Mississippi employment contract template

Mississippi Employment Contract

This Employment Contract (the "Agreement") is made and entered into as of [Date], by and between:

• [Employer Legal Name], a [Business Type, e.g., Corporation], with its principal place of business at [Employer Registered Address] ("Employer"), and
• [Employee Full Legal Name], residing at [Employee Current Address] ("Employee").

1. Employment

• Job Title and Description: Employee shall be employed as [Job Title], and shall perform the duties described in [Detailed Job Description].
• Department and Reporting: Employee shall be a member of the [Department Name] Department and shall report to [Supervisor's Title].
• Primary Work Location:
  • Option A: Employee's primary work location shall be [Physical Address].
  • Option B: Employee's primary work location shall be remote.
• Employment Status:
  • Option A: Full-time.
  • Option B: Part-time.
  • Option C: Temporary.
  • Option D: Seasonal.
  • Option E: Intern.
• FLSA Status:
  • Option A: Exempt from the Fair Labor Standards Act.
  • Option B: Non-exempt from the Fair Labor Standards Act.
• Work Schedule: Employee's work schedule will generally be [Work Schedule or Expected Hours, e.g., Monday-Friday, 9:00 AM to 5:00 PM].

2. Term of Employment

• Option A: Fixed-Term Employment
  • The term of employment shall commence on [Start Date] and shall end on [End Date].
  • Renewal: This Agreement may be renewed upon mutual written agreement of both parties, according to the following criteria: [Renewal Terms and Criteria].
• Option B: At-Will Employment
  • Employee's employment with Employer is "at-will," meaning that either Employer or Employee may terminate the employment relationship at any time, for any lawful reason, with or without cause or notice, subject to applicable federal and state anti-discrimination and retaliation laws.

3. Compensation and Benefits

• Compensation:
  • Option A: Employee shall be paid at an hourly rate of [Hourly Rate] dollars per hour.
  • Option B: Employee shall be paid an annual salary of [Annual Salary] dollars, payable [Payroll Frequency, e.g., bi-weekly].
  • Option C: Employee may be eligible for commissions or bonuses as determined by Employer, according to [Commission/Bonus Eligibility Details].
• Overtime: Employee's eligibility for overtime pay will be determined in accordance with the Fair Labor Standards Act (FLSA).
• Payroll Method: Employee shall be paid via [Payroll Method, e.g., direct deposit].
• Raise/Bonus Review: [Raise/Bonus Review Process Details, e.g., Annual performance review]
• Expense Reimbursement: Employee shall be reimbursed for reasonable and necessary business expenses incurred in the performance of their duties, subject to Employer's expense reimbursement policy.
• Employee Benefits: Employee shall be eligible to participate in the following benefit plans, subject to the terms and conditions of those plans:
  • [Benefit 1, e.g., Health Insurance]: Eligibility Requirements: [Eligibility Requirements], Vesting Period: [Vesting Period].
  • [Benefit 2, e.g., Dental Insurance]: Eligibility Requirements: [Eligibility Requirements], Vesting Period: [Vesting Period].
  • [Benefit 3, e.g., Vision Insurance]: Eligibility Requirements: [Eligibility Requirements], Vesting Period: [Vesting Period].
  • [Benefit 4, e.g., Life Insurance]: Eligibility Requirements: [Eligibility Requirements], Vesting Period: [Vesting Period].
  • [Benefit 5, e.g., 401(k) Plan]: Eligibility Requirements: [Eligibility Requirements], Vesting Period: [Vesting Period].
  • [Benefit 6, e.g., Sick Leave]: Accrual Rate: [Accrual Rate].
  • [Benefit 7, e.g., Paid Time Off]: Accrual Rate: [Accrual Rate].
  • [Benefit 8, e.g., Vacation]: Accrual Rate: [Accrual Rate].
  • [Benefit 9, e.g., Unpaid Leave]: Per Company policy

4. Working Hours and Overtime

• Regular Working Hours: Employee's regular working hours are described in Section 1.
• Break Policy: Employee is entitled to breaks in accordance with Company policy and applicable law.
• Overtime: Overtime work must be pre-approved by [Supervisor's Title]. Overtime will be paid at a rate of one and one-half (1.5) times the employee's regular rate of pay for all hours worked over forty (40) in a workweek, in accordance with the FLSA.
• On-Call/Travel/Weekend Work: [Details regarding on-call, travel, or weekend work expectations]
  • Option A: Employee is not expected to work on-call, travel or weekend work.
  • Option B: Employee may be required to work on-call, travel or weekend work.

5. Workplace Conduct

• Employee shall adhere to all Employer policies and procedures, including but not limited to:
  • Dress Code: [Dress Code Details].
  • Disciplinary Procedures: [Disciplinary Procedures Overview].
  • Anti-Harassment and Discrimination Policy: Employer maintains a strict policy prohibiting harassment and discrimination based on race, color, religion, sex, national origin, age, disability, or any other protected characteristic.
  • Drug and Alcohol Policy: [Drug and Alcohol Policy Details].
  • Use of Company Property: [Company Property Usage Policy Details].
  • Social Media Usage: [Social Media Policy Details].
• [Optional: Disciplinary Escalation Process]
• [Optional: Performance Management Details]

6. Confidentiality and Intellectual Property

• Confidentiality: Employee agrees to hold all confidential information of Employer in strict confidence and not to disclose such information to any third party without Employer's prior written consent.
• Trade Secrets: Employee acknowledges that Employer possesses valuable trade secrets. Employee agrees not to misappropriate or disclose any trade secrets of Employer, as defined under the Mississippi Uniform Trade Secrets Act.
• Non-Disclosure Agreement (NDA): Employee agrees to execute a separate Non-Disclosure Agreement if required by Employer.
• Intellectual Property:
  • Option A: Any and all inventions, discoveries, improvements, and other intellectual property created by Employee during the term of employment, and related to Employer's business, shall be the sole and exclusive property of Employer.
  • Option B: [Alternate IP Clause, if applicable]

7. Restrictive Covenants

• Option A: Non-Compete
  • During employment and for a period of [Duration, e.g., one year] following termination of employment, Employee shall not, directly or indirectly, engage in any business that competes with Employer's business within a geographic area of [Geographic Range, e.g., the state of Mississippi]. The scope of this non-compete agreement includes [Scope, e.g., product x and service y].
• Option B: Non-Solicitation
  • During employment and for a period of [Duration, e.g., one year] following termination of employment, Employee shall not solicit, induce, or encourage any employee, customer, or client of Employer to terminate their relationship with Employer.
• Option C: Non-Disparagement
  • Employee agrees not to make any disparaging or defamatory statements about Employer, its officers, directors, employees, or products and services, at any time during or after the term of employment.
• Option D: No Restrictive Covenants
  • This Agreement does not contain any restrictive covenants such as non-compete, non-solicitation, or non-disparagement clauses.

8. Termination

• Option A: Notice Period
  • Resignation: Employee shall provide Employer with [Number] weeks' written notice of resignation.
  • Termination by Employer: Employer shall provide Employee with [Number] weeks' written notice of termination, except in cases of termination for cause.
• Option B: No Notice Period
  • No notice period is required for resignation or termination by either party.
• Termination for Cause: Employer may terminate Employee's employment immediately for cause. Cause shall include, but not be limited to, [Definition of Cause, e.g., gross misconduct, insubordination, theft].
• Last Day of Employment: The effective date of termination shall be Employee's last day of employment.
• Severance Pay:
  • Option A: Upon termination without cause, Employee shall be entitled to severance pay in the amount of [Severance Amount].
  • Option B: Employee shall not be entitled to severance pay.
• Continuation of Benefits: Employee's eligibility for continued benefits, such as health insurance, following termination will be governed by applicable law and the terms of Employer's benefit plans.
• Final Pay: Employee's final wages shall be paid in accordance with Mississippi law.
• Return of Company Property: Upon termination of employment, Employee shall immediately return all Company property, including but not limited to computers, mobile phones, documents, and access cards.

9. Dispute Resolution

• Option A: Mediation
  • Any dispute arising out of or relating to this Agreement shall be submitted to mediation in [City, State] before resorting to litigation.
• Option B: Binding 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. The arbitration shall take place in [City, State]. The arbitrator’s decision shall be final and binding.
• 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, State].
• Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi.

10. Workplace Safety

• Employer shall comply with all applicable workplace safety laws and regulations, including those promulgated by OSHA and the State of Mississippi.
• Workers' Compensation Insurance:
  • Option A: Employer maintains workers' compensation insurance coverage for its employees in accordance with Mississippi law.
  • Option B: [Detailed description of Workers’ Compensation insurance].

11. Equal Employment Opportunity

• Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, or any other protected characteristic in accordance with Title VII of the Civil Rights Act of 1964.
• [Optional: Reference to Mississippi Employment Protection Act, if applicable and if E-Verify is used]
• [Optional: Detailed anti-harassment clauses]

12. Immigration Compliance

• Employer complies with all applicable immigration laws, including completing Form I-9 for all new hires and using E-Verify as required by law.

13. Amendment and Waiver

• This Agreement may be amended or modified only by a written instrument signed by both Employer and Employee. 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.

14. Integration/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.

15. Successors and Assigns

• This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

16. Severability

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

17. Execution

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

____________________________
[Employer Printed Name]

____________________________
Signature of Employer

____________________________
[Employee Printed Name]

____________________________
Signature of Employee