Massachusetts IT assistant employment contract template
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How Massachusetts IT assistant employment contract Differ from Other States
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Massachusetts mandates strict compliance with wage and hour laws, including timely payment and specific minimum wage requirements that differ from some other states.
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Non-compete agreements in Massachusetts are subject to state-specific limitations, including duration and geographic scope, that are more restrictive than those in many other states.
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Employers must adhere to mandatory paid sick leave provisions under Massachusetts law, which may exceed the requirements found in other states.
Frequently Asked Questions (FAQ)
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Q: Is an employment contract required for IT assistants in Massachusetts?
A: No, written contracts are not legally required, but they are recommended to clarify terms and protect both parties.
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Q: Can non-compete clauses be used in Massachusetts IT assistant contracts?
A: Yes, but they are enforceable only with strict compliance to Massachusetts’s Noncompetition Agreement Act conditions.
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Q: Are Massachusetts employers required to provide paid sick leave to IT assistants?
A: Yes, by law, Massachusetts employers must provide paid sick leave to eligible IT assistants based on hours worked.
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Massachusetts IT Assistant Employment Contract
This Massachusetts IT Assistant Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Name], a company organized under the laws of Massachusetts, with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").
1. Position
The Employer hires the Employee as a full-time IT Assistant.
Option A: Job responsibilities include:
- Hardware and software installation, maintenance, and troubleshooting of user desktops and networked devices.
- Technical support ticket management.
- Operating system upgrades and patches.
- User account administration in Active Directory or similar systems.
- Support for email and collaboration tools.
- Printer/network peripheral setup.
- Inventory management of IT assets.
- Data backup/restoration.
- Monitoring of system logs and alerts.
- Device imaging and deployment.
- Mobile device configuration.
- Documentation of support procedures.
- Adherence to company cybersecurity protocols and acceptable use policies.
Option B: Other: [Detailed description of specific responsibilities]
Required skills and platforms: Windows, MacOS, Linux, Remote desktop utilities, Ticketing systems, Antivirus suites, VPN clients, and IT asset management systems.
The Employee reports to [IT Manager Name], IT Manager or designated supervisor.
The Employee will collaborate with other departments as needed.
2. Work Location and Arrangement
Primary work location: [Employer Address], Massachusetts.
Option A: Multiple work locations may be assigned.
Option B: The Employee will work [Onsite/Hybrid/Remote]
If Hybrid/Remote:
- Employer will provide [List of equipment/software provided].
- The Employee agrees to comply with all Massachusetts data protection and privacy laws.
- The Employee agrees to maintain encrypted communications and secure home Wi-Fi.
- Specific conditions for remote work are outlined in [Remote Work Policy Document Name].
3. Employment Status and Hours
Employment is full-time.
Standard weekly hours: [Number] hours per week.
Option A: On-call rotation or after-hours support is required.
Details regarding on-call compensation and schedules: [Detailed schedule]
Option B: No on-call rotation or after-hours support is required.
Overtime eligibility: Non-exempt, eligible for overtime pay per Massachusetts Overtime Law.
The Employee will receive overtime pay for hours worked over 40 in a workweek at a rate of not less than 1.5 times their regular rate of pay.
Break and meal periods will be provided in accordance with Massachusetts statutory minimums.
Time-keeping methods for wage/hour compliance: [Description of time-keeping methods].
4. Compensation and Benefits
Base [Annual/Hourly] pay: [Amount].
Wage band: [Wage Band].
Payment frequency: [Biweekly/Weekly] via direct deposit.
Option A: Discretionary performance bonus: [Description of bonus plan].
Option B: IT-specific incentives (e.g., certification completion bonuses): [Description of incentives].
Benefits:
- Health, dental, and vision insurance per Massachusetts minimum coverage standards and Health Connector options.
- Life and disability insurance.
- Employer-sponsored retirement plan: [401(k), 403(b), or MA auto-IRA].
- Accrual and use of paid vacation per company policy.
- Paid sick leave in line with the Massachusetts Earned Sick Time Law.
- Designated Massachusetts legal holidays.
- Paid family and medical leave in accordance with the Massachusetts Paid Family and Medical Leave Act.
- Option A: Professional development support: [Tuition/certification reimbursement, technical training allowances].
- Option B: Public transportation or parking reimbursement: [Description of reimbursement policy].
- Option C: Wellness or mental health support benefits (referencing local resources): [Description of benefits and resources].
5. Intellectual Property
Any system configurations, scripts, procedures, documentation, training materials, or technical artifacts generated during employment are owned by the Employer.
All work product is owned by the Employer.
The Employee agrees to comply with all state and federal computer crime and wiretap laws.
The Employee will follow the Employer's process for use of and contribution to open-source software.
6. Confidentiality
The Employee agrees to maintain strict confidentiality of proprietary information, system access credentials, business processes, network topologies, client or employee data, and trade secrets.
Confidentiality obligations survive termination of employment.
The Employee will immediately report any suspected security or data breaches per Employer policy and the Massachusetts Data Breach Notification Law.
7. Security Policy and Best Practices
The Employee will comply with all security policies and best practices.
Mandatory security awareness training is required.
Two-factor authentication is required for all accounts.
Regular password updates are required.
Restrictions on the use of personal devices apply in line with Massachusetts data privacy law and industry-specific regulations.
8. External Work
The Employee is prohibited from engaging in any conflicting work or engagement with IT service providers without written Employer consent.
9. Professional Conduct
The Employee will maintain prompt response to support requests.
The Employee will maintain accurate ticket records.
The Employee will maintain respectful workplace behavior, including in virtual IT communications.
The Employee will adhere to digital accessibility and inclusive IT support guidelines.
10. Non-Solicitation and Non-Disclosure
Option A: Employee agrees not to solicit, for employment or business purposes, any employee or client of employer.
- Option A1: This restriction shall last for [Number] years following termination of employment.
- Option A2: This restriction applies within [Geographic area].
Option B: Employee agrees to hold the employer's trade secrets and confidential information in confidence during and after termination of employment.
This Agreement complies with the 2018 Massachusetts Noncompetition Agreement Act (if applicable).
Note: *Most IT Assistant positions are not eligible for enforceable non-competes.*
11. Termination
Employment is at-will.
Voluntary resignation requires [Number] days' written notice.
Employer may terminate employment at any time, with or without cause.
Immediate dismissal for cause (e.g., gross misconduct, security breach) is permitted.
Last pay date will be in accordance with Massachusetts final wage laws.
Unused vacation payout will be calculated as required by Massachusetts law.
The Employee will return all employer-provided equipment and data upon termination.
Post-termination access will be cut off immediately.
12. Dispute Resolution
Any disputes will be addressed first through internal processes.
If unresolved, disputes will be submitted to mediation or binding arbitration in [City], Massachusetts.
Massachusetts law and courts have jurisdiction over any legal claims.
13. Workers' Compensation and Unemployment
Massachusetts Workers' Compensation coverage is provided.
Anti-retaliation protection is provided for workplace injury reporting.
The Employee is eligible for unemployment benefits per Mass. DUA requirements upon termination (eligibility determined by the DUA).
14. Equal Employment Opportunity
The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religious creed, national origin, sex, gender identity, sexual orientation, genetic information, age, disability, parental status, veteran status, ancestry, or any other protected category under Massachusetts or federal law.
The Employer prohibits retaliation against any employee for reporting discrimination or harassment.
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]