Massachusetts employment contract template
View and compare the Free version and the Pro version.
Help Center
Need to learn how to convert downloaded contract DOCX files to PDF or add electronic signatures? Please visit our Help Center for detailed guidance.
How Massachusetts employment contract Differ from Other States
-
Massachusetts law imposes unique requirements on non-compete agreements, including duration limits and mandatory garden leave or similar consideration.
-
The state mandates employers to adhere closely to its Wage Act, enforcing strict payment deadlines and severe penalties for violations.
-
Massachusetts provides expanded employee protections against wrongful termination and discrimination compared to some other states.
Frequently Asked Questions (FAQ)
-
Q: Are non-compete clauses enforceable in Massachusetts employment contracts?
A: Non-compete clauses are enforceable only if they comply with state laws, including limitations on duration, scope, and provision of consideration.
-
Q: Is a written employment contract required in Massachusetts?
A: A written contract is not required by law, but it is strongly recommended to clearly establish terms, roles, and obligations of both parties.
-
Q: Can an employer terminate an employee at will in Massachusetts?
A: Yes, Massachusetts follows at-will employment, but exceptions apply, such as for unlawful discrimination or breach of contract.
HTML Code Preview
Massachusetts Employment Contract
This Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Name], with a principal place of business at [Employer Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).
1. Job Title and Responsibilities
- Option A: Employee's Job Title: [Job Title]
- Employee shall perform the following duties and responsibilities: [Detailed Description of Job Duties]
- Option B: Employee's Job Title: [Job Title]
- See attached job description as Exhibit A.
2. Work Location
- Option A: The Employee's primary work location will be [Work Location Address].
- Option B: The Employee may be required to work at other locations as reasonably required by the Employer.
3. Type of Employment
- Option A: Full-Time
- Exempt (from overtime under the Fair Labor Standards Act (FLSA) and Massachusetts law)
- Non-Exempt (subject to overtime under the Fair Labor Standards Act (FLSA) and Massachusetts law)
- Option B: Part-Time
- Exempt (from overtime under the Fair Labor Standards Act (FLSA) and Massachusetts law)
- Non-Exempt (subject to overtime under the Fair Labor Standards Act (FLSA) and Massachusetts law)
- Option C: Temporary
- Exempt (from overtime under the Fair Labor Standards Act (FLSA) and Massachusetts law)
- Non-Exempt (subject to overtime under the Fair Labor Standards Act (FLSA) and Massachusetts law)
- Option D: Seasonal
- Exempt (from overtime under the Fair Labor Standards Act (FLSA) and Massachusetts law)
- Non-Exempt (subject to overtime under the Fair Labor Standards Act (FLSA) and Massachusetts law)
- Option E: Internship
- Exempt (from overtime under the Fair Labor Standards Act (FLSA) and Massachusetts law)
- Non-Exempt (subject to overtime under the Fair Labor Standards Act (FLSA) and Massachusetts law)
4. Term of Employment
- Option A: At-Will Employment
- The Employee's employment with the Employer is at-will. This means that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable Massachusetts law, including public policy exceptions and statutory restrictions.
- Option B: Definite Term
- The term of employment shall commence on [Start Date] and shall continue until [End Date]. This Agreement may be renewed upon mutual written agreement of both parties. The employee's performance will be evaluated on [Evaluation Date].
5. Compensation and Benefits
- Compensation:
- Option A: Salary: The Employee's annual salary shall be [Annual Salary], payable in accordance with the Employer's standard payroll schedule.
- Option B: Hourly: The Employee's hourly rate shall be [Hourly Rate], payable in accordance with the Employer's standard payroll schedule.
- Option C: Commission: The Employee shall be eligible to receive commissions pursuant to the Employer's commission plan, as described in Exhibit B.
- Option D: Bonus: The Employee shall be eligible to receive bonuses pursuant to the Employer's bonus plan, as described in Exhibit C.
- Payroll Schedule: [Payroll Schedule, e.g., Bi-weekly]
- Overtime:
- The Employee shall be paid overtime in accordance with federal and Massachusetts law. Non-exempt employees shall be paid at one and one-half (1.5) times their regular rate of pay for all hours worked over forty (40) in a workweek. Massachusetts law may require overtime pay for work on Sundays and holidays; Employer shall comply with all such requirements.
- Benefits:
- Option A: Health Insurance: The Employee shall be eligible to participate in the Employer's health insurance plan, subject to the terms and conditions of the plan.
- Option B: Dental Insurance: The Employee shall be eligible to participate in the Employer's dental insurance plan, subject to the terms and conditions of the plan.
- Option C: Vision Insurance: The Employee shall be eligible to participate in the Employer's vision insurance plan, subject to the terms and conditions of the plan.
- Option D: Disability Insurance: The Employee shall be eligible to participate in the Employer's disability insurance plan, subject to the terms and conditions of the plan.
- Option E: Life Insurance: The Employee shall be eligible to participate in the Employer's life insurance plan, subject to the terms and conditions of the plan.
- Option F: Paid Time Off (PTO): The Employee shall accrue paid time off in accordance with the Employer's PTO policy. This includes vacation, personal, and sick leave. Employer shall comply with the Massachusetts Earned Sick Time Law.
- Option G: Holidays: The Employee shall be entitled to the following paid holidays: [List of Holidays].
- Option H: Family and Medical Leave: The Employee is eligible for leave under the Massachusetts Paid Family and Medical Leave Act (PFMLA) and the federal Family and Medical Leave Act (FMLA), subject to eligibility requirements.
- Option I: Retirement Plan: The Employee shall be eligible to participate in the Employer's [401(k) or other Retirement Plan], subject to the terms and conditions of the plan. Employer shall comply with Massachusetts' automatic IRA plan requirements, if applicable.
- Option J: Tuition Assistance: The Employee may be eligible for tuition assistance, subject to the Employer's tuition assistance policy.
- Option K: Employee Wellness Program: The Employee may be eligible to participate in the Employer's employee wellness program.
6. Work Schedule
- The Employee's work schedule shall be [Days of the Week], [Hours per Day], for a total of approximately [Hours per Week] hours per week.
- Breaks and Meal Periods: The Employee shall be entitled to breaks and meal periods in accordance with Massachusetts wage law. The Employer shall provide [Number and Length of Breaks] paid breaks and [Length of Meal Period] unpaid meal period.
- Option A: Remote/Hybrid Work: The Employee's position is [Remote/Hybrid/In-Office] and subject to the Employer's remote work policy, if applicable.
- Option B: No Remote/Hybrid Work: The Employee's position is primarily in-office at the location specified above.
7. Conduct Expectations
- The Employee shall adhere to the Employer's code of ethics, dress code, and policies regarding the use of employer property and technology.
- The Employee shall comply with all applicable laws and regulations.
- See attached Employee Handbook for further details on conduct expectations.
- Option A: Detailed behavior policies are attached as Exhibit D.
- Option B: Detailed behavior policies are described as follows: [Detailed Description of Behavior Policies].
8. Confidentiality
- The Employee acknowledges that during their employment, they may have access to confidential and proprietary information of the Employer, including trade secrets.
- The Employee agrees to hold such information in strict confidence and not to disclose it to any third party, either during or after employment, except as required by law.
9. Inventions and Intellectual Property
- Option A: All inventions, discoveries, and intellectual property created by the Employee during their employment, and related to the Employer's business, shall be the sole property of the Employer. The employee agrees to assign all rights to such intellectual property to the employer.
- Option B: This section intentionally omitted.
10. Restrictive Covenants
- Option A: Non-Compete Agreement
- The Employee agrees to be bound by the terms of the Non-Compete Agreement attached as Exhibit E, which complies with the Massachusetts Noncompetition Agreement Act. This includes, but is not limited to, limitations on post-employment activities, duration, and consideration (e.g., "garden leave").
- Option B: Non-Solicitation Agreement
- The Employee agrees to be bound by the terms of the Non-Solicitation Agreement attached as Exhibit F, which restricts the Employee from soliciting employees, customers, or vendors of the Employer for a specified period after termination of employment.
- Option C: Non-Disclosure Agreement
- The Employee agrees to be bound by the terms of the Non-Disclosure Agreement attached as Exhibit G, which further defines the confidentiality obligations of the employee.
- Option D: This section intentionally omitted.
11. Separation Provisions
- Upon termination of employment, the Employee shall immediately return all company property, including laptops, cell phones, and documents.
- Final Pay: The Employee's final paycheck, including all accrued wages, will be paid in accordance with Massachusetts law. This includes immediate payment upon involuntary discharge and payment by the next payday for employees who resign.
- Option A: The Employer will provide a letter of reference.
- Option B: The parties agree to refrain from disparaging each other.
- Option C: The Employer will provide outplacement services.
- Option D: The Employer will provide severance pay in accordance with the terms attached as Exhibit H.
12. Termination
- The Employee's employment may be terminated under the following circumstances:
- Voluntary Resignation: The Employee may resign from their employment by providing [Number] days' written notice to the Employer.
- Involuntary Dismissal: The Employer may terminate the Employee's employment with or without cause, subject to applicable Massachusetts law.
- Layoff: The Employer may terminate the Employee's employment due to a layoff or reduction in force.
- Payment of Accrued PTO: Upon termination, the Employee shall be paid for all accrued but unused paid time off in accordance with Massachusetts law and the Employer's policy.
- The Employer will comply with all statutory or policy-based restrictions against termination, including those based on public policy, anti-discrimination laws, and whistleblower protections.
- Option A: Just Cause Requirement: The Employer may only terminate the Employee's employment for just cause.
- Option B: Notice Period Requirement: The Employer shall provide the Employee with [Number] days' written notice prior to termination, except in cases of gross misconduct.
13. Dispute Resolution
- Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without regard to its conflict of laws principles.
- Jurisdiction and Venue: Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County Name], Massachusetts.
- Option A: Arbitration: Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association.
- Option B: Mediation: The parties agree to attempt to resolve any dispute arising out of or relating to this Agreement through mediation prior to initiating any legal action.
- Option C: Court Proceedings: The parties agree that any legal action arising out of or relating to this Agreement shall be resolved in a court of competent jurisdiction.
14. Workers' Compensation and OSHA Compliance
- The Employer shall maintain workers' compensation insurance coverage for the Employee in accordance with Massachusetts General Law.
- The Employer shall comply with all applicable OSHA requirements for workplace safety and any additional Massachusetts-specific health and safety obligations.
15. Anti-Discrimination and Equal Employment Opportunity
- The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, genetic information, veteran status, or any other characteristic protected by federal, state, or local law.
- This policy applies to all terms and conditions of employment, including hiring, firing, promotion, compensation, and benefits.
- Option A: The Employer is committed to affirmative action to ensure equal employment opportunities for all individuals.
- Option B: The Employer is committed to providing reasonable accommodations to qualified individuals with disabilities.
16. Acknowledgment and Integration
- The Employee acknowledges that they have read and understand this Agreement and any referenced policies or handbooks.
- 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.
17. Severability
- If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
18. Modification and Waiver
- This Agreement may be modified only by a written instrument signed by both parties.
- 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.
19. 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.
20. Counterparts
- This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Name]
By: ____________________________
[Employer Representative Name]
[Employer Representative Title]
____________________________
[Employee Name]