Missouri employment contract template

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How Missouri employment contract Differ from Other States

  1. Missouri is an at-will employment state, meaning either employer or employee can terminate the relationship at any time unless otherwise agreed.

  2. Missouri law does not require employment contracts to specify reasons for termination, unlike some states that mandate cause-based termination.

  3. Minimum wage and overtime provisions in Missouri may differ from federal or other state laws, so local compliance is essential.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required in Missouri?

    A: No, Missouri does not require employment contracts to be in writing, but a written agreement is highly recommended.

  • Q: Can an employer include a non-compete clause in a Missouri employment contract?

    A: Yes, but non-compete clauses must be reasonable in scope, geography, and time, and protect legitimate business interests.

  • Q: Are there any mandatory benefits employers must provide in Missouri?

    A: Employers must comply with federal benefits laws, but Missouri does not mandate additional employee benefits beyond minimum wage.

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Missouri Employment Contract

This Employment Contract (the “Agreement”) is made and entered into as of this [Date] by and between [Employer Legal Name], a [State of Formation] [Entity Type] with its principal place of business at [Employer Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).

1. Basic Information

  • Employer Contact Information:
    • Address: [Employer Address]
    • Phone: [Employer Phone Number]
    • Email: [Employer Email]
  • Employee Contact Information:
    • Address: [Employee Address]
    • Phone: [Employee Phone Number]
    • Email: [Employee Email]

2. Job Description

  • Job Title: [Job Title]
  • Responsibilities:
    • [Responsibility 1]
    • [Responsibility 2]
    • [Responsibility 3]
    • (Continue adding responsibilities as needed)
  • Work Location: [Work Location]
  • Work Hours: [Scheduled Work Hours]

3. Type of Employment

  • Option A: Full-Time Employment
  • Option B: Part-Time Employment
  • Option C: Temporary Employment
  • Option D: Seasonal Employment
  • Option E: Contract Employment
    • Independent Contractor: [Yes/No]
  • FLSA Status:
    • Option A: Exempt
    • Option B: Non-Exempt

4. Employment Term

  • Option A: At-Will Employment
    • Employee understands and agrees that this is an at-will employment relationship. Either the Employer or Employee may terminate the employment relationship at any time, with or without cause, and with or without notice, subject to applicable federal and Missouri law. This at-will arrangement does not alter the employee's rights under applicable state or federal laws.
  • Option B: Fixed Term Employment
    • Start Date: [Start Date]
    • End Date: [End Date]
    • Renewal Options: [Renewal Options, e.g., Automatically renews unless notice is given X days prior]
    • Performance Evaluation Criteria: [Performance Evaluation Criteria]

5. Compensation

  • Option A: Base Salary
    • Annual Salary: [Annual Salary]
    • Payment Frequency: [Weekly/Bi-Weekly/Monthly]
    • Payment Method: [Check/Direct Deposit]
  • Option B: Hourly Wage
    • Hourly Wage: [Hourly Wage]
    • Payment Frequency: [Weekly/Bi-Weekly/Monthly]
    • Payment Method: [Check/Direct Deposit]
  • Option C: Commission
    • Commission Structure: [Commission Structure Details]
    • Payment Frequency: [Weekly/Bi-Weekly/Monthly]
    • Payment Method: [Check/Direct Deposit]
  • Overtime Compensation: Employee will be compensated for overtime hours in accordance with the Fair Labor Standards Act (FLSA) and Missouri state law. Non-exempt employees will receive one and one-half (1.5) times their regular hourly rate for all hours worked in excess of forty (40) in a workweek.
  • Signing Bonus: [Signing Bonus Amount] (if applicable, specify terms)
  • Discretionary Bonus: [Discretionary Bonus Details] (if applicable, specify terms)
  • Non-Discretionary Bonus: [Non-Discretionary Bonus Details] (if applicable, specify terms)
  • Incentives: [Incentive Details] (if applicable, specify terms)
  • Expense Reimbursement: Employer will reimburse Employee for reasonable and necessary business expenses incurred in connection with their employment, subject to Employer's expense reimbursement policy.

6. Benefits

  • Health Insurance:
    • Option A: Employer-Provided Health Insurance
    • Option B: Employee Responsibility
  • Dental Insurance:
    • Option A: Employer-Provided Dental Insurance
    • Option B: Employee Responsibility
  • Vision Insurance:
    • Option A: Employer-Provided Vision Insurance
    • Option B: Employee Responsibility
  • Life Insurance:
    • Option A: Employer-Provided Life Insurance
    • Option B: Employee Responsibility
  • Disability Insurance:
    • Option A: Employer-Provided Disability Insurance
    • Option B: Employee Responsibility
  • Retirement Benefits:
    • Option A: 401(k) Plan
    • Option B: Pension Plan
    • Option C: Profit-Sharing Plan
    • Option D: No Retirement Benefits
  • Vacation and Paid Time Off:
    • Vacation: [Number] days per year
    • Holidays: [List of Holidays]
    • Sick Leave: [Number] days per year
    • PTO: [Number] days per year
  • Leave of Absence: Employer will comply with all applicable federal and Missouri laws regarding leave of absence, including the Family and Medical Leave Act (FMLA).
  • Other Benefits: [Other Benefits, e.g., Employee Assistance Program]

7. Employee Conduct and Workplace Policies

  • Workplace Policies: Employee agrees to abide by all of Employer's workplace policies, as they may be amended from time to time.
  • Attendance Requirements: [Attendance Requirements Details]
  • Dress Code: [Dress Code Details]
  • Substance Abuse Policy: Employee agrees to comply with Employer's substance abuse policy, if any.
  • Anti-Harassment/Anti-Discrimination: Employer is committed to providing a workplace free of harassment and discrimination.
  • Health and Safety Rules: Employee agrees to follow all health and safety rules and procedures established by Employer.

8. Intellectual Property and Confidentiality

  • Confidential Information: Defined as any non-public information relating to Employer's business, including but not limited to trade secrets, customer lists, financial information, and business strategies.
  • Non-Disclosure Obligation: Employee agrees to hold all Confidential Information in confidence and not to disclose it to any third party, both during and after employment.
  • Ownership of Inventions: All inventions, discoveries, and works of authorship created by Employee during the course of employment shall be the sole property of Employer.

9. Non-Competition, Non-Solicitation, and Non-Disparagement

  • Option A: Non-Compete Clause
    • Employee agrees not to engage in any business or activity that competes with Employer's business within [Geographic Area] for a period of [Number] months following termination of employment.
    • Permitted Activities: [List of Activities Not Covered by Non-Compete]
    • Consideration: The parties agree that the consideration for the employee’s agreement to this provision is [Specific Consideration].
  • Option B: Non-Solicitation Clause
    • Employee agrees not to solicit any of Employer's employees, customers, or suppliers for a period of [Number] months following termination of employment.
  • Option C: Non-Disparagement Clause
    • Employee agrees not to disparage Employer or its employees, officers, or directors, either during or after employment.
  • Option D: Exclusion of Restrictive Covenants
    • No restrictive covenants (non-compete, non-solicitation, non-disparagement) are included in this agreement.

10. Separation and Departure

  • Voluntary Resignation: Employee must provide Employer with [Number] weeks' written notice of resignation.
  • Exit Interview: Employee agrees to participate in an exit interview upon termination of employment.
  • Return of Company Property: Employee must return all company property upon termination of employment.
  • Severance: [Severance Package Details, if any]
  • Final Compensation: Employee will receive all earned but unpaid wages upon termination of employment, in accordance with Missouri law.

11. Termination

  • Grounds for Termination: Employer may terminate Employee's employment for cause or without cause.
  • Definition of "Cause": [Definition of Cause, e.g., Gross misconduct, insubordination, theft]
  • Progressive Discipline: [Progressive Discipline Procedures, if any]
  • Notice Period (if applicable): [Notice Period Details]
  • Termination Benefits: [Termination Benefits Details, if any]
  • Compliance: Employer's termination practices will comply with all applicable federal and Missouri laws, including those related to wrongful discharge, unemployment benefits, and COBRA.

12. Dispute Resolution

  • Complaint Reporting Procedures: Employee should report any complaints or concerns to [Designated Person/Department].
  • Internal Grievance Process: [Internal Grievance Process Details, if any]
  • Option A: Mediation
    • Any disputes arising out of or relating to this Agreement shall be submitted to mediation in [City, State] before resorting to arbitration or litigation.
  • Option B: Arbitration
    • Any disputes arising out of or relating to this Agreement shall be resolved by binding arbitration in [City, State] in accordance with the rules of the American Arbitration Association. Employee acknowledges and agrees to waive their right to a jury trial.
  • Option C: Court Litigation
  • Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of Missouri. The venue for any legal action shall be [County], Missouri.

13. Workplace Safety and Workers' Compensation

  • Workplace Safety: Employee agrees to comply with all workplace safety rules and regulations, including Missouri OSHA requirements.
  • Workers' Compensation Notice: Employer provides workers' compensation insurance in accordance with Missouri law.
  • Claim Process: Employee should report any work-related injuries to [Designated Person/Department] immediately.
  • Leave for Work-Related Injuries: Employer will comply with all applicable laws regarding leave for work-related injuries.

14. Anti-Discrimination and Anti-Harassment

  • Equal Opportunity Employer: 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 characteristic protected by federal, state, or local law.
  • Compliance: Employer complies with Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), the Family and Medical Leave Act (FMLA), and the Missouri Human Rights Act.
  • Prohibited Conduct: Discrimination and harassment of any kind will not be tolerated.
  • Reporting Obligations: Employees are obligated to report any incidents of discrimination or harassment to [Designated Person/Department].

15. Acknowledgements

  • Receipt of Policies and Handbooks: Employee acknowledges receipt of Employer's employee handbook and other applicable policies.
  • Employee Signature: ____________________________
  • Date: ____________________________

16. Additional Clauses

  • Background Check Authorization: [Background Check Authorization Details, if any]
  • Employment Eligibility Verification: Employee must provide documentation establishing eligibility for employment in the United States, as required by the Immigration Reform and Control Act of 1986.
  • Incorporation of Employee Handbook: The Employer's employee handbook is incorporated by reference into this Agreement.
  • Modification Waiver: Any modification to this Agreement must be in writing and signed by both parties.
  • Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
  • Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous communications and proposals, whether oral or written.
  • Assignment: This Agreement may not be assigned by Employee without the written consent of Employer.
  • Successors and Assigns: This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.
  • Notices: All notices required or permitted under this Agreement shall be in writing and shall be deemed effectively given upon personal delivery or upon deposit in the United States mail, registered or certified, postage prepaid, addressed to the party at the address set forth above.

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

____________________________
[Employer Legal Name]

By: ____________________________
[Employer Representative Name]
[Employer Representative Title]

____________________________
[Employee Legal Name]

Date: ____________________________

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