Minnesota 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 Minnesota employment contract Differ from Other States
-
Minnesota law generally presumes employment to be at-will unless an explicit contract states otherwise, whereas some states have broader exceptions.
-
Non-compete agreements are enforceable in Minnesota if reasonable in scope, time, and geography, but state courts scrutinize these more strictly than many states.
-
Minnesota requires payment for unused vacation if an employment contract or policy promises it, unlike some states where payout isn't mandatory.
Frequently Asked Questions (FAQ)
-
Q: Is an employment contract required in Minnesota?
A: No, written employment contracts are not required, but they are recommended for clarity on terms, especially for non-at-will positions.
-
Q: Can a Minnesota employment contract include a non-compete clause?
A: Yes, but the non-compete clause must be reasonable and supported by consideration; courts review these closely for fairness.
-
Q: What happens if an employment contract conflicts with Minnesota law?
A: Any part of an employment contract that violates Minnesota law is generally unenforceable, and state law will take precedence.
HTML Code Preview
Minnesota Employment Contract
This Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Business Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").
1. Employment
Job Title and Responsibilities
Option A: The Employee is hired as [Job Title].
Option B: The Employee's primary duties and responsibilities are described in Exhibit A, attached hereto and incorporated herein.
Work Location
Option A: The Employee's primary workplace location is [Workplace Location].
Option B: The Employee may be required to work at other locations as reasonably required by the Employer.
Employment Status
Option A: Full-Time
Option B: Part-Time
Option C: Temporary
Option D: Seasonal
Exemption Status
Option A: Exempt from overtime pay under the Fair Labor Standards Act (FLSA).
Option B: Non-Exempt from overtime pay under the Fair Labor Standards Act (FLSA).
2. Term of Employment
Nature of Employment
Option A: Fixed Term. The term of employment will begin on [Start Date] and end on [End Date].
Option B: At-Will. This is an at-will employment relationship. Either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law. This Agreement is not a contract for a specific duration of employment.
Minnesota At-Will Presumption: Employment in Minnesota is presumed to be at-will unless an express contract or collective bargaining agreement provides otherwise.
3. Compensation
Base Compensation
Option A: Salary. The Employee's annual base salary will be [Salary Amount], payable in accordance with the Employer's regular payroll schedule.
Option B: Hourly Wage. The Employee's hourly wage will be [Hourly Wage Amount], payable in accordance with the Employer's regular payroll schedule.
Option C: Commission. The Employee will be compensated by commission as described in Exhibit B, attached hereto and incorporated herein.
Payment Frequency and Method: Compensation will be paid [Payment Frequency, e.g., bi-weekly] via [Payment Method, e.g., direct deposit].
Overtime
Option A: Eligible for overtime pay at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over forty (40) in a workweek.
Option B: Not eligible for overtime pay.
Bonuses and Incentive Pay
Option A: The Employee may be eligible for bonuses or incentive pay as determined by the Employer in its sole discretion. Details are outlined in Exhibit C, attached hereto and incorporated herein.
Option B: The Employee is not eligible for bonuses or incentive pay.
Salary Adjustments
Option A: The Employee's salary will be reviewed periodically and may be adjusted at the Employer's discretion.
Option B: There will be no automatic salary adjustments.
4. Employee Benefits
Health Insurance
Option A: The Employee will be eligible to participate in the Employer's health insurance plan, subject to the terms and conditions of the plan.
Option B: The Employee is not eligible for health insurance benefits.
Dental and Vision Insurance
Option A: The Employee will be eligible to participate in the Employer's dental and vision insurance plans, subject to the terms and conditions of the plans.
Option B: The Employee is not eligible for dental and vision insurance benefits.
Life Insurance
Option A: The Employee will be eligible for life insurance coverage as provided by the Employer, subject to the terms and conditions of the policy.
Option B: The Employee is not eligible for life insurance benefits.
Disability Benefits
Option A: The Employee will be eligible for short-term and/or long-term disability benefits as provided by the Employer, subject to the terms and conditions of the policy.
Option B: The Employee is not eligible for disability benefits.
Retirement Plan
Option A: The Employee will be eligible to participate in the Employer's 401(k) plan, subject to the terms and conditions of the plan.
Option B: The Employee is not eligible for retirement plan benefits.
Paid Time Off (PTO)
Option A: The Employee will accrue [Number] days of paid time off (PTO) per year, in accordance with the Employer's PTO policy.
Option B: Vacation and Sick Leave are accrued separately as follows: [Vacation Policy Description] and [Sick Leave Policy Description].
Minnesota Paid Sick Leave: The Employer shall comply with all applicable state and local paid sick leave requirements.
Parental/Family Leave: The Employer will comply with all applicable federal and Minnesota laws regarding parental and family leave.
Other Benefits
Option A: The Employee will be eligible for the following additional benefits: [List of Additional Benefits].
Option B: The Employee is not eligible for any other benefits.
5. Work Schedule and Policies
Work Schedule: The Employee's regular work schedule will be [Work Schedule Description].
Office Hours: The Employer's office hours are [Office Hours Description].
Employee Conduct: The Employee is expected to adhere to the highest standards of professional conduct.
Dress Code: The Employee is expected to adhere to the Employer's dress code, as described in [Location of Dress Code Policy].
Remote Work:
Option A: The Employee may be permitted to work remotely according to the Employer's Remote Work Policy.
Option B: Remote work is not permitted.
6. Confidentiality and Non-Disclosure
Confidential Information: The Employee acknowledges that during their employment, they will have access to confidential information of the Employer.
Non-Disclosure Obligation: The Employee agrees to hold all confidential information in strict confidence and not to disclose it to any third party without the Employer's prior written consent, both during and after employment.
Defend Trade Secrets Act (DTSA): Nothing in this Agreement prevents the Employee from reporting possible violations of law to any governmental agency or entity, or making other disclosures that are protected under the whistleblower provisions of state or federal statutes or regulations. The Employee does not need prior authorization from the Employer to make any such reports or disclosures and is not required to notify the Employer that they have made such reports or disclosures.
Non-Disparagement:
Option A: The Employee agrees not to disparage the Employer or its affiliates, officers, directors, employees, or products, either during or after employment.
Option B: This agreement does not contain a Non-Disparagement clause.
7. Intellectual Property
Work for Hire:
Option A: All work product created by the Employee during the course of their employment shall be considered "work for hire" and shall be owned exclusively by the Employer.
Option B: This agreement does not contain a Work for Hire clause.
Invention Assignment:
Option A: The Employee agrees to assign to the Employer all right, title, and interest in any inventions, discoveries, or improvements made by the Employee during the course of their employment.
Option B: This agreement does not contain an Invention Assignment clause.
8. Restrictive Covenants
Non-Compete:
Option A: The Employee agrees not to engage in any business activity that is competitive with the Employer's business within [Geographic Area] for a period of [Duration] following the termination of their employment.
Note: As of 2024, Minnesota law severely restricts the enforceability of non-compete agreements. This clause should be included only with careful consideration of legal compliance.
Option B: This agreement does not contain a Non-Compete clause.
Non-Solicitation (Customers):
Option A: The Employee agrees not to solicit the Employer's customers for a period of [Duration] following the termination of their employment.
Option B: This agreement does not contain a Non-Solicitation of Customers clause.
Non-Solicitation (Employees):
Option A: The Employee agrees not to solicit the Employer's employees to leave their employment for a period of [Duration] following the termination of their employment.
Option B: This agreement does not contain a Non-Solicitation of Employees clause.
9. Termination
Resignation: The Employee may resign from their employment by providing [Number] days' written notice to the Employer.
Termination by Employer: The Employer may terminate the Employee's employment at any time, with or without cause, subject to applicable law.
Termination "For Cause": Termination "for cause" may include, but is not limited to, [Examples of For Cause Termination].
Final Pay: The Employee's final pay will be provided in accordance with Minnesota law.
Severance:
Option A: In the event of termination without cause, the Employee will be eligible for severance pay as described in Exhibit D, attached hereto and incorporated herein.
Option B: The Employee is not eligible for severance pay.
Reporting Obligations: The Employee acknowledges their responsibility to report any suspected violations of law or company policy.
10. Return of Company Property
Upon termination of employment, the Employee shall immediately return to the Employer all company property, including but not limited to laptops, cell phones, documents, data, access credentials, and records.
11. Compliance with Laws
The Employee agrees to comply with all applicable federal and Minnesota employment laws, including but not limited to the Minnesota Human Rights Act (MHRA).
Equal Employment Opportunity: The Employer is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, national origin, age, disability, marital status, sexual orientation, public assistance status, or any other characteristic protected by law.
Policy Compliance: The Employee agrees to comply with all of the Employer's policies and procedures, as may be amended from time to time.
Employee Handbook: The Employee acknowledges receipt of the Employer's employee handbook.
Workplace Conduct: The Employee is expected to maintain a respectful and professional work environment.
12. Health and Safety
Occupational Health and Safety: The Employee will comply with all applicable occupational health and safety standards.
Workers' Compensation: The Employee will be covered by the Employer's workers' compensation insurance policy, which complies with Minnesota law.
Injury Reporting:
Option A: The Employee agrees to report any work-related injury or illness to the Employer immediately.
Option B: The Employee agrees to report any work-related injury or illness to the Employer within [Number] hours.
13. Dispute Resolution
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. Any dispute arising out of or relating to this Agreement shall be submitted to non-binding mediation prior to any litigation.
Option C: Litigation. Any dispute arising out of or relating to this Agreement shall be resolved in the state or federal courts located in [County], Minnesota.
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota.
14. Required Notices and Disclosures
Minnesota Wage Theft Prevention Act: The Employer will provide the Employee with written notice of their wage rate, paid time off accruals, and other required information in compliance with the Minnesota Wage Theft Prevention Act.
Employment Eligibility Verification: The Employee agrees to comply with all requirements for employment eligibility verification.
Record Keeping: The Employee acknowledges that the Employer is required to maintain records of their employment.
15. Integration, Severability, Amendment, and Waiver
Entire Agreement: 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.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Amendment: This Agreement may be amended only by a written instrument signed by both parties.
Waiver: 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.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Legal Name]
By: [Employer Representative Name]
Title: [Employer Representative Title]
[Employee Legal Name]
Signature: ____________________________
