Montana bookkeeper employment contract template

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How Montana bookkeeper employment contract Differ from Other States

  1. Montana is a unique state for employment contracts, as it is not an at-will employment state after the probationary period, offering stronger job security.

  2. Under Montana law, termination after the probationary period must be for good cause, unlike at-will states where either party can terminate without cause.

  3. Montana law requires clearly defined probationary periods and can restrict the enforceability of certain non-compete clauses, providing added worker protections.

Frequently Asked Questions (FAQ)

  • Q: Is at-will employment allowed for bookkeepers in Montana?

    A: At-will employment applies only during the probationary period. After that, termination typically requires good cause.

  • Q: Do Montana bookkeeper contracts require specific termination procedures?

    A: Yes. Employers must follow good cause and proper procedures post-probation. Failure to do so may expose them to legal claims.

  • Q: Can Montana bookkeeper contracts include non-compete clauses?

    A: Non-compete clauses are enforceable only if they are reasonable in scope, duration, and necessary to protect legitimate business interests.

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Montana Bookkeeper Employment Agreement

This Montana Bookkeeper Employment Agreement (the "Agreement") is made and entered into as of [Date of Signing], by and between [Employer Legal Business Name], a [State of Formation] [Business Entity Type] with a principal place of business at [Employer Business Address], hereinafter referred to as "Employer," and [Employee Full Legal Name], residing at [Employee Full Address], hereinafter referred to as "Employee."

Position and Responsibilities

  • The Employer hereby employs the Employee as a Bookkeeper.
  • The Employee accepts such employment and agrees to perform the following duties, as well as any other duties as may be assigned by the Employer from time to time:
    • Accurate and timely processing and reconciliation of accounts payable and receivable.
    • Maintenance of general ledgers.
    • Payroll processing in full compliance with Montana state tax regulations.
    • Preparation of monthly, quarterly, and annual financial reports.
    • Management of expense reimbursements per Employer policy.
    • Adherence to Montana-adopted GAAP or other applicable accounting standards.
    • Preparation and submission of Montana-specific employer tax filings (Montana Withholding Tax, Unemployment Insurance, etc.).
    • Support for external audits or state compliance reviews.
    • Prompt notification procedures for suspected accounting discrepancies or fraudulent activity.
  • Reporting Structure: The Employee will report to [CFO Name/Controller Name/Business Owner Name].

Work Location and Remote Work

  • The primary workplace will be located at [Employer Business Address] in Montana.
  • Options:
    • Option A: The Employee is eligible for remote work under the following conditions: [Remote Work Policy Details - Hours, Equipment, Security, Data Retention, Encryption]. The Employee must adhere to all security protocols for handling client/financial data offsite and comply with Montana's privacy and personal information laws.
    • Option B: Remote work is not permitted for this position.

Employment Type, Hours, and Overtime

  • The Employee's employment is full-time.
  • The Employee's regular work schedule is [Number] hours per week, consisting of [Days of the Week] from [Start Time] to [End Time].
  • The Employee is entitled to a [Duration] minute break during each [Number] hour work period, in accordance with Montana Code Annotated break requirements.
  • Overtime:
    • Option A: Overtime will be paid at a rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked in excess of forty (40) hours in a workweek, in compliance with Montana wage and hour law.
    • Option B: This is a salaried, exempt position, and the employee is not eligible for overtime.
  • The Employee will accurately record all hours worked using the Employer's designated timekeeping system.

Compensation

  • Salary/Wage:
    • Option A: The Employee's annual salary will be [Dollar Amount], payable [Pay Frequency - e.g., bi-weekly, monthly].
    • Option B: The Employee's hourly wage will be [Dollar Amount], payable [Pay Frequency - e.g., bi-weekly, monthly].
  • Bonuses/Incentives:
    • Option A: The Employee is eligible for a bonus based on [Bonus Criteria - e.g., accurate bookkeeping, achieving targets], as determined by the Employer. Details of the bonus plan are outlined in [Document Name].
    • Option B: The Employee is not eligible for bonuses.
  • The Employee's performance and compensation will be reviewed annually.
  • Final wage payments will be made in accordance with Montana law upon separation.

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.
    • 401(k) retirement plan with [Employer Matching Details].
    • Paid vacation leave: [Number] days per year.
    • Paid sick leave: [Number] days per year. (Note: While Montana does not mandate paid sick leave, if offered, it must comply with employer policy.)
    • Statutory holidays recognized in Montana.
    • Continuing Education: Option A: Reimbursement of bookkeeping-related continuing education or professional organization dues up to [Dollar Amount] per year. Option B: No reimbursement is offered.

Expense Reimbursement

  • The Employee will be reimbursed for reasonable and necessary business expenses incurred in the performance of their duties, subject to the Employer's expense reimbursement policy and Montana law. The Employee must submit expense reports with supporting documentation.

Confidentiality

  • The Employee acknowledges that during the course of their employment, they will have access to confidential information belonging to the Employer and its clients, including financial data, trade secrets, employee payroll data, banking records, and tax records.
  • The Employee agrees to hold all such confidential information in strict confidence and not to disclose it to any third party without the Employer's prior written consent.
  • This confidentiality obligation shall survive the termination of this Agreement, in accordance with Montana's Uniform Trade Secrets Act.

Ownership of Work Product

  • All work products, ledgers, financial statements, electronic records, and databases created by the Employee during the course of their employment shall be the exclusive property of the Employer.
  • Exceptions:
    • Materials previously owned by the employee.
    • Third-party accounting software licenses.

Ethical Conduct and Conflicts of Interest

  • The Employee agrees to conduct themselves ethically and professionally at all times and to avoid any conflicts of interest. The Employee shall not use company/client funds for personal use, make unauthorized accounting entries, or engage in self-dealing.

Background Screening/Bonding/Licensure

  • Options:
    • Option A: Employment is contingent upon successful completion of a background check and [Bonding/Licensure, if required].
    • Option B: Not applicable.

Non-Solicitation

  • The Employee agrees not to solicit or attempt to solicit any of the Employer's clients for the purpose of providing bookkeeping services for a period of [Number] months following the termination of this Agreement. This restriction is aimed at protecting confidential information and trade secrets and is intended to be reasonable in scope and duration under Montana law.

Equal Employment Opportunity and Anti-Harassment

  • The Employer is an equal opportunity employer and is committed to providing a workplace free of discrimination and harassment. The Employer prohibits discrimination based on race, color, national origin, marital status, sex, age, religious beliefs, physical or mental disability, sexual orientation, and gender identity, in accordance with the Montana Human Rights Act. The Employee should refer to the Employer’s Handbook [Document Name] for complaint procedures.

At-Will Employment and Probationary Period

  • The Employee's employment is at-will and is subject to the Montana Wrongful Discharge from Employment Act.
  • The first [Number, e.g., Three, Six] months of employment shall constitute a probationary period.
  • During the probationary period, the Employer may terminate the Employee's employment for any reason not prohibited by law.
  • After the probationary period, the Employee may only be discharged for "good cause," which includes, but is not limited to, material accounting errors, willful misconduct, gross negligence, ethical breaches, or violation of company policy.
  • The Employee’s performance will be evaluated [Frequency, e.g., monthly, bi-monthly] during the probationary period.

Termination

  • The Employee may resign from their employment by providing the Employer with [Number] days' written notice.
  • The Employer may terminate the Employee's employment for good cause after the probationary period, as defined above.
  • Upon termination, the Employee will be paid all wages owed to them, in accordance with Montana law.
  • Upon termination, the Employee will return all employer records, keys, IT credentials, and accounting software licenses.

Dispute Resolution

  • The parties agree to attempt to resolve any disputes arising out of or relating to this Agreement through good faith negotiations.
  • If the parties are unable to resolve the dispute through negotiation, they agree to submit the dispute to mediation or arbitration in accordance with Montana law.

Workers' Compensation

  • The Employee is covered by Montana Workers' Compensation insurance for any injuries sustained in the course of their employment.

Occupational Health and Safety

  • The Employee will adhere to all applicable occupational health and safety guidelines relevant to office-based bookkeeper roles in Montana.

Compliance Training

  • The Employee will complete mandatory training on [HIPAA/Privacy Law Compliance, Bank/CPA Firm Policies].

Government Reporting and Audit Support

  • The Employee will comply with all government reporting, retention periods, and audit support requirements under Montana income tax and business regulations.

Amendments

  • This Agreement may be amended only by a written instrument signed by both parties.

Incorporation by Reference

  • The following documents are incorporated by reference into this Agreement: [List of Documents, e.g., Employee Handbook, Benefits Summary].

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

[Employer Legal Business Name]

By: [Employer Authorized Agent Name]

Title: [Employer Authorized Agent Title]

[Employee Full Legal Name]

[Employee Signature]

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