Montana accountant employment contract template
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How Montana accountant employment contract Differ from Other States
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Montana uniquely recognizes wrongful discharge in employment, offering greater job security to accountants compared to at-will employment states.
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Unlike several states, Montana mandates that non-compete agreements are narrowly tailored and reasonable in scope, duration, and geography.
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State law in Montana requires paying all earned wages promptly upon termination, which can differ from other states’ final pay rules.
Frequently Asked Questions (FAQ)
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Q: Is at-will employment allowed in Montana for accountants?
A: No. Montana is not a true at-will state; employees gain protection from wrongful discharge after a probationary period.
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Q: Are accountant non-compete agreements enforceable in Montana?
A: They are enforceable only if reasonable in time, geographic area, and protect legitimate business interests of the employer.
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Q: When must a Montana accountant receive their final paycheck after termination?
A: Montana law requires the final paycheck to be issued by the next regular payday or within 15 days, whichever is sooner.
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Montana Accountant Employment Contract
This Montana Accountant Employment Contract (the “Agreement”) is made and effective as of [Date] by and between [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address], hereinafter referred to as “Employer,” and [Employee Legal Name], residing at [Employee Address], hereinafter referred to as “Employee.”
Position
- Option A: Full-Time Accountant
- Option B: Senior Accountant
- Option C: Staff Accountant
The Employee is hired as a Full-Time Accountant, responsible for performing the accounting duties as outlined in Exhibit A, which includes but is not limited to: account reconciliation, preparation and analysis of financial statements, bookkeeping, payroll administration per Montana law, managing accounts payable/receivable, budget preparation assistance, performing month-end and year-end close, maintaining accuracy of the general ledger, tax filings (federal, Montana state, and applicable local), supporting audits, regulatory and compliance reporting, implementing and overseeing internal controls specific to the Montana business environment, preparing documentation for Montana Department of Revenue, handling state-specific excise, sales and use tax obligations (if any), and verifying all work aligns with generally accepted accounting principles (GAAP) and Montana-specific standards.
Qualifications
- Option A: Bachelor's Degree in Accounting or related field.
- Option B: Master’s Degree in Accounting
- Option C: Bachelor's Degree in Accounting or related field, CPA certification required.
Employee must possess, at a minimum, a Bachelor’s degree in Accounting or a related field. Possession of a Certified Public Accountant (CPA) license is [Required/Preferred]. If CPA is required, the employee is expected to maintain their Montana Board of Public Accountants licensure, including ongoing CPE requirements.
Reporting Structure
- Option A: Reports directly to the Controller.
- Option B: Reports directly to the Chief Financial Officer (CFO).
- Option C: Reports directly to the [Department Name] Manager.
The Employee will report directly to the [Supervisor Name], [Supervisor Title]. The department structure is [Finance/Operations/Other]. The employee will interface with management, external auditors, and regulatory bodies, as needed and in accordance with Montana requirements.
Work Location
- Option A: [Employer Address], Montana
- Option B: Remote Work (Subject to Employer Policies)
The primary work location will be [Employer Address], Montana. [Remote work is/is not] permitted subject to the Employer's remote work policy and secure handling of physical and electronic financial records under Montana’s privacy and data security laws.
Working Hours
- Option A: Standard 40-hour work week.
- Option B: Flexible hours with supervisor approval.
The standard work week is 40 hours per week. Overtime eligibility and calculation will be in accordance with Montana wage and hour law. The employer complies with mandatory meal and rest break requirements. Flexible scheduling or accrual of compensatory time [is/is not] offered. Extended hours may be required during fiscal year-end or tax season.
Compensation
- Option A: Annual Salary: [Dollar Amount]
- Option B: Hourly Rate: [Dollar Amount]
- Option C: Salary plus performance-based bonus.
The Employee will receive [Annual Salary/Hourly Rate]. Pay frequency is [Bi-weekly/Semi-monthly/Monthly] and methods are consistent with Montana pay statute (including direct deposit and paystub itemization). Applicable overtime rates will be per Montana and federal law. Bonus eligibility and performance incentive structure are described in Exhibit B. Salary adjustments will be based on [Performance/Market conditions/Other].
Benefits
- Option A: Standard Benefits Package
- Option B: Comprehensive Benefits Package
The Employee is eligible for a benefits package including health, dental, vision, employer-paid disability insurance, retirement plan participation (including Montana Public Employee Retirement System if applicable), paid time off (vacation, sick leave), Montana state holidays, [Paid family and medical leave as governed by Montana law, if applicable], and [employer-provided or reimbursed training/certification expenses, especially for CPAs, if applicable]. Procedures for requesting, approving, and tracking PTO follow Montana employer practices.
Intellectual Property
- Option A: Standard Work Product Ownership
- Option B: Customized IP Agreement
All intellectual property and work product developed by the Employee during their employment, including proprietary accounting processes, templates, or internal controls, will be owned by the Employer, subject to confidentiality of client and company financial data under Montana Uniform Trade Secrets Act.
Confidentiality
- Option A: Standard Confidentiality Clause
- Option B: Detailed Confidentiality Agreement
The Employee must maintain strict confidentiality of company and third-party financial data, tax records, payroll, and management information, with emphasis on Montana privacy laws and requirements for safekeeping of nonpublic personal information.
Financial Integrity
- Option A: Standard Ethics Clause
- Option B: Detailed Compliance Agreement
The Employee is prohibited from insider trading or misuse of privileged financial information and must report any financial irregularities or suspected legal violations in accordance with Montana whistleblower protections and required ethical standards of the accounting profession.
Conflict of Interest
- Option A: Standard Conflict of Interest Policy
- Option B: Disclosure Required
The Employee must disclose and manage conflicts of interest, including restrictions on outside accounting work for competitors or company clients, and obtain management approval for external engagements that could create a conflict per Montana business ethics norms.
Performance Standards
- Option A: Standard Performance Expectations
- Option B: Specific Performance Metrics
The Employee will adhere to behavioral and performance standards, including applicable codes of professional conduct (AICPA and Montana Board of Public Accountants), documentation and retention requirements for all financial transactions, response timelines for regulatory requests or internal audit findings, and attendance at required training and compliance briefings.
Compliance
- Option A: Standard Compliance Requirements
- Option B: Industry-Specific Compliance
The Employee must comply with industry regulations relevant to the Employer’s sector (e.g., banking, health care, nonprofit), as well as internal compliance manuals, Sarbanes-Oxley (if applicable), and Montana revenue and labor reporting requirements.
Termination
- Option A: At-Will Employment
- Option B: Termination with Cause
Employment is at-will and may be terminated by either party with [Number] days' notice, subject to lawful basis for termination (resignation, for-cause dismissal, reduction in force), final paycheck delivery (compliant with Montana’s deadlines and withholding requirements), and conditions for severance pay.
Return of Property
- Option A: Standard Return of Property Clause
Upon termination, the Employee must return all Employer property, particularly accounting records, company laptops, secure authentication devices, and access removal from financial systems.
Documentation and Recordkeeping
- Option A: Standard Documentation Requirements
The Employee is obligated to maintain accurate and complete documentation and records, ensuring compliance with Montana Department of Labor and Industry as well as Montana income and employment tax audit standards.
Equal Opportunity Employment
- Option A: Standard EEO Statement
The Employer is an equal opportunity employer and adheres to anti-discrimination and anti-harassment requirements per Montana law, covering all protected categories (race, color, national origin, religion, sex, age, disability, marital status, familial status, sexual orientation, gender identity), and outlines available complaint and grievance procedures.
Restrictive Covenants
- Option A: No Restrictive Covenants
- Option B: Limited Non-Compete (Subject to Montana Law)
Restrictive covenants (such as non-compete, non-solicit, and non-disclosure clauses) are [Included/Excluded], and if included, are explicitly referencing Montana law’s generally narrow enforcement of non-competes for accountants (must be reasonable and protect legitimate business interests only, not overly broad or anti-competitive).
Dispute Resolution
- Option A: Standard Dispute Resolution Process
Disputes will be resolved through grievance reporting, company-level mediation, nonbinding arbitration, and Montana venue/jurisdiction for litigation, with reference to the at-will doctrine as modified by public policy exceptions under Montana law.
Mandatory Programs
- Option A: Workers Compensation
The Employer provides mandatory Montana workers’ compensation, complies with occupational safety and health (Occupational Health and Safety Laws at the state and potentially federal level), and [Offers/Does Not Offer] voluntary/mandatory participation in Montana-based employee assistance or mental health support programs.
Continuing Education
- Option A: Allowance for Continuing Education
The Employer [Provides/Does Not Provide] an allowance for required continuing education and CPA upkeep to maintain Montana licensure.
Compliance Updates
- Option A: Compliance with Future Changes
The Employee must comply with changes in relevant tax law, accounting standards, and internal policies recommended by the Montana State Board or the Employer’s industry, as well as participate in regular compliance trainings.
Amendment
- Option A: Standard Amendment Clause
Adjustments and updates to this Agreement, policies, or job description will be made in accordance with new law or business requirements, and notification protocols for such amendments will be provided.
Review and Signature
- Option A: Standard Review and Signature Clause
This Agreement is subject to review and interpretation, and each party acknowledges the right to seek independent legal/financial counsel prior to execution.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
[Employer Legal Name]
By: [Employer Name]
Title: [Employer Title]
[Employee Legal Name]
Signature:
Date:
Witness/Notary (if required):
Contact Details for Montana Department of Labor: [Insert Contact Details]
Exhibit A: Job Description
Exhibit B: Bonus and Incentive Structure