Michigan graphic designer employment contract template

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How Michigan graphic designer employment contract Differ from Other States

  1. Michigan imposes unique restrictions on non-compete clauses, requiring reasonableness in scope and duration compared to many other states.

  2. Employment in Michigan is presumed 'at-will,' but contracts must specify any exceptions to this default, which may differ in other states.

  3. Michigan law requires compliance with both federal and state anti-discrimination provisions, impacting contract language regarding workplace policies.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for graphic designers in Michigan?

    A: No, a written contract is not legally required, but having one protects both parties and clarifies job expectations.

  • Q: Are non-compete clauses enforceable in Michigan graphic designer contracts?

    A: Yes, but only if they are reasonable in scope, duration, and geographic area, and protect a legitimate business interest.

  • Q: Does Michigan law require paid breaks for graphic designers?

    A: No, Michigan does not require employers to provide paid breaks, but such provisions can be added to employment contracts.

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Michigan Graphic Designer Employment Agreement

This Michigan Graphic Designer Employment Agreement (the “Agreement”) is made and effective as of [Date],

BETWEEN:

[Employer Legal Name], a [State] [Entity Type] with its principal place of business at [Employer Address] (“Employer”),

AND:

[Employee Legal Name], residing at [Employee Address] (“Employee”).

1. Employment

Option A: The Employer hereby employs the Employee as a Graphic Designer, and the Employee hereby accepts such employment, upon the terms and conditions hereinafter set forth.

Option B: The Employee will be employed in the role of Graphic Designer. The Employer reserves the right to modify the Employee’s job title and responsibilities, as needed.

2. Job Responsibilities

Option A: The Employee's primary responsibility is to provide graphic design services as directed by the Employer, including but not limited to: creation of brand collateral, visual assets, digital and print design, layouts, UI/UX elements, creative concepts, mockups, revisions, asset preparation for print/web, collaboration with creative teams, clients, and cross-departmental groups, participation in design meetings, feedback incorporation, and adherence to established brand guidelines and Michigan-specific industry standards.

Option B: The Employee's responsibilities include:

  • Designing graphics for [Specific mediums, e.g., websites, social media, print].
  • Creating and maintaining brand guidelines.
  • Collaborating with the marketing team to develop marketing campaigns.
  • Managing digital assets and ensuring proper organization.
  • Meeting deadlines as set by the [Supervisor's Title].

3. Required Skills and Equipment

Option A: Employee must have a working knowledge of Adobe Creative Suite, Figma, and Sketch. Employee must be able to work on a high-spec workstation with color-accurate monitors. Employee must follow digital asset management procedures and maintain a portfolio of work.

Option B: Employee must be proficient in the following software:

  • Adobe Photoshop
  • Adobe Illustrator
  • Adobe InDesign
  • [Other Software]

4. Reporting and Communication

Option A: The Employee will report to [Supervisor's Name and Title]. The Employee will communicate with other departments as needed and will participate in regular team meetings. Employee may be required to interact with clients. All work processes must be documented.

Option B: The Employee's reporting structure is as follows:

  • Direct Supervisor: [Supervisor's Name]
  • Communication Channels: [Slack, Email, In-Person Meetings]

5. Work Location

Option A: The primary work location will be [City, Michigan]. This is a [Remote/Hybrid/In-Office] position. Employee must secure company-provided IT equipment and maintain adequate internet connectivity. Employee must adhere to data privacy and cybersecurity standards aligned with Michigan regulations.

Option B: The Employee will primarily work:

  • At the Employer's office located at [Employer Address].
  • Remotely, with occasional meetings at the Employer's office.

6. Employment Status and Hours

Option A: The Employee is a full-time employee. The regular work schedule is [Number] hours per week, [Start Time] to [End Time], Monday through Friday. Flexible hours may be permitted with approval from [Supervisor's Title]. Overtime is eligible and will be compensated in compliance with Michigan Wage and Hour laws. Meal and rest breaks will be provided pursuant to Michigan labor statutes.

Option B: The Employee's work schedule is:

  • Weekly Hours: [Number]
  • Schedule: [Days of the Week and Times]

7. Compensation

Option A: The Employee's base salary is [Dollar Amount] per [Year/Hour], payable [Frequency]. Overtime will be paid at a rate of 1.5x the regular hourly rate where required by Michigan law.

Option B: Compensation will be as follows:

  • Base Salary: [Dollar Amount]
  • Pay Frequency: [Weekly, Bi-Weekly, Monthly]
  • Overtime Rate: 1.5x the regular hourly rate (where applicable)

8. Benefits

Option A: The Employee is eligible for the following benefits: Michigan-compliant health, dental, and vision insurance, life and disability coverage, access to mental health or ergonomic support, paid time off, sick leave policy, personal days, designated Michigan public holidays, continuing design education or professional organization membership reimbursement, reimbursement for design conference attendance or certification exams, and technology/equipment stipend policies.

Option B: The Employee will be eligible for the following benefits:

  • Health Insurance
  • Dental Insurance
  • Vision Insurance
  • Paid Time Off (PTO)
  • [Other Benefits]

9. Intellectual Property

Option A: All works, graphics, designs, creative outputs, and concepts generated during employment vest ownership with the Employer in accordance with Michigan IP law. This is a work-for-hire agreement. Procedures for clearance of third-party assets or licensed fonts must be followed.

Option B: All intellectual property created by the Employee during the course of employment is the sole property of the Employer.

  • This includes but is not limited to: designs, logos, and marketing materials.
  • Employee agrees to assign all rights to the Employer.

10. Confidentiality

Option A: The Employee agrees to maintain the confidentiality of all company trade secrets, client lists, proprietary creative processes, design briefs, and any pre-release product or campaign materials. This obligation survives termination.

Option B: The Employee agrees not to disclose any confidential information of the Employer to any third party.

  • This includes but is not limited to: trade secrets, client lists, and financial information.
  • This obligation continues after termination of employment.

11. Non-Competition/Non-Solicitation

Option A: Due to Michigan law, non-compete provisions are limited. A reasonable non-solicitation agreement applies, preventing solicitation of clients and design team members for [Number] months after termination. Non-disparagement terms also apply.

Option B: The Employee agrees not to solicit any clients or employees of the Employer for a period of [Number] months following termination of employment.

12. Outside Activities

Option A: Employee must disclose any outside employment or freelance work to avoid conflicts of interest with the Employer’s business or clients.

Option B: The Employee must obtain written approval from the Employer prior to engaging in any outside employment that could be considered a conflict of interest.

13. Professionalism and Conduct

Option A: The Employee must maintain a high standard of professionalism and conduct. The Employer maintains anti-harassment and anti-discrimination policies covering all protected classes under both federal and Michigan law.

Option B: The Employee agrees to abide by all of the Employer's policies and procedures, including those related to:

  • Anti-harassment
  • Anti-discrimination
  • Code of conduct

14. Project Workflow

Option A: Project approval, feedback, and revision workflows must be followed. Deliverables must be met within the specified deadlines. Response times must be prompt. Creative disagreements must be escalated appropriately.

Option B: The Employee will adhere to the following project workflow:

  • Project Brief
  • Design Concept
  • Client Feedback
  • Final Approval

15. At-Will Employment

Option A: This is an employment-at-will agreement under Michigan law. Either party may terminate the employment relationship at any time, with or without cause.

Option B: The employment relationship is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice.

16. Termination

Option A: Voluntary resignation requires [Number] weeks' written notice. Employer-initiated termination may occur at any time. Severance practices will be in accordance with company policy and Michigan law. Final wage payments will be made in accordance with Michigan labor law. Company-owned equipment must be returned upon termination.

Option B: Upon termination of employment, the Employee must:

  • Return all company property.
  • Complete all outstanding tasks.
  • Cooperate with the Employer in the transition of their responsibilities.

17. Workers' Compensation

Option A: The Employee is covered by workers’ compensation insurance as mandated by Michigan law. Occupational health and safety requirements must be followed.

Option B: The Employee is covered by the Employer's workers' compensation insurance policy.

18. Data Security and Privacy

Option A: The Employee must adhere to data security and privacy standards, especially regarding handling of client data, user-generated content, or personal information in compliance with Michigan and federal privacy laws.

Option B: The Employee must protect the confidentiality and security of all company and client data.

19. Use of Company Assets

Option A: Acceptable use and retention of company assets, archives, and digital storage must be followed, with clear Michigan-compliant procedures for retention and destruction of design files.

Option B: The Employee's use of company assets is subject to the Employer's policies and procedures.

20. Training and Development

Option A: The Employer will provide creative training, onboarding, and periodic skills upgrades.

Option B: The Employer may provide opportunities for the Employee to attend training courses or conferences to enhance their skills.

21. Professional Liability

Option A: The Employee will be indemnified for professional liability, errors and omissions, and copyright infringement claims arising from their work within the scope of employment, subject to Michigan law.

Option B: The Employee is expected to exercise reasonable care and diligence in performing their duties and is responsible for any errors or omissions that result from their negligence.

22. Dispute Resolution

Option A: Any disputes will be resolved through negotiation, mediation, and arbitration prior to litigation, with venue in Michigan state courts. Michigan law governs.

Option B: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

23. Notices

Option A: All notices must be in writing and sent to the addresses listed above.

Option B: All notices must be sent by certified mail, return receipt requested.

24. Entire Agreement

Option A: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

Option B: This Agreement contains the entire understanding between the parties and supersedes any prior agreements or discussions.

25. Amendments

Option A: This Agreement may be amended only by a written instrument signed by both parties.

Option B: This Agreement may be modified only by a written agreement signed by both parties.

26. Severability

Option A: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Option B: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in effect.

27. Governing Law

Option A: This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan.

Option B: This Agreement will be governed by the laws of the State of Michigan.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

_______________________________

[Employer Representative Name]

[Employer Title]

_______________________________

[Employee Legal Name]

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