Massachusetts accountant employment contract template
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How Massachusetts accountant employment contract Differ from Other States
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Massachusetts has unique employee non-compete law restrictions, notably limiting enforceability and duration compared to other states.
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The state mandates that employment contracts adhere strictly to Massachusetts Wage Act, impacting payment term provisions.
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Massachusetts recognizes implied covenants of good faith in contracts, offering broader employee protection than many other states.
Frequently Asked Questions (FAQ)
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Q: Is a written accountant employment contract required in Massachusetts?
A: While not strictly required, a written contract is highly recommended to specify terms and legal protections for both parties.
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Q: Can a Massachusetts accountant employment contract include a non-compete clause?
A: Yes, but Massachusetts law limits non-compete clauses in duration, geography, and scope, and they must meet specific legal standards.
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Q: Are there specific termination notice requirements for accountants in Massachusetts?
A: Massachusetts does not mandate a specific notice period unless stated in the contract, but Wage Act requirements must be followed.
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Massachusetts Accountant Employment Contract
This Massachusetts Accountant Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Full Legal Name], with a principal place of business at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").
1. Position
- Option A: The Employer hereby employs the Employee as a Full-Time Accountant.
- Option B: The Employer hereby employs the Employee as a [Specific Accounting Role, e.g., Senior Accountant].
- Responsibilities: The Employee's duties and core responsibilities include:
- General ledger management
- Accounts receivable and payable
- Payroll processing
- Monthly, quarterly, and annual closings
- Tax preparation in accordance with federal and Massachusetts DOR requirements
- Financial reporting under GAAP
- Internal and external audit support
- Regulatory compliance (especially with Massachusetts and federal tax, accounting, and financial laws)
- Maintaining and reconciling bank statements
- Preparing budget forecasts
- Participating in financial analysis for management decisions
2. Qualifications
- Option A: Possession of a CPA, CMA, or other relevant Massachusetts-recognized certifications.
- Option B: [Specific Required Certification].
- Continued education expectations: [Number] CPE credits annually.
- Experience with Massachusetts business and nonprofit reporting requirements.
- Proficiency in accounting software (e.g., QuickBooks, SAP, or industry-specific systems).
- Proficiency in [Specific Accounting Software].
3. Reporting Structure
- Immediate supervisor: [Supervisor Name and Title].
- Departmental alignment: [Accounting Department/Finance Department].
- Expectations for collaboration with other finance staff, legal counsel, or auditors.
4. Work Location
- Principal work location: [Specific Address in Massachusetts].
- Option A: This is a fully on-site position.
- Option B: This position offers hybrid work options, subject to Employer policy. Required on-site presence during audit or closing periods.
- Option C: This is a fully remote position, subject to Employer policy and compliance with Massachusetts remote work and data privacy requirements.
- Remote work address: [Employee Remote Work Address].
5. Employment Status and Hours
- This is a full-time employment position.
- Specific weekly hours: [Number] hours per week.
- Meal and rest break rules adhere to Massachusetts labor laws.
- Option A: Overtime eligible in accordance with Massachusetts "white-collar" exemptions and state wage-and-hour regulations.
- Option B: Overtime is not eligible for this position.
6. Compensation
- Option A: Salary: [Dollar Amount] per year.
- Option B: Hourly wage: [Dollar Amount] per hour.
- Pay frequency: Bi-weekly. (At least weekly or bi-weekly per Massachusetts law).
- Payment method: Direct deposit.
- Overtime and double-pay rules: In accordance with Massachusetts law.
- Option A: Annual bonus: Criteria based on [Specific Performance Metrics, e.g., accuracy, audit results]. Target bonus: [Percentage of Salary or Dollar Amount].
- Option B: Profit sharing: Allocation based on [Profit Sharing Formula].
- Compliance with Massachusetts minimum wage statutes.
7. Benefits
- Health insurance: [Health Insurance Plan Details] in accordance with Massachusetts Health Care Reform Act requirements.
- Dental insurance: [Dental Insurance Plan Details].
- Vision insurance: [Vision Insurance Plan Details].
- Paid time off:
- Massachusetts Earned Sick Time: In accordance with Massachusetts law.
- Paid parental or family medical leave: Under the Massachusetts Paid Family and Medical Leave (PFML) law.
- Vacation: [Number] days per year.
- Statutory holidays observed in Massachusetts.
- Option A: Commuter or parking benefits: [Benefit Details].
- Option B: Education or professional development expense reimbursement: Up to [Dollar Amount] per year for CPE credits etc.
- Option C: Retirement plan: [401(k) or Other Retirement Plan Details].
8. Intellectual Property and Work Product Ownership
- All financial reports, analyses, software customizations, auditing tools, templates, and documentation produced during employment are the property of the Employer.
- Protocols for work created in collaboration with third-party auditors or financial consultants: [Describe Protocols].
9. Confidentiality
- Strict confidentiality expectations regarding company and client financials, protected Massachusetts taxpayer information, audit processes, trade secrets, payroll data, and other sensitive information.
- Compliance with Massachusetts Data Security Law (201 CMR 17.00) and IRS safeguarding regulations for tax preparers.
- Confidentiality obligations survive after termination of employment.
10. Conflict of Interest
- Disclosure requirements for external accounting, tax, or consulting work.
- Disclosure requirements for investment practices.
- Compliance with AICPA ethics and Massachusetts-specific accounting statutes.
11. Code of Conduct
- Compliance with general company standards.
- Prohibition of fraudulent reporting, falsification of records, or financial misstatement.
- Required adherence to internal controls.
- Compliance with Massachusetts Board of Public Accountancy regulations (252 CMR).
12. Compliance with Laws
- Full compliance with Massachusetts Wage Act.
- Anti-retaliation, workplace harassment policies.
- Equal employment opportunity and non-discrimination clauses as required by Massachusetts law (including prohibitions based on race, color, national origin, age, gender, sexual orientation, gender identity, religion, veteran status, disability, genetic information, or other protected status).
- Reasonable accommodation process.
13. Technology and Security Policy
- Compliance with access, storage, and transmission of protected financial data policies.
- Observance of Massachusetts breach notification law (MGL c.93H and c.93I) if handling client or company data.
14. Non-Solicitation
- Limitations regarding soliciting company clients post-termination where enforceable under local law.
- Non-solicitation period: [Number] months.
- Geographic scope: [Specific Geographic Area].
15. Non-Compete
- Note on enforceability limitations for accountants in Massachusetts.
- If applicable, compliance with MGL c.149 §24L regarding proper consideration, notice requirements, and garden leave or compensation.
- Non-compete period: [Number] months.
- Geographic scope: [Specific Geographic Area].
- Scope of prohibited activities: [Specifically Define Prohibited Activities].
16. Termination
- At-will employment.
- Massachusetts-specific requirements for wage payment on termination (final pay due no later than day of dismissal).
- Resignation procedures: [Notice Period, e.g., Two Weeks].
- Option A: Severance obligations: [Severance Package Details].
- Option B: No severance obligations.
- Documentation and return of employer property or data.
- Requirements to assist in ongoing audits or regulatory matters after departure.
17. Dispute Resolution and Governing Law
- Any disputes are subject to Massachusetts jurisdiction.
- Preferred process: Negotiation, mediation, then litigation/arbitration as appropriate.
- Governing law: The laws of the Commonwealth of Massachusetts.
18. Workers' Compensation and Ergonomics
- Workers' compensation coverage.
- Ergonomic and occupational health requirements relevant to prolonged desk or screen work.
- Best practices for accountant-specific workload management.
19. Records Retention and Audit Trail
- Provisions for records retention.
- Audit trail creation.
- Digital signature acceptance in compliance with Massachusetts Uniform Electronic Transactions Act (UETA).
20. Licensing, Registration, and Continuing Education
- Employer's obligation to assist with or sponsor required licensing, registration, continuing professional education.
- Regular performance reviews based on accounting accuracy, regulatory compliance, and financial control improvement.
- Employer will reimburse [Percentage] of license and registration fees.
21. 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 hereof.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Full Legal Name]
By: ____________________________
[Employer Representative Name and Title]
____________________________
[Employee Full Legal Name]