Mississippi graphic designer employment contract template
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How Mississippi graphic designer employment contract Differ from Other States
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Mississippi does not require specific written wage agreements, but clear compensation terms are strongly recommended for clarity.
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Mississippi follows strict 'employment-at-will' doctrine, making it easier to terminate employment without cause compared to some states.
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Non-compete clauses are enforceable in Mississippi if reasonable, but courts closely scrutinize their geographic and duration limitations.
Frequently Asked Questions (FAQ)
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Q: Is a written contract required for graphic designers in Mississippi?
A: No, written contracts are not legally required but are highly recommended to avoid disputes and define employment terms.
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Q: Can a Mississippi employer terminate a graphic designer without cause?
A: Yes, Mississippi is an at-will employment state, allowing termination without cause unless a contract states otherwise.
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Q: Are non-compete agreements enforceable for graphic designers in Mississippi?
A: Yes, non-compete agreements are valid if they are reasonable in scope, duration, and geographic area under Mississippi law.
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Mississippi Graphic Designer Employment Contract
This Mississippi Graphic Designer Employment Contract ("Agreement") is made and entered into as of [Date] by and between [Employer Legal Name], a [State] [Entity Type, e.g., corporation], with its principal place of business at [Employer Address] ("Employer"), and [Graphic Designer Full Legal Name], residing at [Graphic Designer Address] ("Employee").
Position and Duties
The Employer hereby employs the Employee as a Graphic Designer.
The Employee accepts such employment and agrees to perform the following duties:
- Option A: Conceptualize and create digital and print graphics, branding elements, and marketing collateral.
- Option B: Develop website and social media visuals, infographics, product packaging, and presentation materials.
- Option C: Other duties as assigned by the Employer.
The Employee will utilize the following software, hardware, and tools:
- Option A: Adobe Creative Suite (Photoshop, Illustrator, InDesign).
- Option B: [Specific Illustration or Animation Program, e.g., Procreate, After Effects].
- Option C: Drawing tablet and color calibration tools.
Design Review and Collaboration
All design work will be subject to review and approval by [Designated Supervisor Name].
The Employee shall participate in design reviews and incorporate feedback from stakeholders.
- Option A: The number of revision rounds will be limited to [Number].
- Option B: Additional rounds will be approved by [Designated Supervisor Name] on a case-by-case basis.
The Employee will collaborate with the [Department, e.g., marketing, web development] team.
Work Location and Remote Work
The primary work location is [Employer Address, or "Remote", or "Hybrid (specify % on-site)"], located in Mississippi.
If remote work is permitted:
- Option A: The Employee will use company-provided equipment.
- Option B: The Employee will use their own equipment, subject to Employer approval.
- Option C: The Employee is responsible for maintaining a safe and secure workspace compliant with Mississippi law.
Working Hours and Full-Time Status
The Employee is a full-time employee and will work approximately [Number] hours per week.
Regular working hours are [Start Time] to [End Time], [Days of the Week].
Overtime:
- Option A: The Employee is eligible for overtime pay at a rate of 1.5 times their regular hourly rate for hours worked over 40 in a workweek, in accordance with the Fair Labor Standards Act (FLSA).
- Option B: The Employee is not eligible for overtime pay because they are considered an exempt employee under the FLSA.
The Employee is entitled to a [Number]-minute meal break and [Number]-minute rest breaks during each [Number]-hour work period.
Compensation
The Employee's annual salary is [Dollar Amount], payable [Pay Frequency, e.g., bi-weekly].
Bonus/Commission:
- Option A: The Employee is eligible for a performance-based bonus as outlined in the Employer's bonus plan.
- Option B: The Employee is eligible for commissions as outlined in the Employer's commission plan.
- Option C: The employee is not eligible for a bonus or commission.
Benefits
The Employee is eligible for the following benefits, subject to the terms and conditions of the Employer's benefit plans:
- Health insurance
- Dental insurance
- Vision insurance
- Retirement plan ([e.g., 401(k)])
- Paid vacation leave: [Number] days per year
- Paid sick leave: [Number] days per year
- Paid personal leave: [Number] days per year, complying with Mississippi's Personal Leave Act, if applicable.
- Parental Leave compliant with the Family and Medical Leave Act (FMLA) if applicable.
- Professional development allowance: [Dollar Amount] per year
- Stipend for design tool subscriptions or home office setup where relevant.
Intellectual Property
All graphic works, illustrations, layouts, templates, brand guides, icons, or proprietary design elements created by the Employee during their employment shall be the sole and exclusive property of the Employer.
The Employee hereby assigns all right, title, and interest in and to such intellectual property to the Employer.
Use of pre-existing designer-owned materials or open source/stock assets requires prior written approval from the Employer.
Confidentiality
The Employee shall maintain the confidentiality of all client information, design files, company style guides, branding strategies, and trade secrets.
This confidentiality obligation shall survive the termination of employment.
Compliance with Branding Rules and Copyright Law
The Employee shall comply with the Employer's branding rules and client confidentiality agreements.
The Employee shall avoid copyright and trademark infringement when sourcing design elements, in accordance with the Digital Millennium Copyright Act (DMCA) and Mississippi law.
Unauthorized use, copying, or distribution of copyrighted images or typefaces is prohibited.
Portfolio Use
The Employee may include work produced during their employment in their personal portfolio or website only with the Employer's prior written consent.
Client confidentiality must be maintained.
Outside Activities
The Employee may engage in freelance or outside design work only with the Employer's prior written approval.
Such work must not conflict with the Employee's duties to the Employer.
Workplace Behavior
The Employee shall maintain a professional and respectful attitude in the workplace.
The Employee shall comply with all applicable anti-harassment and anti-discrimination laws, including Title VII, ADA, and ADEA.
Non-Compete/Non-Solicitation/Non-Disclosure
- Option A: The Employee agrees to a non-compete agreement as detailed in Exhibit A. (Note: Enforceability in Mississippi requires reasonable limitations and consideration beyond continued employment.)
- Option B: The Employee agrees to a non-solicitation agreement as detailed in Exhibit B. (Note: Enforceability in Mississippi requires reasonable limitations and consideration beyond continued employment.)
- Option C: The Employee agrees to a non-disclosure agreement as detailed in Exhibit C.
At-Will Employment
The Employee's employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice.
Termination
Upon termination of employment, the Employee shall return all company property, including design files, hardware, and software licenses.
Final wages will be paid no later than the next regular payday, as required by Mississippi law.
Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through negotiation and, if necessary, mediation or arbitration in Mississippi.
This Agreement shall be governed by and construed in accordance with the laws of the State of Mississippi.
Workers' Compensation and Safety
The Employee is covered by the Employer's workers' compensation insurance in accordance with Mississippi law.
The Employee shall adhere to all workplace safety standards.
Equal Employment Opportunity
The 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 under Mississippi or federal law.
Required Notices
The Employee acknowledges receipt of all required workplace posters and policy notices under Mississippi Department of Employment Security regulations.
Amendments
The Employer reserves the right to amend its employee handbook and work policies.
Integration and Severability
This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
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]
[Graphic Designer Full Legal Name]
Signature: ____________________________