maryland's workers' compensation requirements and will report any on-the-job injuries immediately.
Entire Agreement:
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written, relating to the subject matter herein.
Amendment:
This Agreement may only be amended in writing, signed by both parties.
Digital Document Acceptance:
Electronically signed documents shall have the same force and effect as original signed documents.
Company Policies:
Employee agrees to adhere to all company policies, including those related to social media, internal messaging, and IT usage.
Governing Law:
This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland.
Severability:
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
____________________________
[Employee Name]